Learning how to make a fair use determination

1. Copyright Clarity:
Application
Renee Hobbs
Harrington School of Communication and Media
University of Rhode Island USA

2. Using Copyrighted Material:
Four Choices for the Creative Individual
Ask Permission
PAY A LICENSE FEE
CLAIM AN EXEMPTION
Use it Without
Permission or Payment
DON’T USE IT
Use PUBLIC DOMAIN,
ROYALTY-FREE or
CREATIVE COMMONS
LICENSED CONTENT
1 3
2 4

3. Four Factors of Fair Use
107

4. Bill Graham Archives vs. Dorling Kindersley,
Ltd. (2006)

5. 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.

6. Copyright Offers
Strong Protection to
BOTH
Owners & Users

7. Is Your Use of Copyrighted Materials a Fair Use?
1. Did the unlicensed use “transform” the material taken
from the copyrighted work by using it for a different
purpose than that of the original, or did it just repeat the
work for the same intent and value as the original?
2. Was the material taken appropriate in kind and amount,
considering the nature of the copyrighted work and of the
use?

8. Educators Rely on Fair Use for
Curriculum Development

9. Learners Rely on Fair Use for
Media Projects

10. Exercising Your
Fair Use
Reasoning
Involves
Critical Thinking

11. User Rights, Section 107

13. 1. Did your use of the
work re-purpose or
transform the
copyrighted material?
2. Does your use merely
re-transmit the original
work? Could your work
serve as a substitute or
replacement for the
original?
3. Did you use only the
amount needed to
accomplish your
purpose?
Critical Questions for
Making a Fair Use
Determination

14. Copying to avoid making a purchase
Copying to merely exploit the popularity of
another’s work
Copies that become substitutes or
replacements for the original

15. Using Copyrighted Materials in Creative Work
.
CASE. Someone teaching
an online graduate class
demonstrates effective
storytime read-aloud
practices by creating an
educational video that
features a teacher reading
aloud from a picture book.
@khokanson

16. .
CASE. Someone creates a
video of a children’s picture
book by combining images
from the picture book with
audio narration of the text.
@khokanson
Using Copyrighted Materials in Creative Work

17. Using Copyrighted Materials in Creative Work
.
CASE. Someone uses a variety
of different copyrighted images
to create a book trailer for a
children’s picture book.
@khokanson
Using Copyrighted Materials in Creative WorkUsing Copyrighted Materials in Creative Work

18. Use of Copyrighted Materials in Creative Work
.
CASE. A student uses a copyrighted song in a video to demonstrate
understanding of rhetorical and literary techniques.

19. Use of Copyrighted Materials in Creative Work
.
CASE. A student mixes
excerpts of a classic speech
with a song in order to
promote new meanings and
interpretations.

20. School Events and Celebrations
.
CASE STUDY. Students and faculty make a “lip dub” video and
share it on YouTube.

21. Using Copyrighted Materials in Creative Work
. CASE. Someone uses an
image of John Lennon in a
class assignment when
discussing how musicians
share their political beliefs
with their fans.

22. Using Copyrighted Materials in Creative Work
. CASE. Someone uses an
image of John Lennon in a
class assignment when
discussing how musicians
share their political beliefs
with their fans.
CASE. Someone uses an
image of John Lennon on the
cover of the high school
literary magazine.

23. Sharing Creative Work Online
.
CASE. Someone uses
“Little Mermaid” image in a
personal blog writing about
childhood memories.
CASE. Someone uses a
“Little Mermaid” image in
online fan fiction about the
sexual adventures of Ariel.

24. Reflects the “best
practices” of educators
who use copyrighted
material to build critical
thinking and
communication skills
Read the Code

25. 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

26. 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)

27. 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

28. Video record your answer in 3 minutes or less
https://flipgrid.com/amman
Time to Synthesize
1. How do students use copyrighted works for
learning?
2. What is the purpose of copyright?
3. Why is an understanding of copyright essential
for everyone today?
4. How does copyright protect both owners and
users?
5. What is the doctrine of fair use?
6. What questions help people engage in the fair
use reasoning process?