Copy-rights?
Copyright & Fair use
for the generation
Kristin Hokanson
Faculty Affiliate, Digital Learning Coach Media Education Lab
“We’re changing what it would mean to be a creator just at the time that technology is enabling anybody to be a creator. So, just when it matters most, the law steps in and destroys the opportunity...”
— Prof. Lawrence Lessig
PEER-TO-PEER FILE SHARING
Why is copyright law valued by do creative people?
A Conversation
How is copyright viewed in today’s world?
How is it taught?
EASY for the Google Generation
Technology
makes
Owners forcefully assert
their rights to
See no Evil
Close the Door
Hyper-Comply
Thought I couldn't get in trouble for following the “RULES”
“RULES” in my head
�
Educational Use Guidelines were my Guide
�
PROBLEM IS they are CONFUSING
with
accurate knowledge�
To promote creativity, innovation and the spread of knowledge
Article 1 Section 8
U.S. Constitution
Copyright material in schools can be legitimately used in three ways
Example: License: Discovery Education streaming
Permits and encourages:
Downloads
Editable clips
Assignments on the web
Permissible in school iPods
Share between members
http://pics4learning.com http://freeplaymusic.com
Secure Permission �Example commercial sites -�certain permissions granted
Secure Permission ???
Examples of difficulties
EVERYTHING
IS COPYRIGHTED
…BUT THERE ARE EXEMPTIONS
--Section 107
Copyright Act of 1976
For purposes such as
criticism, comment,
news reporting, teaching (including multiple copies for classroom use),
scholarship or research
“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
Judges are more likely to rule that a particular use of copyrighted materials
Is a fair use when the social benefits of the unauthorized use outweigh the private costs to the copyright holder
Fair use is not an infringement of copyright. Section 107, The Fair Use Doctrine of the Copyright Act of 1976 sets out four factors to be considered in determining whether or not a particular use is fair:
This includes reproduction in copies for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research.
easoning
esources
esponsibility
easoning
Supported by a grant from the John D. and Catherine T MacArthur Foundation
Organizations Supporting the Code of Best Practices
Action Coalition for Media Education (ACME)
National Association for Media Literacy Education (NAMLE)
National Council of Teachers Of English (NCTE)
Visual Studies Division
International Communication Association (ICA)
Association of College and Research Libraries (ACRL)
Educators can:
Learners can:
What is the nature of each use?
Factual? Creative? Consumable?
�Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose?
or did it just repeat the work for the same intent as the original?
�
What effect might your use have on the market value of the original work?
Did you use only the amount you needed for your purpose?
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.
Violating 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
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.
National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use
Fair Use
Reasoning
involves
Critical
Thinking
esponsibility
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
easoning
esources
esponsibility
esources
Media Education Lab
Unlocking Copyright Confusion Wiki
CMSI: Center for Media & Social Impact
EFF: Teaching Copyright
Digital Millennium Copyright Act of 1998
The Results of our Advocacy
In 2012, we were successful in receiving an exemption for K-12 teachers to circumvent encryption for media literacy. 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.
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