The Road to Copyright Clarity

A Webinar Series with
Renee Hobbs
In partnership with the Northeast
Ohio Regional Library System and
the Media Education Lab
THE ROAD
TO COPYRIGHT
CLARITY
We will be starting the webinar today at 2 pm EST

www.mediaeducationlab.com

• What city
and state
are you in
right now?
• How are
copyrighted
materials
used in your
workplace?
• What do
you hope to
learn today?

How Literacy
is Expanding
in a Digital
Age
SKILLS & ABILITIES
➢ Computer Use and Knowledge
➢ ICT & Digital Skills
LITERACY
➢ Online Reading & New Literacies
➢ Media Production & Composition
➢ Coding & Programming
TEACHING WITH
➢ Technology Integration
➢ Digital Learning
➢ Connected Learning
➢ Online Learning
TEACHING ABOUT
➢ Information Literacy
➢ Media Literacy
➢ Digital Citizenship

Questions Guide Our Learning
1. How do people use copyrighted works for
learning?
2. What myths and misinformation can interfere
with understanding copyright law?
3. What is the purpose of copyright?
4. How does copyright protect both owners and
users?
5. What is the doctrine of fair use?
6. What questions help people engage in the fair
use reasoning process?
7. Why is an understanding of copyright essential
for everyone today?

Creative communities
clarify the scope of their
rights and responsibilities
under copyright
• Code of Best Practices in Fair Use for Software Preservation
(2018)
• Code of Best Practices in Fair Use for the Visual Arts (2015)
• Code of Best Practices in Fair Use for Academic and
Research Libraries (2014)
• Set of Principles for Fair Use in Journalism (2013)
• Code of Best Practices in Fair Use for Online Video (2008)
• Code of Best Practices for Fair Use in Poetry (2011)
• Code of Best Practices in Fair Use for Media Literacy
Education (2006)
• Documentary Filmmakers Statement of Best Practices in
Fair Use (2005)

2006
Supported by a grant from the John D.
and Catherine T. MacArthur Foundation
The National Council of
Teachers of English
(NCTE) has adopted the
Code as its official policy
on fair use

It’s time to
replace old
knowledge
Hosing Out
Myths
and
Misinformation

See no Evil Close the Door Hyper-Comply
How People Cope with Copyright

1. If it’s on the Internet, I can
copy and use it.
2. As long as I cite my source, I
can use it.
3. If I’m not making money off
it, I can use it.
4. Copyright is all about
protecting the rights of
owners.
5. Copyright is too complicated
for me – it’s best left to
lawyers & administrators.
6. Fair use only applies to
critiques and parodies.
SOME
MYTHS
&
MISINFORMATION

CONSEQUENCES of
COPYRIGHT CONFUSION
1. Less effective instructional
strategies & materials
2. Distribution hurdles in
sharing creative work
3. Misinformation
perpetuated to the next
generation
4. Less creativity

NEGOTIATED AGREEMENTS BETWEEN MEDIA
COMPANIES AND EDUCATIONAL GROUPS
Problem:
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!

Educational Use
Guidelines are
Not the Law
@khokanson

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!

ProblemPeople Confuse Plagiarism and Copyright

COPYRIGHT INFRINGEMENT
A legal violation of the rights of authors,
who can control access to their creative
work
ATTTRIBUTION
Citing Your Sources
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
LAWSUIT, FINES & OTHER
PENALTIES
PLAGIARISM
Using other people’s creative
work by passing it off as your
own

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

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).
ACTIVITY
Read, then compose a
summary, paraphrase &
direct quotation

What is the purpose ofWhat is the purpose of

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

Defining the Public Domain
Wikipedia

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

Creative Control
The Copyright Act of 1976 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

Copyright Offers
Strong Protection to
Owners

Owners May Control Copyright
through the Licensing Process

Licensing Services for
Entertainment Use of Media In Schools

EVERYTHING
IS COPYRIGHTED
..but there are
exceptions

FOR EVERYONE:
Section 107 – Fair Use
FOR LIBRARIANS:
Section 108 – Libraries
FOR EDUCATORS:
Section 110(A) – Classroom Exemption
Section 110(B) - TEACH Act

SECTION 108
Video Trust
Digitizing video in obsolete
formats: Libraries share
responsibilities for due
diligence searching,
digitization, and creation of
metadata, building a database
of video files for long-term
preservation.

Center for the Study of the Public Domain
Duke University Law School
SECTION 108

Section 108(h) of the Copyright Act of 1976 allows libraries to scan and make
available materials published 1923 to 1941 if they are not being actively sold.

SECTION 110A
Copyright Act of
1976
…enables the
performance or display
of a lawfully-acquired
work by instructors or
pupils in the course of
face-to-face teaching
activities of a nonprofit
educational institution,
in a classroom or similar
place devoted to
instruction.

The Doctrine of Fair Use
For purposes such as
criticism, comment,
news reporting, teaching (including multiple
copies for classroom use),
scholarship or research
SECTION 107
Copyright Act of 1976

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

Using Copyrighted Material:
Four Choices for the Creative Individual
Ask Permission
PAY A LICENSE FEE
CLAIM AN EXEMPTION
Use it Without
Permission or Payment
DON’T USE IT
Use PUBLIC DOMAIN,
ROYALTY-FREE or
CREATIVE COMMONS
LICENSED CONTENT
1 3
2 4

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.

Copyright Offers
Strong Protection to
BOTH
Owners & Users

Exercising Your
Fair Use
Reasoning
Involves
Critical Thinking

1. Did your use of the
work re-purpose or
transform the
copyrighted material?
2. Does your use merely
re-transmit the original
work? Could your work
serve as a substitute or
replacement for the
original?
3. Did you use only the
amount needed to
accomplish your
purpose?
Critical Questions for
Making a Fair Use
Determination

Copying to avoid making a purchase
Copying to merely exploit the popularity of
another’s work
Copies that become substitutes or
replacements for the original

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?

Learners Rely on Fair Use for
Media Projects

TRANSFORMATIVENESS
Implications for Education
Implications for Creativity
Implications for Culture

Keep Learning
Tuesday, March 17
1 – 2 PM EST

The Road to Copyright Clarity

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