Copyright and Fair Use for Digital Learning in the USA
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An examination of copyright and fair use as it applies to digital learning in the United States. Presentation to the European League of Middle Level Educators, Warsaw, Poland, January 30, 2015
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Copyright and Fair Use for Digital Learning in the USA
- 1. Copyright and Fair Use in the USA Renee Hobbs Harrington School of Communication and Media University of Rhode Island USA Renee Hobbs Harrington School of Communication and Media University of Rhode Island USA
- 4. Copyright Laws are Not International Berne Convention of 1886 WIPO Copyright Treaty of 1996 Copyright Act of 1976 • Activities necessary for learning and teaching • Anthologies and compilations • School events and celebrations
- 5. Texts Used in Teaching and Learning
- 6. Texts Used in Teaching and Learning moving-image
- 7. Texts Used in Teaching and Learning
- 8. Texts Used in Teaching and Learning digital
- 9. One Law Protects them All
- 10. PEER-TO-PEER FILE SHARING Why creative people value copyright law When you (and your students) can use copyrighted materials without payment or permission under some circumstances When you (and your students) should ask permission or pay a license fee to use copyrighted materials How codes of best practice help people become more confident in understanding and using the doctrine of fair use How the law adapts to changes in society and changes in technology Goals for Today’s Session
- 11. Supported with a grant from the John D. and Catherine T. MacArthur Foundation
- 12. Problem People Confuse Plagiarism and Copyright
- 13. 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
- 14. 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 FINES & OTHER PENALTIES
- 15. 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
- 16. APA CITATION: Caramanica, J. (2010). At 40, Circling Back to Teenage Life. New York Times, August 27. 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).
- 18. What is the purpose of
- 19. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
- 20. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
- 21. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics
- 22. See no Evil Close the Door Hyper-Comply How Faculty Cope
- 23. 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!
- 24. 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!
- 25. It’s time to replace old knowledge with accurate knowledge
- 26. EVERYTHING IS COPYRIGHTED Any work of expression in fixed or tangible form
- 27. 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.
- 28. Owners May Control Copyright through the Licensing Process
- 29. Copyright law enables people to control the creative works they produce LOVE HATE
- 30. VViolating 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
- 31. Copyright Offers Strong Protection to Owners
- 32. EVERYTHING IS COPYRIGHTED ..but there are exemptions
- 33. The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research
- 34. Four Factors of Fair Use 107
- 35. 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
- 37. 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?
- 38. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
- 39. 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.
- 41. Copyright Offers Strong Protection to BOTH Owners & Users
- 43. 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
- 44. Copying for news reporting, parody, comment or criticism Using copies for illustration and education in both face-to-face and online learning Using copies to create new transformative work 107
- 45. UNAUTHORIZE D uses are fair… …when the social benefit outweighs the private harm
- 46. 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? 1. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
- 48. 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?
- 50. School Events and Celebrations . CASE 1. Students and faculty make a “lip dub” video and share it on YouTube.
- 51. Using Copyrighted Materials in Creative Work . CASE 2. Someone uses an image of John Lennon in a class assignment when discussing how musicians share their political beliefs with their fans. CASE 3. Someone uses an image of John Lennon on the cover of the high school literary magazine.
- 52. Use of Copyrighted Materials in Creative Work . CASE 4. A student mixes excerpts of a classic speech with a song in order to promote new meanings and interpretations.
- 53. Use of Copyrighted Materials in Creative Work . CASE 5. A student uses a copyrighted song in a video to demonstrate understanding of rhetorical and literary techniques.
- 54. Sharing Creative Work Online . CASE 6. Someone uses “Little Mermaid” image in a personal blog writing about childhood memories. CASE 7. Someone uses a “Little Mermaid” image in online fan fiction about the sexual adventures of Ariel.Ariel.
- 55. Transformative Use is Fair Use
- 56. Exercising Fair Use Reasoning Involves Critical Thinking Transformative Use is Fair Use
- 59. Licensing Services for Entertainment Use of Media In Schools
- 61. Copyright Offers Strong Protection to Owners & Users
- 62. USING COPYRIGHTED MATERIAL CHOICES FOR THE CREATIVE INDIVIDUAL PAY A LICENSE FEE Ask Permission CLAIM FAIR USE Just Use it DON’T USE IT SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT
- 63. Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills
- 65. Codes of Best Practices Support Academic & Creative Communities
- 66. Communities of Practice Assert Their Fair Use Rights
- 67. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software 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 notified by copyright holder; offers a counter-notification provision if use is exempted under fair use Digital Millennium Copyright Act of 1998
- 69. The Results of our Advocacy K-12 teachers 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.
- 70. Copyright Law Adapts to Changes in Technology and Society
- 71. Three Visions of Copyright Flexible Licensing Schemes: Some Rights Reserved Creative Communities Develop Codes of Best Practices for Fair Use Open Source Business Models Make Copyright Obsolete
- 72. PEER-TO-PEER FILE SHARING Why creative people value copyright law When you (and your students) can use copyrighted materials without payment or permission under some circumstances When you (and your students) should ask permission or pay a license fee to use copyrighted materials How codes of best practice help people become more confident in understanding and using the doctrine of fair use How the law adapts to changes in society and changes in technology Goals for Today’s Session
- 74. www.mediaeducationlab.com CONTACT: Renee Hobbs Professor Harrington School of Communication and Media University of Rhode Island Email: hobbs@uri.edu TWITTER: @reneehobbs
Notes de l'éditeur
- Institute for Policy Innovation global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers' earnings, and a loss of $422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes. FORTUNATELY: ten million licensed tracks available on more than 400 different services worldwide. That’s great news for music fans and the industry alike.
- Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress: “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
- Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
- Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
- To educate educators themselves about how fair use applies to their work To persuade gatekeepers, including school leaders, librarians, and publishers, to accept well-founded assertions of fair use To promote revisions to school policies regarding the use of copyrighted materials that are used in education To discourage copyright owners from threatening or bringing lawsuits In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.
- Professors everywhere in higher education, and film/media students should be able to crack DVDs to use material both in new works and for teaching purposes, within an educational objective, argued the Library Copyright Alliance. (They won this exemption last time; it now needs renewal.) The Society for Cinema and Media Studies and others want this extended to all university students; their filing was done with help from Washington College of Law’s IP clinic. Teachers in K-12 should be able to crack encrypted audio-visual material for teaching, said the Media Education Lab at Temple University, with help from Washington College of Law’s IP clinic. Documentary and fiction filmmakers should be able to crack DVD, Blu-Ray and digital files (if unavailable in hard copy) to employ fair use to make their work, according to film organizations such as the International Documentary Association and filmmakers such as Kartemquin Films. They argued their case with the help of the University of Southern California’s IP clinic and Donaldson and Callif. (The last exemption round won documentary filmmakers only access to DVDs only.) DVD owners should be able to copy movies in order to watch them on other devices (like their iPads), argued Public Knowledge. Multimedia e-book authors should be able to crack DVDs and digital video generally in order to employ fair use in the creation of their work, argued book authors with the help f the University of Southern California’s IP clinic and Donaldson and Callif. Mobile device owners should be able to unlock their devices (i.e. let them connect to other than the carrier’s preferred networks), argued Consumers Union with help from the Institute for Public Representation at Georgetown Law School. (In the last round of exemptions, users of cellphone handsets won a similar exemption.)