Alford Copyright Presentation

Fair Use in the Social Studies Classroom

Fair Use in the Social Studies ClassroomA presentation by Kali Alford{

the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.What is Fair Use?

Common core strongly suggests that Social Studies teachers include primary sources in their instruction to help students achieve the CCSS. Given that the Social Studies includes a wide assortment of courses, these primary sources could take various forms; including but not limited to photographs, newspapers, music, survey data, etc. This make the terrain for using copyright protected material difficult.What does this mean for the Social Studies Classroom?

This is where Fair Use comes in. According to Fair Use, there are certain uses of copyrighted material that are not considered illegal if those uses are conducted without the owners consents. This has far reaching implications for the Social Studies classroom considering types of primary sources that can be utilized with instruction.What does this mean for the Social Studies Classroom?

To explain the ways in which Fair Use can aid Social Studies classrooms in using primary sources that may be copyrighted, we will examine Fair Use through appropriate use of the following primary sources:-Using a video clip-Using an excerpt from a novel-Using a song or musicThe Implications

When using a video clip it is best to ask two questions before deciding whether of not it fits fair use. Why am I using this video? and How am I using this video? Typically by answering this two questions teachers can avoid conflicts with Fair Use

A Video

Why am I using this video?Typically if the video is being used for entertainment purposes it very narrowly fit the definition of Fair Use if at all. However, if the video is being used for instructional purposes it typically fits the definition more easily. A Video (cont)

How am I using this video?The Fair Use Act makes a clear distinction that the use of the material must be transformative in nature. This simply means that either the material itself or the purpose of it being offered has changed in some fashion. Typically, this falls into one of two categories commentary/criticism or parody. If the video is being shown in its entirety and unaltered this typically means that you are showing it for purposes of offering a commentary for your students on a certain topic, or to critique information that is being offered. It the video has been altered that typically means you are using it as a means of parody

A Video (cont)

When seeking to quote a portion of a novel or other published text, a teacher should adhere to the following conditions:

It is used for purposes of criticism of, or commentary on the quoted text

The quotation is used for purposes of defining the user authors own argument, or establishing connections between that argument and prior topic of class The quotation is used for illustrative purposes, or to give examples of a principle, phenomenon, etc., discussed by the user author.An Excerpt from a Novel

Music is a more difficult primary source to use in accordance with Fair Use laws. This is for several reasons.The reason students and teachers use music may be very different in purpose and complicate restrictions as result.

The aforementioned purposes differ when it comes to the use of material on its own, versus use of the material in conjunction with original work published by a student or teacher.Because of these conditions the restrictions that are placed differ according to the above uses.A Song or Music

A Song or Music (cont)Commentary or Critique of Music ItselfMusic used in conjunction with original workTeacherStudentTeacherStudentThe purpose and character of use does not seek to alter the work or present it for commercial purposes. It is used as instructional material seeking to examine or critique the work itself or author.Does not apply. Because the condition related particularly to instruction using a song or music, it would not apply to students in most cases.Educators may incorporate part of lawfully gained copyrighted works when making their own instruction multimedia programs for their own teaching in support of curriculum-based instructional activities at educational institutions.Students may incorporate part of lawfully gained copyrighted works when producing their own educational multimedia projects for a specific course.

Examine the following scenarios to test your familiarity with the Fair Use Guidelines discussed in this presentation.Lets Review

Paul, a Junior High School Science teacher wants to include AC/DCs Back in Black as background Music for a recorded lecture on eclipses.

Is this a lawful use of the material according to Fair Uses?Scenario #1

No. Because the use of the video is in conjunction with Pauls original work (his lecture), it cannot be used in its entirety as background music without the owners consent. Paul has a few options. He can create a loop of his favorite 30 sec portion of the song and use it, or choose another song with similar instrumentation from Creative Commons.Scenario #1 (Answer)

Mitchell wants to show the Motion Picture Selma to his US History class so that they can create critical reviews of the portrayal of historical figures that they have studied in class.

Is this a lawful use of the material according to Fair Uses?Scenario #2

Yes. Because Mitchell is showing the film in order to have his students critique the portrayal of historical figures that shown, it may fit under commentary/critique allowance include in the literature of the law.Scenario #2 (Answer)

Shelly wants to make copies of a rare novel that she wants she wants to teach as a part of a unit on Romanticism. She wants to provide a copy for every student so they can annotate for examples of Romanticism in the authors writing.

Is this a lawful use of the material according to Fair Uses?Scenario #3

No. Typically if each copy of the work has not been lawfully purchased it is a clear violation of Fair Use. What Shelly could do instead is choose several excerpts from her book and distribute those excerpts to her students to decide which are examples of Romanticism.Scenario #3 (Answer)

Carnin, R. (2012, September 1). Primary Sources at the Heart of the Common Core State Standards. Retrieved March 22, 2015, from http://www.loc.gov/teachers/tps/journal/common_core/pdf/common_core.pdf

Guidelines for Fair Use of the Publications of the University of Chicago Press. (n.d.). Retrieved March 22, 2015, from http://press.uchicago.edu/infoServices/fairuse.html

Recut, Reframe, Recycle. (n.d.). Retrieved March 22, 2015, from http://www.cmsimpact.org//fair-use/related-materials/documents/recut-reframe-recycle

What Is Fair Use? (2013, April 4). Retrieved March 22, 2015, from http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

References