Fair Use

Fair Use, ,[object Object],Video Use

Fair Use? What does that mean? ,[object Object],[object Object],[object Object]

[object Object],[object Object],recycling of old to make new Again…

Why is this so important today? ,[object Object],[object Object],YouTube YouTube YouTube YouTube YouTube You Tube mashup remix online parody

Why is this so important to educators? ,[object Object],[object Object],[object Object],[object Object],[object Object]

What are the guidelines for educational use?

Let’s start at the beginning with some rules for schools using a video without Public Performance Rights: ,[object Object],[object Object],[object Object],[object Object],[object Object]

What about uploading an entire video to the school’s server? ,[object Object],[object Object],[object Object],[object Object],Uploading a copyrighted DVD to the school’s server could be considered a duplication or a public performance and would, therefore, violate copyright laws.

What about videos recorded from the television? • A broadcast program, but not a cablecast program, may be recorded off-air and retained by a non-profit educational institution for 45 days. After 45 days it must be destroyed. • Off-air recordings must be used once during the first 10 days by individual teachers in the course of relevant teaching activities, and repeated once if necessary. • Off-air recordings may not be regularly recorded in anticipation of requests. • All copies of off-air recordings must include the copyright notice on the broadcast program as recorded. • Excerpts may be used in class, but the programs may not be altered or electronically combined with other work.

What about inserting portions of legally acquired videos into mashups (digital composites)? This is okay if… ,[object Object],[object Object],[object Object]

Transformative in Nature ,[object Object],[object Object],*Some courts have ruled that if the original work was produced for educational purposes rather than for general public use, then the use in the classroom is less likely to be fair use.

Appropriate in Kind and Amount ,[object Object],[object Object],[object Object],Work that competes with the original work constitutes harm to the market and is not fair use. Economic Effect

This is all kind of vague. Can you give me some “fair use” rules?

[object Object],[object Object],[object Object],[object Object],Not really...fair use is flexible 1. the purpose and character of the use 2. the nature of the copyrighted work 3. the amount and substantiality of copying 4. the market effect *Courts look at the following when deciding if the benefit is greater than the economic loss to the copyright holder:

[object Object],American University, & Ford Foundation. (2008). Code of best practices in fair use. Washington, D.C.: Center for Social Media. Retrieved October 23, 2009, from http://www.centerforsocialmedia.org/files/pdf/online_best_practices_in_fair_use.pdf. Bartrom, L. (2009). Fair Use Guidelines. TechTrends: Linking Research & Practice to Improve Learning, 53(5), 14-15. http://search.ebscohost.com, doi:10.1007/s11528-009-0317-3 Koss, J. (2009). The DVD Dilemma. School Library Journal, 55(10), 34-36. http://search.ebscohost.com Simpson, C. (2008). Copyright Questions of the Month. Library Media Connection, 27(2), 46. http://search.ebscohost.com Thoman, E., & Jolls, T. (2008). Literacy for the 21st century An overview and orientation guide to media literacy education. Santa Monica, CA: Center for Media Literacy.

Fair Use

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