Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Yes You Can Use Copyrighted Materials


Published on

Learn how copyright supports the rights of both owners and users and strengthen your understanding of how the doctrine of fair use applies to the practice of teaching and learning with digital media, technology, mass media and popular culture.

Published in: Education
  • Be the first to comment

Yes You Can Use Copyrighted Materials

  1. 1. Yes, You Can Use Copyrighted Materials! <br />Renee Hobbs<br />Media Education Lab<br />Temple University<br />
  2. 2. Strengthening Public Understanding of Copyright and Fair Use<br />Supported by a grant from the <br />John D. and Catherine T. MacArthur Foundation<br />
  3. 3. Let’s DiscussToday’s Digital Culture<br />
  4. 4. What is the purpose of <br />
  5. 5. To promote creativity, innovation and the spread of knowledge<br />Article 1 Section 8<br />U.S. Constitution<br />
  6. 6. The Result<br />Copyright Confusion<br />
  7. 7. How We Cope<br />See no Evil<br />Close the Door<br />Hyper-Comply<br />
  8. 8. When I use the creative work of others in my own work, which concepts apply to my situation?<br />Attribution: Citing your sources<br />Plagiarism: Not acknowledging source material used in your work<br />Infringement: Copying another’s work in violation of law<br />Fair Use: Legal use of copyrighted works without permission or payment<br />Licensing: Asking permission and paying a fee<br />
  9. 9. Copyright Law Balances Rights of Owners and Users<br />OWNERS<br />USERS<br />
  10. 10. Strengthening Public Understanding of Copyright and Fair Use<br />Supported by a grant from the <br />John D. and Catherine T. MacArthur Foundation<br />
  11. 11. Problem:<br />Educational Use Guidelines are Confusing!<br />NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS<br />Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions<br />Fair Use Guidelines for Educational Multimedia<br />Guidelines for the Educational Use of Music<br />
  12. 12. Educational Use Guidelinesare NOT the Law!<br />
  13. 13. 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” <br /> --Kenneth Crews, 2001<br />Educational Use Guidelinesare NOT the Law!<br />
  14. 14. It’s time to replace old knowledge<br />with<br />accurate knowledge<br />
  15. 15. --Section 107<br /> Copyright Act of 1976<br />The Doctrine of Fair Use<br />
  16. 16. --Section 107<br /> Copyright Act of 1976<br />The Doctrine of Fair Use<br />Criticism, comment, news reporting, teaching, scholarship, research <br />… but also many forms of creative work that advance and spread innovation<br />
  17. 17. --Section 107<br /> Copyright Act of 1976<br />The Doctrine of Fair Use<br />Fair use of copyrighted materials is allowed when the benefits to society <br />outweigh the private costs <br />to the copyright holder<br />Fair use prevents <br />copyright law from becoming <br />a form of <br />private censorship<br />
  18. 18. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)<br />
  19. 19. An Example of Transformative Use<br /> The purpose of the original: To generate publicity for a concert.<br />The purpose of the new work: To document and illustrate the concert events in historical context.<br />
  20. 20. Transformative Use is Fair Use<br /> When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.  <br />--Joyce Valenza, School Library Journal<br />
  21. 21. Users’ Rights, Section 107 <br /><br />
  22. 22. Is Your Use of Copyrighted Materials a Fair Use?<br />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?<br />Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?<br />
  23. 23. Fair Use Is Empowering <br /> MYTH: <br /> FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS.<br />TRUTH:The fair use provision of the Copyright Act is written broadly because it is designed to apply to a wide range of creative works and the people who use them. Fair use is a part of the law that belongs to everyone. <br />
  24. 24. Communities of Practice Assert Their Fair Use Rights<br />
  25. 25. Five Principles Code of Best Practices in Fair Use <br />Educators can:<br />make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use<br />create curriculum materials and scholarship with copyrighted materials embedded<br />share, sell and distribute curriculum materials with copyrighted materials embedded <br />Learners can:<br />use copyrighted works in creating new material<br />distribute their works digitally if they meet the transformativeness standard<br />
  26. 26. The Code of Best Practices Helps<br /><ul><li> To educate educators themselves about how fair use applies to their work
  27. 27. To persuade gatekeepers, including school </li></ul> leaders, librarians, and publishers, to accept well-founded assertions of fair use<br /><ul><li> To promote revisions to school policies regarding the use of copyrighted materials that are used in education
  28. 28. To discourage copyright owners from threatening or bringing lawsuits
  29. 29. In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.</li></li></ul><li>Organizations Supporting the Code of Best Practices<br />Association of College and Research Libraries (ACRL)<br />National Association for Media Literacy Education (NAMLE)<br />Action Coalition for Media Education (ACME)<br />National Council of Teachers Of English (NCTE)<br />Visual Studies Division<br />International Communication Association (ICA)<br />
  30. 30. 1201<br />ANTI-CIRCUMVENTION <br />RULEMAKING PROCESS<br />When encryption <br />interferes with fair use <br />Digital Millennium Copyright Act<br />DMCA 1201<br />A petition requesting an exemption for media literacy educators and their students<br />
  31. 31. ANTI-CIRCUMVENTION <br />RULEMAKING <br />Digital Millennium Copyright Act<br />
  32. 32. How do copyright and fair use apply to your work?<br />What are the implications of fair use for your students’ composition?<br />FOR REFLECTION<br />
  33. 33.
  34. 34. Video Case Studies <br />Elementary School Case Study:<br />P.S. 124, Brooklyn, NY<br />High School Case Study:<br />Upper Merion Area High School <br />King of Prussia, PA<br />College Case Study: <br />Project Look Sharp at Ithaca College<br />Ithaca, NY<br />
  35. 35. Schoolhouse Rock Style Music Videos<br />What’s Copyright?<br />Users’ Rights, Section 107<br />
  36. 36. Practicing the Fair Use Reasoning Process<br /><br />
  37. 37.<br />
  38. 38. Media Education Lab<br /><br />Contact: Professor Renee HobbsTemple University<br />School of Communication and TheaterMedia Education LabPhiladelphia, PAEmail: renee.hobbs@temple.eduPhone: 215 204-4291<br />