This document provides an overview of copyright and fair use pedagogy. It discusses key concepts around copyright including what copyright is, exercising fair use reasoning, and sharing creative works online. It also examines copyright curriculum and how fair use is described. Additional sections cover copyright cases, the legal process for infringement claims, librarians and copyright, supporting fair use through codes of best practices, and how copyright law has adapted over time.

1. Copyright Clarity:
Pedagogy of Teaching
Copyright and Fair Use
Renee Hobbs
Harrington School of Communication and Media
University of Rhode Island USA

2. Synthesis & Reflection with Flipgrid

3. New questions emerge

4. What’s Copyright?

5. Video Annotation Builds
Critical Thinking Skills
https://ant.umn.edu/jgpaobsgnl/annotate

6. Exercising Fair Use
Reasoning
Involves
Critical Thinking
Transformative Use is Fair Use

7. 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.

8. Using Copyrighted Materials in Creative Work
. CASE 3. Someone uses an
image of John Lennon in a
class assignment when
discussing how musicians
share their political beliefs
with their fans.
CASE 4. Someone uses an
image of John Lennon on the
cover of the high school
literary magazine.

9. People need to ask
permission and pay a
license fee when
using copyrighted
materials for
promotional or
marketing purposes

10. Copyright and Fair Use in the Elementary Grades

11. • Moore, D.C. & Landis, J. (2018). "I Got it from Google": Re-contextualizing Authorship to Strengthen Fair Use Reasoning in the Elementary
Grades. In R. Hobbs (Ed.), The Routledge Companion on Media Education, Copyright and Fair Use. New York: Routledge.

12. Digital Collage Log

13. Online image tools decontextualize visual information and tend to obscure authorship. Young
children can learn to:
• Recognize the author
• Infer the author’s purpose
• Describe their own purpose in using visual images for school work
• Determine a set of ethical guidelines of “what's OK” and “what's not OK” when using the
copyrighted work of others.

14. Learners create a slide show with examples of the animals that can
be found in a particular geographic region.

15. Author Study:
Mo Willems
Students learn about the job of an
author
• Read several books by the
author
• Identify the characteristics that
make Willems’s work unique
Explore Willems’s style by
imitating it
• write sentences which imitate
his writing style
• use paint and art materials to
carefully recreate his pigeon
illustrations
.

16. Life of a
Homeless
Person
Students learn about the
experience of being homeless.
• Read books about
homelessness
• Interview a local advocate for
the homeless
• Gather information using print,
video and online sources
• Create a collaborative comic
book to represent their
learning
• Compose text and drawings
• Select copyrighted images
• Design using digital tools

18. Copyright Curriculum Has a Point of View

19. Copyright Curriculum Has a Point of View

20. ACTIVITY
Review examples of copyright curriculum and notice
how fair use is described.

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

22. 1. Cease-and-desist letter
2. Copyright holder decides
whether to pursue legal
action
3. File a lawsuit
4. Defense builds 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.
COPYRIGHT INFRINGEMENT CASE:
THE LEGAL PROCESS STEP-BY-STEP

23. Who Are the Copyright Police?

24. Copyright owners
are responsible for
detecting possible
infringement of
their creative work

25. Stage a Debate
ACTIVITY: Should school librarians and/or
educational technology staff serve as “copyright
police” for a school community? Why or why
not?

26. Communities of Practice Assert
Their Fair Use Rights

27. Codes of Best Practices Support
Academic & Creative Communities

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

29. 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

30. 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)

32. 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

33. 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

36. The Results of our Advocacy
K-12 teachers 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.

37. Copyright Law Adapts
to Changes in Technology and Society

38. Three Visions of Copyright
Flexible Licensing
Schemes:
Some Rights Reserved
Creative Communities
Develop Codes of Best
Practices for Fair Use
Open Source Business
Models Make
Copyright Obsolete

39. SHARE THE GOOD NEWS!

40. WHAT THE FUTURE HOLDS

42. www.mediaeducationlab.com
CONTACT:
Renee Hobbs
Professor
Harrington School of Communication and Media
University of Rhode Island
Email: hobbs@uri.edu
TWITTER: @reneehobbs

43. Copyright Laws are Not International
Berne Convention of 1886
WIPO Copyright Treaty of 1996
Copyright Act of 1976
Digital Millennium Copyright Act
of 1998
EU: MORAL RIGHTS OF THE AUTHOR