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A presentation about…
 Fair use is the “belief that the public is
entitled to freely use portions of copyrighted
materials for purposes of commentary and
criticism.”
 “If it’s not a fair use, then you are infringing
upon the rights of the copyright owner and
may be liable for damages.”
The four factors that judges consider are:
 the purpose and character of your use
 the nature of the copyrighted work
 the amount and substantiality of the portion
taken, and
 the effect of the use upon the potential
market
Videos forViewing purposes:
 Videotapes (purchased/rented)
 DVDs (purchased/rented)
 Laserdiscs
 Video Streams from the Internet without a
password/subscription
 Video Streams from the Internet with a
password/subscription
 Criticism
 Comment
 Teaching
 Scholarship
 Research
 Is the content appropriate?
 Is it being used instructionally?
 Do you know how to cite it properly?
When you cannot get permission from the
copyright holder, you may follow this
guideline:
 use 10% of the video or three minutes, which
ever is less
 Did you acquire this video legally?
 Are you and your students the only ones
viewing this material?
 Do you plan on reposting this anywhere?
 Are you eventually going to take it down or
end the showing?
 Could this be a material that would normally
be purchased by your student?
 Are you in a non-profit school?
Mrs. Stephens is showing her students a video
from brainpop.com on Martin Luther King Jr.
to educate them about his life. She uses her
schools current login/password combination
to access the video.
Fair use or not?
 Mrs. Stephens acquired the video legally.
 The video is for an educational purpose.
 It is appropriate content for her students that
is related to the standards.
 The market profited from the purchase of a
class/school subscription to brainpop.com.
 Other thoughts?
Mr. Jenkins is showing his students in his
classroom the PBS kids show “Arthur” to
keep them quiet during dismissal. He takes
his time to check agendas and ask
comprehension questions as the student
leave the room.
Fair use or not?
 Mr. Jenkins is using a public service, but is not
using it to educate.
 Entertainment does not equal appropriate!
 The teacher is not using the video to teach.
 The students are not watching the video to
specifically address learning objectives.
 The students are not critiquing or researching
with sole assistance of the video.
 Additional thoughts?
Mrs.Watkins and her students record a section of
a purchased DVD and combine it with a clip of a
purchasedVHS onto their class computer. Next,
the students search for video clips from
youtube.com that also correlate to the other
clips. Once the students have finished editing
the new video, the students all sit down in class
to view their final production, but it will not
being going into their student portfolios.
Fair use or not?
 Why is this example “close” to using videos to
educate fairly?
Because the students are not publishing this
newly “created” video in their portfolios, the
educational value is questionable.The
limitations of the copyright permissions from
the numerous sources becomes more
important than the students’ end product.
 Brain Pop. (n.d.). Brain Pop. Retrieved February/March, 2012, from http://www.brainpop.com/
 Public Broadcasting System Social Blog. (2012, January 17). Copyright for educators. In Copyright
for Educators (videos) [StreamingVideos]. Retrieved February/March, 2012, from PBS website:
http://www.pbssocal.org/blog/?p=3076
 Stanford University. (2010). Chapter 9 Fair Use. In Stanford Copyright & Fair Use- Fair Use [Online
Library]. Retrieved February/March, 2012, from Stanford University Libraries and Academic
Information Resources, Justia, NOLO, LibraryLaw.com & Onecle
website:http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
 Technology & Learning www.techlearning.com. (1976). Copyright and Fair Use Guidelines for
Teachers [fact sheet pdf]. Retrieved February/March, 2012, fromTechnology & Learning
website:http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyrigh
t_chart.pdf
 YouTube [online video library]. (n.d.). Retrieved February/March, 2012, fromYouTube database.

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21 surrency-copyrightpresentation

  • 2.
  • 3.  Fair use is the “belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.”  “If it’s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.”
  • 4. The four factors that judges consider are:  the purpose and character of your use  the nature of the copyrighted work  the amount and substantiality of the portion taken, and  the effect of the use upon the potential market
  • 5. Videos forViewing purposes:  Videotapes (purchased/rented)  DVDs (purchased/rented)  Laserdiscs  Video Streams from the Internet without a password/subscription  Video Streams from the Internet with a password/subscription
  • 6.  Criticism  Comment  Teaching  Scholarship  Research
  • 7.  Is the content appropriate?  Is it being used instructionally?  Do you know how to cite it properly? When you cannot get permission from the copyright holder, you may follow this guideline:  use 10% of the video or three minutes, which ever is less
  • 8.  Did you acquire this video legally?  Are you and your students the only ones viewing this material?  Do you plan on reposting this anywhere?  Are you eventually going to take it down or end the showing?  Could this be a material that would normally be purchased by your student?  Are you in a non-profit school?
  • 9. Mrs. Stephens is showing her students a video from brainpop.com on Martin Luther King Jr. to educate them about his life. She uses her schools current login/password combination to access the video. Fair use or not?
  • 10.  Mrs. Stephens acquired the video legally.  The video is for an educational purpose.  It is appropriate content for her students that is related to the standards.  The market profited from the purchase of a class/school subscription to brainpop.com.  Other thoughts?
  • 11. Mr. Jenkins is showing his students in his classroom the PBS kids show “Arthur” to keep them quiet during dismissal. He takes his time to check agendas and ask comprehension questions as the student leave the room. Fair use or not?
  • 12.  Mr. Jenkins is using a public service, but is not using it to educate.  Entertainment does not equal appropriate!  The teacher is not using the video to teach.  The students are not watching the video to specifically address learning objectives.  The students are not critiquing or researching with sole assistance of the video.  Additional thoughts?
  • 13. Mrs.Watkins and her students record a section of a purchased DVD and combine it with a clip of a purchasedVHS onto their class computer. Next, the students search for video clips from youtube.com that also correlate to the other clips. Once the students have finished editing the new video, the students all sit down in class to view their final production, but it will not being going into their student portfolios. Fair use or not?
  • 14.  Why is this example “close” to using videos to educate fairly? Because the students are not publishing this newly “created” video in their portfolios, the educational value is questionable.The limitations of the copyright permissions from the numerous sources becomes more important than the students’ end product.
  • 15.  Brain Pop. (n.d.). Brain Pop. Retrieved February/March, 2012, from http://www.brainpop.com/  Public Broadcasting System Social Blog. (2012, January 17). Copyright for educators. In Copyright for Educators (videos) [StreamingVideos]. Retrieved February/March, 2012, from PBS website: http://www.pbssocal.org/blog/?p=3076  Stanford University. (2010). Chapter 9 Fair Use. In Stanford Copyright & Fair Use- Fair Use [Online Library]. Retrieved February/March, 2012, from Stanford University Libraries and Academic Information Resources, Justia, NOLO, LibraryLaw.com & Onecle website:http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html  Technology & Learning www.techlearning.com. (1976). Copyright and Fair Use Guidelines for Teachers [fact sheet pdf]. Retrieved February/March, 2012, fromTechnology & Learning website:http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyrigh t_chart.pdf  YouTube [online video library]. (n.d.). Retrieved February/March, 2012, fromYouTube database.

Editor's Notes

  1. Teachers need to make sure that all videos shown are for an educational purpose. Videos specifically mentioned in copyrighted works are videos, discs, or DVDs, that have been rented or purchased.
  2. As long as you are using educational videos in a face to face environment for the video viewing to have your students critique, comment, peer review, or use for researching purposes, the use falls under the appropriate nature of copyrighted work. Videos are not for entertainment or rewards even when in a school environment.
  3. Teachers and students can use digital media without permission in projects, but there are limitations to this rule.