Yes You Can!
An Introduction to
Copyright and Fair
Use for Digital
Learning
Renee Hobbs
LSC 530 Texts and Tools for Childr...
WHEN STUDENTS USE COPYRIGHTED
MATERIALS IN THEIR ACADEMIC WORK
ILLUSTRATION
DIGITAL STORYTELLING
1. Develop a story, often in a collaborative process where feedback is provided
2. Compose a script.
...
CRITICAL ANALYSIS
Remix
Why do students use copyrighted materials in their own
creative work?
Technology
makes it easy
to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute
Owners
forcefully assert
their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics
See no Evil Close the Door Hyper-Comply
How Teachers Cope
NEGOTIATED AGREEMENTS BETWEEN MEDIA
COMPANIES AND EDUCATIONAL GROUPS
Problem:
Agreement on Guidelines for Classroom Copyin...
The documents created by these negotiated
agreements give them “the appearance of positive
law. These qualities are merely...
It’s time to
replace old
knowledge
with
accurate
knowledge
PLAGIARISM
Using other people’s creative
work by passing it off as your
own
COPYRIGHT INFRINGEMENT
A legal violation of th...
PLAGIARISM
Using other people’s creative
work by passing it off as your
own
COPYRIGHT INFRINGEMENT
A legal violation of th...
PLAGIARISM
Using other people’s creative
work by passing it off as your
own
COPYRIGHT INFRINGEMENT
A legal violation of th...
When & How to Cite Your Sources:
Teaching Attribution
 Academic Writing
 Video PSAs
 Poetry
 Informal Writing
 Docume...
When & How to Cite Your Sources:
Teaching Attribution
 Academic Writing
 Video PSAs
 Poetry
 Informal Writing
 Docume...
APA CITATION: Caramanica, J. (2010). At 40,
circling back to teenage life. New York Times,
August 27.
SUMMARY: The produce...
What is the purpose of
To promote
creativity, innovation
and the spread of
knowledge
Article 1 Section 8
U.S. Constitution
EVERYTHING
IS COPYRIGHTED
Creative Control
The Copyright Act grants five rights to
a copyright owner:
1. the right to reproduce the
copyrighted work...
Copyright law enables people to
control the creative works
they produce
LOVE HATE
Violating Copyright Can Be Expensive
The Copyright holder may receive statutory damages for all infringements
involved in ...
EVERYTHING
IS COPYRIGHTED
…BUT THERE ARE
EXEMPTIONS
--Section 107
Copyright Act of 1976
The Doctrine of Fair Use
For purposes such as
criticism, comment,
news reporting, teac...
The Doctrine of Fair Use
“It not only allows but encourages socially
beneficial uses of copyrighted works such as
teaching...
Judges are more likely to rule that a particular use of copyrighted materials
Is a fair use when the social benefits of th...
Bill Graham Archives vs. Dorling
Kindersley, Ltd. (2006)
An Example of Transformative Use
The purpose of the original:
To generate publicity for a
concert.
The purpose of the new
...
Fair Use Music Video
Using Copyrighted Materials in Creative Work
. CASE 1. Someone uses an
image of John Lennon in a
class assignment when
dis...
Sharing Creative Work Online
.
CASE 1. Someone uses
“Little Mermaid” image in a
personal blog writing about
childhood memo...
Exercising Your Fair Use
Reasoning
Involves
Critical Thinking
The Power of Fair Use for Project-Based Learning
Reflects the “best
practices” of
educators who use
copyrighted material
to build critical
thinking and
communication skill...
The Power of Fair Use for TEACHING AND LEARNING
Educators can:
1. make copies of newspaper articles, TV shows, and other
copyrighted works and use them and keep them for ...
Organizations Supporting the Code of
Best Practices
Action Coalition for Media Education
(ACME)
National Association for M...
Educators Can Rely on Fair Use
National Council of
Teachers of English
(NCTE) has adopted the
“Code of Best Practices in
F...
USING COPYRIGHTED MATERIAL
CHOICES FOR THE CREATIVE INDIVIDUAL
PAY A LICENSE FEE
Ask Permission
CLAIM FAIR USE
Just Use it...
People need to ask
permission & pay a
license fee when
using copyrighted
materials for
promotional or
advertising
purposes
Licensing and Permissions
BE AWARE:
Licensing
Trumps
Fair Use
1. Cease and desist
letter
2. Decide whether to
pursue legal action
3. File a lawsuit
4. Build a case using
evidence and
r...
1. Cease and desist
letter
2. Decide whether to
pursue legal action
3. File a lawsuit
4. Build a case using
evidence and
r...
1. RIPPING. Criminalizes the use of technology, devices, or services intended to
circumvent digital rights management (DRM...
Copyright Law Adapts
to Changes in Technology and Society
1. RIPPING. Criminalizes the use of technology, devices, or services intended to
circumvent digital rights management (DRM...
The Results of our Advocacy
Users may unlock DVDs protected by the Content
Scrambling System when circumvention is for the...
http://copyrightconfusion.wikispaces.com
Renee Hobbs
University of Rhode Island
Harrington School of
Communication and Media
Web:
http://mediaeducationlab.com
Twit...
LSC530 Kids, Authorship, Copyright and Fair Use
LSC530 Kids, Authorship, Copyright and Fair Use
LSC530 Kids, Authorship, Copyright and Fair Use
LSC530 Kids, Authorship, Copyright and Fair Use
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LSC530 Kids, Authorship, Copyright and Fair Use

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Professor Renee Hobbs explains how digital learning relies on children and youth becoming authors of multimedia -- and how their work depends on understanding rights and responsibilities of copyright and fair use.

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  • Worst case scenario: $3,3 million – 22 episodes at $150K eachIf you plead ignorance: possibly only $4,400 ($750 * 22 episodes)PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
  • Worst case scenario: $3,3 million – 22 episodes at $150K eachIf you plead ignorance: possibly only $4,400 ($750 * 22 episodes)PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
  • LSC530 Kids, Authorship, Copyright and Fair Use

    1. 1. Yes You Can! An Introduction to Copyright and Fair Use for Digital Learning Renee Hobbs LSC 530 Texts and Tools for Children and Youth Spring 2014 Why Copyright Matters for Librarians, Educators and Media Professionals
    2. 2. WHEN STUDENTS USE COPYRIGHTED MATERIALS IN THEIR ACADEMIC WORK
    3. 3. ILLUSTRATION
    4. 4. DIGITAL STORYTELLING 1. Develop a story, often in a collaborative process where feedback is provided 2. Compose a script. 3. Make an audio recording if desired. 3. Create or select images and sequence them in relation to the story 4. Use editing to assemble audio, text and images, adding music or transitions 5. Share final project with an authentic audience
    5. 5. CRITICAL ANALYSIS
    6. 6. Remix
    7. 7. Why do students use copyrighted materials in their own creative work?
    8. 8. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
    9. 9. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics
    10. 10. See no Evil Close the Door Hyper-Comply How Teachers Cope
    11. 11. NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS Problem: Agreement on Guidelines for Classroom Copying in Not- for-Profit Educational Institutions Fair Use Guidelines for Educational Multimedia Guidelines for the Educational Use of Music Educational Use Guidelines are Confusing!
    12. 12. The documents created by these negotiated agreements give them “the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts” --Kenneth Crews, 2001 Educational Use Guidelines are NOT the Law!
    13. 13. It’s time to replace old knowledge with accurate knowledge
    14. 14. PLAGIARISM Using other people’s creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources
    15. 15. PLAGIARISM Using other people’s creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources FINES & OTHER PENALTIES
    16. 16. PLAGIARISM Using other people’s creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources FINES & OTHER PENALTIES
    17. 17. When & How to Cite Your Sources: Teaching Attribution  Academic Writing  Video PSAs  Poetry  Informal Writing  Documentary Film  Journalism  Websites NORMS OF THE GENRE HOW TO USE SOURCES  Summarizing  Paraphrasing  Direct Quotation
    18. 18. When & How to Cite Your Sources: Teaching Attribution  Academic Writing  Video PSAs  Poetry  Informal Writing  Documentary Film  Journalism  Websites NORMS OF THE GENRE HOW TO USE SOURCES  Summarizing  Paraphrasing  Direct Quotation
    19. 19. APA CITATION: Caramanica, J. (2010). At 40, circling back to teenage life. New York Times, August 27. SUMMARY: The producer of 16 and Pregnant has had a turbulent career after having a successful early start in Hollywood followed by a string of failures and personal problems. Now that “16 and Pregnant” is a hit, he has a mission to tell the complex life stories of teenagers who are struggling with life challenges (Caramanica, 2010). PARAPHRASE: More than 2.4 million viewers watch “16 and Pregnant” each week (Caramanica, 2010). DIRECT QUOTATION: Morgan J. Freeman has helped “reposition MTV’s reality slate from tracking the lives of the young, beautiful and rich to capturing the lives of the young, beautiful and resilient” (Caramanica, 2010, p. D1).
    20. 20. What is the purpose of
    21. 21. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
    22. 22. EVERYTHING IS COPYRIGHTED
    23. 23. Creative Control The Copyright Act grants five rights to a copyright owner: 1. the right to reproduce the copyrighted work; 2. the right to prepare derivative works based upon the work; 3. the right to distribute copies of the work to the public; 4. the right to perform the copyrighted work publicly; and 5. the right to display the copyrighted work publicly.
    24. 24. Copyright law enables people to control the creative works they produce LOVE HATE
    25. 25. Violating Copyright Can Be Expensive The Copyright holder may receive statutory damages for all infringements involved in the action… not less than $750 or more than $30,000 as the court considers just. [...] When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000." LOVE HATE
    26. 26. EVERYTHING IS COPYRIGHTED …BUT THERE ARE EXEMPTIONS
    27. 27. --Section 107 Copyright Act of 1976 The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research
    28. 28. The Doctrine of Fair Use “It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.” --Carrie Russell, American Library Association
    29. 29. Judges are more likely to rule that a particular use of copyrighted materials Is a fair use when the social benefits of the unauthorized use outweigh the private costs to the copyright holder
    30. 30. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
    31. 31. An Example of Transformative Use The purpose of the original: To generate publicity for a concert. The purpose of the new work: To document and illustrate the concert events in historical context.
    32. 32. Fair Use Music Video
    33. 33. Using Copyrighted Materials in Creative Work . CASE 1. Someone uses an image of John Lennon in a class assignment when discussing how musicians share their political beliefs with their fans. CASE 2. Someone uses an image of John Lennon on the cover of the high school literary magazine.
    34. 34. Sharing Creative Work Online . CASE 1. Someone uses “Little Mermaid” image in a personal blog writing about childhood memories. CASE 2. Someone uses a “Little Mermaid” image in online fan fiction about the sexual adventures of Ariel.
    35. 35. Exercising Your Fair Use Reasoning Involves Critical Thinking
    36. 36. The Power of Fair Use for Project-Based Learning
    37. 37. Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills Supported by a grant from the John D. and Catherine T MacArthur Foundation
    38. 38. The Power of Fair Use for TEACHING AND LEARNING
    39. 39. Educators can: 1. make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use 2. create curriculum materials and scholarship with copyrighted materials embedded 3. share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: 4. use copyrighted works in creating new material 5. distribute their works digitally if they meet the transformativeness standard Five Principles Code of Best Practices in Fair Use
    40. 40. Organizations Supporting the Code of Best Practices Action Coalition for Media Education (ACME) National Association for Media Literacy Education (NAMLE) National Council of Teachers Of English (NCTE) Visual Studies Division International Communication Association (ICA) Association of College and Research Libraries (ACRL)
    41. 41. Educators Can Rely on Fair Use National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use
    42. 42. USING COPYRIGHTED MATERIAL CHOICES FOR THE CREATIVE INDIVIDUAL PAY A LICENSE FEE Ask Permission CLAIM FAIR USE Just Use it DON’T USE IT SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT
    43. 43. People need to ask permission & pay a license fee when using copyrighted materials for promotional or advertising purposes
    44. 44. Licensing and Permissions
    45. 45. BE AWARE: Licensing Trumps Fair Use
    46. 46. 1. Cease and desist letter 2. Decide whether to pursue legal action 3. File a lawsuit 4. Build a case using evidence and reasoning 5. Judicial decision Understanding the Legal Process
    47. 47. 1. Cease and desist letter 2. Decide whether to pursue legal action 3. File a lawsuit 4. Build a case using evidence and reasoning 5. Judicial decision Judges determine fair use after considering the context and situation of the use in relation to the harms to the copyright holder and the social benefits of the unauthorized use. Understanding the Legal Process
    48. 48. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use Digital Millennium Copyright Act of 1998
    49. 49. Copyright Law Adapts to Changes in Technology and Society
    50. 50. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use Digital Millennium Copyright Act of 1998
    51. 51. The Results of our Advocacy Users may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non- profit use.
    52. 52. http://copyrightconfusion.wikispaces.com
    53. 53. Renee Hobbs University of Rhode Island Harrington School of Communication and Media Web: http://mediaeducationlab.com Twitter: @reneehobbs

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