This document summarizes a presentation about copyright, fair use, and digital learning. It discusses how copyright applies to student work, examples of fair use like illustration and remixing, and challenges with educational fair use guidelines. It also addresses attribution versus plagiarism, how to determine fair use, licensing schemes, the legal process around copyright infringement, and challenges with the Digital Millennium Copyright Act. The presentation argues that copyright law and fair use are important for promoting creativity and innovation while allowing certain educational exemptions.

1. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Why Copyright Matters for Digital Learning Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

2. http://copyrightconfusion.wikispaces.com

3. When students use COPYRIGHTED MATERIALS in THEIR ACADEMIC WORK Illustration Digital Storytelling Critical Analysis Remix

4. http://youthvoices.net

6. ILLUSTRATION Develop a piece of writing Create or select a relevant image to accompany it Use principles of graphic design to create a pleasing composition that includes a headline, text and image Share with others and get feedback Revise and publish

7. ILLUSTRATION Develop a piece of writing Create or select a relevant image to accompany it Use principles of graphic design to create a pleasing composition that includes a headline, text and image Share with others and get feedback Revise and publish What makes this an effective learning experience for students

9. 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 DIGITAL STORYTELLING

11. CRITICAL ANALYSIS Select an image and actively interpret it, often within a small group experience where diverse interpretations are valued Use the writing process to develop an argument Gather information from a variety of sources to develop ideas Combine text and images Present or publish

12. Remix Culture is our Culture

13. REMIX Find a piece of meaningful media Develop a thesis statement, argument or main idea Use editing, voiceover, manipulation or other types of juxtaposition to reframe the original media text to create new meaning Share with others and get feedback Revise and publish What makes this an effective learning experience for students

14. What are some other examples of how and why students may use copyrighted materials in their academic work?

15. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Hosing Out Myths and Misinformation Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

17. Copy

18. Modify & Repurpose

19. Excerpt & Quote From

21. Limit

22. Charge high fees

23. Discourage use

25. Problem: Educational Use Guidelines are Confusing! NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS 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

26. 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 Guidelinesare NOT the Law!

27. It’s time to replace old knowledge with accurate knowledge

28. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Distinguishing between Attribution, Plagiarism and Copyright Violation Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

29. 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

30. 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

31. 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

33. Video PSAs

34. Poetry

35. Informal Writing

36. Documentary Film

37. Journalism

38. Websites

39. Summarizing

40. Paraphrasing

42. Video PSAs

43. Poetry

44. Informal Writing

45. Documentary Film

46. Journalism

47. Websites

48. Summarizing

49. Paraphrasing

51. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Exploring the Purpose of Copyright Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

52. What is the purpose of

53. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution

54. EVERYTHING IS COPYRIGHTED

55. 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.

56. LOVE HATE Copyright law enables people to control the creative works they produce

57. LOVE HATE 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."

58. EVERYTHING IS COPYRIGHTED …BUT THERE ARE EXEMPTIONS

59. --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

60. 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

62. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Making a Fair Use Determination Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

63. 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

65. 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

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

67. 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.

68. Fair Use Music Video

69. 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.

70. 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.

71. Exercising Your Fair Use ReasoningInvolves Critical Thinking

72. 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

73. Five Principles Code of Best Practices in Fair Use Educators can: make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use create curriculum materials and scholarship with copyrighted materials embedded share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: use copyrighted works in creating new material distribute their works digitally if they meet the transformativeness standard

74. Organizations Supporting the Code of Best Practices Association of College and Research Libraries (ACRL) National Association for Media Literacy Education (NAMLE) Action Coalition for Media Education (ACME) National Council of Teachers Of English (NCTE) Visual Studies Division International Communication Association (ICA)

75. 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

76. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Understanding Licensing Schemes Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

77. PAY A LICENSE FEE Ask Permission CLAIM FAIR USE Just Use it SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT DON’T USE IT USING COPYRIGHTED MATERIAL CHOICES FOR THE CREATIVE INDIVIDUAL

78. People need to ask permission & pay a license fee when using copyrighted materials for promotional or advertising purposes

79. Owners Control Copyright through the Licensing Process

82. Licensing and Permissions

83. BE AWARE: Licensing Trumps Fair Use

85. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Legal Process: How the Law Actually Works Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

86. Cease and desist letter Decide whether to pursue legal action File a lawsuit Build a case using evidence and reasoning Judicial decision

87. Cease and desist letter Decide whether to pursue legal action File a lawsuit Build a case using evidence and reasoning 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.

88. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning Understanding and Challenging DMCA Takedowns Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

89. Digital Millennium Copyright Act of 1998 RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 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

90. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning The Politics of Intellectual Property Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

91. Teaching Strategies that Work: Copyright, Fair Use and Digital Learning The Future of Copyright Renee Hobbs Workshop for the Association of College and Research Libraries April 7, 2011 Philadelphia

92. Remix Culture is our Culture

93. Copyright Law Adapts to Changes in Technology and Society

94. Digital Millennium Copyright Act of 1998 RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 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

96. 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.

97. Copyright: Teaching Strategies that Work Renee Hobbs Temple University School of Communications and Theater Media Education Lab Philadelphia PA Email: renee.hobbs@temple.edu Web: http://mediaeducationlab.com Twitter: reneehobbs