Transcript
Copyright Clarity...
Fair Use for Digital learning
Kristin Hokanson
★ Gain knowledge about 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
Goals
ways that students use copyrighted
materials in their creative & academic
work
Illustration Digital Storytelling
Critical Analysis Remix
What makes these effective learning experiences for students?
Technology makes it easy to:
ü Use and shareü Copy ü Modify & Repurposeü Excerpt & Quote Fromü Distribute
Owners forcefully assert their rights
to:
ü Restrictü Limitü Charge high feesü Discourage useü Use scare tactics
See no Evil Close the Door Hyper-Comply
How do Teachers Cope?
Image: 'fuzzy copyright'www.flickr.com/photos/58764797@N00/1384247192
It’s time to replace old knowledge
withaccurate knowledge
To promote creativity, innovation and the spread of knowledge
Article 1 Section 8U.S. Constitution, 1787
EVERYTHING IS COPYRIGHTED
Crea%ve ControlThe 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.
The ResultCopyright Confusion
OWNERS USERS
Copyright Law Balances Rights of Owners and Users
EVERYTHING IS COPYRIGHTED
…BUT THERE ARE EXEMPTIONS
--Section 107 Copyright Act of 1976
The Doctrine of Fair Use
--Section 107 Copyright Act of 1976
The Doctrine of Fair Use
For purposes such as cri%cism, comment,
news repor%ng, teaching
--Section 107 Copyright Act of 1976
The Doctrine of Fair Use
Fair use of copyrighted materials is allowed when the benefits to society
outweigh the private costs to the copyright holder
Fair use prevents copyright law from becoming
a form of private censorship
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
The effective use of copyrighted materials enhances the teaching
and learning process.
Context & Situation
Is this Use of 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?
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
Educational Fair Use Guidelines
The effective use of copyrighted materials enhances the teaching
and learning process.
Does following “rules” for Educational Guidelines
require students to thinkcritically about the
Copyrighted materials they are using?
Does following “rules” for Educational Guidelines
require students to thinkcritically about the
Copyrighted materials they are using?
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
Does requiring students to useONLY Creative Commons content
require students to thinkcritically about the
Copyrighted materials they are using?
Does requiring students to useONLY Creative Commons content
require students to thinkcritically about the
Copyrighted materials they are using?
Codes of Best Practices
http://mediaeducationlab.com/video-overview
Context & Situation
A team 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.
Fair Use Reasoning tells me...
•Claim Fair Use
•Ask permission
• Buy a License
•Use another Copyright Friendly source
Context & Situation
A team 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.
Discuss
Practice exercising yourFair 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?
Fair Use Reasoning tells me...
•Claim Fair Use
•Ask permission
• Buy a License
•Use another Copyright Friendly source
Teach kids to reasonhttp://copyrightconfusion.wikispaces.com
Other Resourceshttp://mediaeducationlab.com
Other Examples?
Elementary School Case Study: P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NY
Video Case Studies
High School Case Study: Upper Merion Area High School King of Prussia, PA
College Case Study: Project Look Sharp at Ithaca CollegeIthaca, NY
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But what if....
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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
Digital Millennium Copyright Act of 1998
The Results of our 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.
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
Digital Millennium Copyright Act of 1998
Join our Online Communityhttp://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 storiesKristin Hokanson
kristin.hokanson@gmail.comhttp://khokanson.net
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