SlideShare a Scribd company logo
Remix Culture is our Culture
TURN AND TALK:
How are students in your school using
images, videos, music and other
copyrighted material in their own
creative work?
www.mediaeducationlab.com
Yes! You Can
Use Copyrighted
Materials for
Digital Literacy
Sandy Hayes Renee Hobbs Kristin Hokanson
Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com
@sjhayes8 @reneehobbs @khokanson
www.mediaeducationlab.com/copyright
PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Gain knowledge about U.S. copyright law as it relates to the
most common instructional practices in digital literacy
Appreciate the concept of transformative use and gain
confidence in making a fair use determination
Learn how to integrate fair use reasoning into student
media production activities
Increase your ability to advocate for the fair use of
copyrighted materials in digital literacy
Renee Hobbs
Sandy Hayes
Kristin Hokanson
Technology
makes it easy
to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute
Owners
forcefully assert
their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics
See no Evil Close the Door Hyper-Comply
How Teachers Cope
SOURCE: Hobbs, R. Jaszi, P. & Aufderheide, P. (2007). The cost of copyright confusion for media literacy education. Center for Social Media:
Washington, D.C.
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
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
Educational Use
Guidelines are
Not the Law
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 Guidelines
are NOT the Law!
It’s time to
replace old
knowledge
with
accurate
knowledge
What is the purpose of
To promote creativity,
innovation and the
spread of knowledge
Article 1 Section 8
U.S. Constitution
EVERYTHING
IS COPYRIGHTED
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.
Copyright law enables people to
control the creative works
they produce
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."
LOVE HATE
EVERYTHING
IS COPYRIGHTED
…BUT THERE ARE
EXEMPTIONS
The Doctrine of Fair Use
Copyright Act
of 1976
Section 107
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
Copyright Act
of 1976
Section 107
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
Bill Graham Archives vs. Dorling Kindersley,
Ltd. (2006)
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.
CREATIVE AUTHORS MUST ASK THREE
CRITICAL QUESTIONS TO MAKE
A FAIR USE DETERMINATION
1. Did my use of the work re-purpose or
transform the copyrighted material?
Did I add value?
1. Did I merely re-transmit the original
work? Could my work serve as a
substitute or replacement for the
original?
2. Did I use just the amount I needed in
order to accomplish my purpose?
Exercising Fair Use Reasoning
Involves Critical Thinking
Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching an online
graduate class demonstrates effective
storytime read-aloud practices by creating
an educational video that features a
teacher reading aloud from a picture book.
CASE 2. Someone creates a video of a
children’s picture book by combining
images from the picture book with audio
narration of the text.
CASE 3. Someone uses a variety of
different copyrighted images to create a
book trailer for a children’s picture book.
Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching an online
graduate class demonstrates effective
storytime read-aloud practices by creating
an educational video that features a
teacher reading aloud from a picture book.
Using Copyrighted Materials in Creative Work
.
CASE 2. Someone creates a video of a
children’s picture book by combining
images from the picture book with audio
narration of the text.
Using Copyrighted Materials in Creative Work
.
CASE 3. Someone uses a variety of
different copyrighted images to create a
book trailer for a children’s picture book.
PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Gain knowledge about U.S. copyright law as it relates to the
most common instructional practices in digital literacy
Appreciate the concept of transformative use and gain
confidence in making a fair use determination
Learn how to integrate fair use reasoning into student
media production activities
Increase your ability to advocate for the fair use of
copyrighted materials in digital literacy
Hannah & Michelle Model Image Critique
If it’s not transformative, it’s not fair use.
But you can always ask for permission.
from Nancy Sims, a lawyer and the Copyright Program Librarian
at the University of Minnesota Libraries
“Often, presenters consider their use of an image to
be fair use – and often they think that giving proper
credit is part of fair use. This is a misconception: no
URL, citation, or attribution is required under fair use
– and if the fair use is not fair, no URL, citation, or
attribution will make it so.”
. . . and remember:
“Images by Google” is not a source
Copyright Law Adapts
to Changes in Technology and Society
RIPPING DVDs is ILLEGAL
Digital
Millennium
Copyright Act
of 1998
Results of Our Advocacy
K-12 teachers may legally 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.
www.copyright.gov/1201
K-12 TEACHERS
LIBRARIANS &
EDUCATORS
WORKING IN
NON-PROFIT
ORGS
K-12 STUDENTS
Fair Use
is a User Right
Fair Use is Essential for Education in a Digital Age
PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Gain knowledge about U.S. copyright law as it relates to the
most common instructional practices in digital literacy
Appreciate the concept of transformative use and gain
confidence in making a fair use determination
Learn how to integrate fair use reasoning into student
media production activities
Increase your ability to advocate for the fair use of
copyrighted materials in digital literacy
Yes! You Can
Use Copyrighted
Materials for
Digital Literacy
Sandy Hayes Renee Hobbs Kristin Hokanson
Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com
@sjhayes8 @reneehobbs @khokanson
www.mediaeducationlab.com/copyright

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Yes! You Can Use Copyrighted Material for Digital Literacy

  • 1. Remix Culture is our Culture
  • 2. TURN AND TALK: How are students in your school using images, videos, music and other copyrighted material in their own creative work?
  • 4. Yes! You Can Use Copyrighted Materials for Digital Literacy Sandy Hayes Renee Hobbs Kristin Hokanson Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com @sjhayes8 @reneehobbs @khokanson www.mediaeducationlab.com/copyright
  • 5. PEER-TO-PEER FILE SHARING Goals for Today’s Session Gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy Appreciate the concept of transformative use and gain confidence in making a fair use determination Learn how to integrate fair use reasoning into student media production activities Increase your ability to advocate for the fair use of copyrighted materials in digital literacy
  • 9. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
  • 10. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics
  • 11. See no Evil Close the Door Hyper-Comply How Teachers Cope SOURCE: Hobbs, R. Jaszi, P. & Aufderheide, P. (2007). The cost of copyright confusion for media literacy education. Center for Social Media: Washington, D.C.
  • 12. 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
  • 13. 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 Educational Use Guidelines are Not the Law
  • 14. 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 Guidelines are NOT the Law!
  • 15. It’s time to replace old knowledge with accurate knowledge
  • 16. What is the purpose of
  • 17. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
  • 19. 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.
  • 20. Copyright law enables people to control the creative works they produce LOVE HATE
  • 21. 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." LOVE HATE
  • 23. The Doctrine of Fair Use Copyright Act of 1976 Section 107
  • 24. 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 Copyright Act of 1976 Section 107
  • 25. 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
  • 26. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
  • 27. 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.
  • 28. CREATIVE AUTHORS MUST ASK THREE CRITICAL QUESTIONS TO MAKE A FAIR USE DETERMINATION 1. Did my use of the work re-purpose or transform the copyrighted material? Did I add value? 1. Did I merely re-transmit the original work? Could my work serve as a substitute or replacement for the original? 2. Did I use just the amount I needed in order to accomplish my purpose? Exercising Fair Use Reasoning Involves Critical Thinking
  • 29. Using Copyrighted Materials in Creative Work . CASE 1. Someone teaching an online graduate class demonstrates effective storytime read-aloud practices by creating an educational video that features a teacher reading aloud from a picture book. CASE 2. Someone creates a video of a children’s picture book by combining images from the picture book with audio narration of the text. CASE 3. Someone uses a variety of different copyrighted images to create a book trailer for a children’s picture book.
  • 30. Using Copyrighted Materials in Creative Work . CASE 1. Someone teaching an online graduate class demonstrates effective storytime read-aloud practices by creating an educational video that features a teacher reading aloud from a picture book.
  • 31. Using Copyrighted Materials in Creative Work . CASE 2. Someone creates a video of a children’s picture book by combining images from the picture book with audio narration of the text.
  • 32. Using Copyrighted Materials in Creative Work . CASE 3. Someone uses a variety of different copyrighted images to create a book trailer for a children’s picture book.
  • 33.
  • 34. PEER-TO-PEER FILE SHARING Goals for Today’s Session Gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy Appreciate the concept of transformative use and gain confidence in making a fair use determination Learn how to integrate fair use reasoning into student media production activities Increase your ability to advocate for the fair use of copyrighted materials in digital literacy
  • 35.
  • 36.
  • 37.
  • 38. Hannah & Michelle Model Image Critique
  • 39. If it’s not transformative, it’s not fair use. But you can always ask for permission.
  • 40. from Nancy Sims, a lawyer and the Copyright Program Librarian at the University of Minnesota Libraries “Often, presenters consider their use of an image to be fair use – and often they think that giving proper credit is part of fair use. This is a misconception: no URL, citation, or attribution is required under fair use – and if the fair use is not fair, no URL, citation, or attribution will make it so.” . . . and remember: “Images by Google” is not a source
  • 41. Copyright Law Adapts to Changes in Technology and Society
  • 42. RIPPING DVDs is ILLEGAL Digital Millennium Copyright Act of 1998
  • 43.
  • 44. Results of Our Advocacy K-12 teachers may legally 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. www.copyright.gov/1201
  • 45. K-12 TEACHERS LIBRARIANS & EDUCATORS WORKING IN NON-PROFIT ORGS K-12 STUDENTS
  • 46.
  • 47. Fair Use is a User Right
  • 48. Fair Use is Essential for Education in a Digital Age
  • 49. PEER-TO-PEER FILE SHARING Goals for Today’s Session Gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy Appreciate the concept of transformative use and gain confidence in making a fair use determination Learn how to integrate fair use reasoning into student media production activities Increase your ability to advocate for the fair use of copyrighted materials in digital literacy
  • 50. Yes! You Can Use Copyrighted Materials for Digital Literacy Sandy Hayes Renee Hobbs Kristin Hokanson Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com @sjhayes8 @reneehobbs @khokanson www.mediaeducationlab.com/copyright

Editor's Notes

  1. Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress: “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
  2. Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
  3. Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
  4. handout
  5. City of Bones trailer
  6. City of Bones fair use planning sheet
  7. Fair use reasoning
  8. Ask permission
  9. attribution