2. Goals
★ 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
3.
4.
5. ways that students
use copyrighted
materials in their
creative & academic
work
6. Illustration Digital Storytelling
Critical Analysis Remix
What makes these effective learning experiences
for students?
7. Technology makes
it easy to:
ü Use and share
ü Copy
ü Modify & Repurpose
ü Excerpt & Quote From
ü Distribute
8. Owners forcefully
assert their rights
to:
ü Restrict
ü Limit
ü Charge high fees
ü Discourage use
ü Use scare tactics
9. How do Teachers Cope?
See no Evil Close the Door Hyper-Comply
15. Crea%ve
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.
18. EVERYTHING
IS COPYRIGHTED
…BUT THERE ARE EXEMPTIONS
19. The Doctrine of Fair Use
--Section 107
Copyright Act of 1976
20. The
Doctrine
of
Fair
Use
For
purposes
such
as
cri%cism,
comment,
news
repor%ng,
teaching
--Section 107
Copyright Act of 1976
21. The Doctrine of Fair Use
Fair use of copyrighted materials is Fair use prevents
allowed when the benefits to society copyright law from becoming
outweigh the private costs a form of
to the copyright holder private censorship
--Section 107
Copyright Act of 1976
22. 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
23. The effective use of copyrighted
materials enhances the teaching
and learning process.
26. 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?
28. 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
34. The effective use of copyrighted
materials enhances the teaching
and learning process.
35. Does following “rules” for
Educational Guidelines
require students to think
critically about the
Copyrighted materials they are using?
36. Does following “rules” for
Educational Guidelines
require students to think
critically about the
Copyrighted materials they are using?
37.
38. 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
39. Does requiring students to use
ONLY Creative Commons content
require students to think
critically about the
Copyrighted materials they are using?
40. Does requiring students to use
ONLY Creative Commons content
require students to think
critically about the
Copyrighted materials they are using?
44. 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.
45. Fair Use Reasoning tells me...
• Claim Fair Use
• Ask permission
• Buy a License
• Use another Copyright Friendly source
46. 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.
48. Practice exercising your
Fair 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?
49. Fair Use Reasoning tells me...
• Claim Fair Use
• Ask permission
• Buy a License
• Use another Copyright Friendly source
50. Teach kids to reason
http://copyrightconfusion.wikispaces.com
55. Video Case Studies
Elementary School Case Study:
P.S. 124 The Silas B. Dutcher School
Brooklyn, NY
High School Case Study:
Upper Merion Area High School
King of Prussia, PA
College Case Study:
Project Look Sharp at Ithaca College
Ithaca, NY
76. Digital Millennium
Copyright Act of
1998
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
77.
78. 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.
79. Digital Millennium
Copyright Act of
1998
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
80.
81. Join our Online Community
http://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 stories
Kristin Hokanson
kristin.hokanson@gmail.com
http://khokanson.net
