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Copyright Clarity #NYSCATE11
The document discusses fair use and copyright in the context of digital learning. It outlines goals of gaining knowledge about how copyright and fair use apply, developing confidence sharing information with colleagues, and recognizing how media literacy depends on copyrighted materials. It provides examples of how students use copyrighted materials creatively and academically through activities like digital storytelling and remixing. While technology makes it easy to use and share such content, copyright owners assert their rights in ways that can discourage use. The document advocates replacing outdated copyright knowledge with an accurate understanding of fair use and exemptions, and balancing the rights of owners and users.
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Copyright Clarity #NYSCATE11
- 1. Copyright Clarity... Fair Use for Digital learning Kristin Hokanson
- 2. Goals ★ Gain knowledgeabout how copyright and fair use apply to digital learning. ★ Develop confidence in sharing information and ideas about copyright/fair use with colleagues. ★ Recognize how media literacy pedagogy depends on the use of copyrighted materials from mass media and popular culture ★ Identify resources for teaching about copyright and fair use that are effective with students and colleagues
- 5. ways that students use copyrighted materials in their creative & academic work
- 6. Illustration Digital Storytelling Critical Analysis Remix What makes these effective learning experiences for students?
- 7. Technology makes it easy to: ü Use and share ü Copy ü Modify & Repurpose ü Excerpt & Quote From ü Distribute
- 8. Owners forcefully assert their rights to: ü Restrict ü Limit ü Charge high fees ü Discourage use ü Use scare tactics
- 9. How do TeachersCope? See no Evil Close the Door Hyper-Comply
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- 12. It’s time to replaceold knowledge with accurate knowledge
- 13. To promote creativity, innovationand the spread of knowledge Article 1 Section 8 U.S. Constitution, 1787
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- 15. Crea%ve 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.
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- 17. Copyright Law BalancesRights of Owners and Users OWNERS USERS
- 18. EVERYTHING IS COPYRIGHTED …BUT THERE ARE EXEMPTIONS
- 19. The Doctrine ofFair Use --Section 107 Copyright Act of 1976
- 20. The Doctrine of Fair Use For purposes such as cri%cism, comment, news repor%ng, teaching --Section 107 Copyright Act of 1976
- 21. The Doctrine ofFair Use Fair use of copyrighted materials is Fair use prevents allowed when the benefits to society copyright law from becoming outweigh the private costs a form of to the copyright holder private censorship --Section 107 Copyright Act of 1976
- 22. 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
- 23. The effective useof copyrighted materials enhances the teaching and learning process.
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- 26. Is this Useof Copyrighted Materials a Fair Use? •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? •Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
- 27. Bill Graham Archivesvs. Dorling Kindersley, Ltd. (2006)
- 28. An Example ofTransformative 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
- 29. Educational Fair UseGuidelines
- 34. The effective useof copyrighted materials enhances the teaching and learning process.
- 35. Does following “rules”for Educational Guidelines require students to think critically about the Copyrighted materials they are using?
- 36. Does following “rules”for Educational Guidelines require students to think critically about the Copyrighted materials they are using?
- 38. Excerpts from: http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html http://www.youtube.com/watch?v=TPAO-lZ4_hU An anthropological introduction to YouTube
- 39. Does requiring studentsto use ONLY Creative Commons content require students to think critically about the Copyrighted materials they are using?
- 40. Does requiring studentsto use ONLY Creative Commons content require students to think critically about the Copyrighted materials they are using?
- 41. Codes of BestPractices
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- 44. Context & Situation Ateam of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium.
- 45. Fair Use Reasoningtells me... • Claim Fair Use • Ask permission • Buy a License • Use another Copyright Friendly source
- 46. Context & Situation Ateam of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium.
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- 48. Practice exercising your Fair Use Muscles... •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? •Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
- 49. Fair Use Reasoningtells me... • Claim Fair Use • Ask permission • Buy a License • Use another Copyright Friendly source
- 50. Teach kids toreason http://copyrightconfusion.wikispaces.com
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- 55. Video Case Studies Elementary School Case Study: P.S. 124 The Silas B. Dutcher School Brooklyn, NY High School Case Study: Upper Merion Area High School King of Prussia, PA College Case Study: Project Look Sharp at Ithaca College Ithaca, NY
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- 76. Digital Millennium Copyright Act of 1998 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) soBware 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 no%fied by copyright holder; offers a counter-‐no%fica%on provision if use is exempted under fair use
- 78. The Results ofour 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.
- 79. Digital Millennium Copyright Act of 1998 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) soBware 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 no%fied by copyright holder; offers a counter-‐no%fica%on provision if use is exempted under fair use
- 81. Join our OnlineCommunity http://copyrightconfusion.wikispaces.com visit the Media Education Lab for teaching resources & to download The Code of Best Practices http://mediaeducationlab.com/copyright CONTACT ME- with your stories Kristin Hokanson kristin.hokanson@gmail.com http://khokanson.net