Hobbs provides a brief introduction to understand how copyright and fair use applies to digital learning

1. Copyright Clarity
Renee Hobbs
Harrington School of
Communication and Media
University of Rhode Island

2. Texts Used in Teaching and Learning

3. Texts Used Teaching and Learning

4. Texts Used in Teaching and Learning
moving-image

5. Texts Used in Teaching and Learning

6. Texts Used in Teaching and Learning

7. One Law Protects them All

8. PEER-TO-PEER FILE SHARING
Why creative people value copyright law
When you (and your students) can use copyrighted materials
without payment or permission under some circumstances
When you (and your students) should ask permission or
pay a license fee to use copyrighted materials
How codes of best practice help people become more
confident in understanding and using the doctrine of fair use
How the law adapts to changes in society and changes in
technology
Goals for Today’s Session

9. Supported with a
grant from the John
D. and Catherine T.
MacArthur
Foundation

10. Technology
makes it easy
to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute

11. Owners
forcefully assert
their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics

12. See no Evil Close the Door Hyper-Comply
How Faculty Cope

13. NEGOTIATED AGREEMENTS BETWEEN MEDIA
COMPANIES AND EDUCATIONAL GROUPS
Problem 1:
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 Confusing!

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. Problem 2:
People Confuse Plagiarism and Copyright

16. 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

17. 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

18. When & How to Cite Your Sources:
Teaching Attribution
 Academic Writing
 Video PSAs
 Poetry
 Informal Writing
 Documentary Film
 Journalism
 Websites
NORMS OF THE
GENRE
HOW TO USE
SOURCES
 Summarizing
 Paraphrasing
 Direct Quotation

19. APA CITATION: Caramanica, J.
(2010). At 40, Circling Back to
Teenage Life. New York Times,
August 27.
SUMMARY: The producer of 16 and
Pregnant has had a turbulent career after
having a successful early start in
Hollywood followed by a string of failures
and personal problems. Now that “16 and
Pregnant” is a hit, he has a mission to tell
the complex life stories of teenagers who
are struggling with life challenges
(Caramanica, 2010).
PARAPHRASE: More than 2.4 million
viewers watch “16 and Pregnant” each
week (Caramanica, 2010).
DIRECT QUOTATION: Morgan J.
Freeman has helped “reposition MTV’s
reality slate from tracking the lives of the
young, beautiful and rich to capturing the
lives of the young, beautiful and resilient”
(Caramanica, 2010, p. D1).

20. What is the purpose of

21. To promote creativity,
innovation and the
spread of knowledge

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

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

24. EVERYTHING
IS COPYRIGHTED
Any work of
expression in
fixed or tangible
form

25. 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.

26. Owners May Control Copyright
through the Licensing Process

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

28. VViolating 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

29. EVERYTHING
IS COPYRIGHTED
..but there are
exemptions

30. --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

31. 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

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

34. 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.

35. Is Your Use of Copyrighted Materials a Fair Use?
1. 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?
2. Was the material taken appropriate in kind and amount,
considering the nature of the copyrighted work and of the
use?

36. Is Your Use of Copyrighted Materials a Fair Use?
1. 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?
2. Was the material taken appropriate in kind and amount,
considering the nature of the copyrighted work and of the
use?
LINK

37. LINK

39. 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.

40. Use of Copyrighted Materials in Creative Work
. CASE 1. A student mixes
excerpts of a classic speech
with a song in order to
promote new meanings and
interpretations.
CASE 2. A student uses a
copyrighted song in a video
to demonstrate
understanding of rhetorical
and literary techniques.
LINK LINK

41. 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.

42. Sharing Creative Work Online
.
CASE 1. Students and
faculty make a “lip dub” video
and share it on YouTube.
LINK

43. Transformative Use is Fair Use

44. Exercising Fair Use
Involves
Critical Thinking
Transformative Use is Fair Use

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

46. 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

47. Codes of Best Practices Support
Academic & Creative Communities

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

49. SHARE THE GOOD NEWS!

51. Wikispaces Online Community

52. Copyright? What’s
Copyright?
Music Videos
Users’ Rights, Section 107

53. www.mediaeducationlab.com
CONTACT:
Renee Hobbs
Founding Director
Harrington School of Communication and Media
University of Rhode Island
Email: hobbs@uri.edu