Copyright Clarity: How Fair Use Supports Digital Learning
Download as PPTX, PDF62 likes55,164 views
The document discusses the complexities of copyright and fair use in educational contexts, emphasizing the importance of critical thinking and creativity in using copyrighted materials. It highlights the doctrine of fair use and its role in promoting educational practices while addressing the confusion caused by outdated guidelines. Additionally, it advocates for an updated understanding of copyright law to empower educators and learners in their creative and scholarly endeavors.
Copyright Clarity: How Fair Use Supports Digital Learning
- 1. Finally the end to copyright confusionhas arrived!
- 2. Critical Thinking, Reflection & EthicsUsing Technology Tools WellSelf-Expression & CreativityTeamwork & Collaboration
- 3. What’s your level of confidence in understanding copyright and fair use:A. Very confidentB. ConfidentC. I think I understand itD. ConfusedE. Completely confused!
- 4. What is the purpose of
- 5. To promote creativity, innovation and the spread of knowledgeArticle 1 Section 8U.S. Constitution
- 6. Technology makes it easy to:Use and share
- 7. Copy
- 9. Excerpt & Quote From
- 10. DistributeOwners forcefully assert their rights to:Restrict
- 11. Limit
- 12. Charge high fees
- 13. Discourage use
- 14. Use scare tacticsHow Teachers CopeSee no EvilClose the DoorHyper-Comply
- 15. Problem:Educational Use Guidelines are Confusing!NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPSAgreement on Guidelines for Classroom Copying in Not-for-Profit Educational InstitutionsFair Use Guidelines for Educational MultimediaGuidelines for the Educational Use of Music
- 16. 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, 2001Educational Use Guidelinesare NOT the Law!
- 17. It’s time to replace old knowledgewithaccurate knowledge
- 18. --Section 107 Copyright Act of 1976The Doctrine of Fair Use
- 20. 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
- 22. Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills
- 23. Five Principles Code of Best Practices in Fair Use Educators can:make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational usecreate curriculum materials and scholarship with copyrighted materials embeddedshare, sell and distribute curriculum materials with copyrighted materials embedded Learners can:use copyrighted works in creating new material distribute their works digitally if they meet the transformativeness standard
- 24. Transformative Use is Fair Use When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context. --Joyce Valenza, School Library Journal
- 25. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
- 26. 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.
- 28. Organizations Supporting the Code of Best PracticesAssociation of College and Research Libraries (ACRL)National Association for Media Literacy Education (NAMLE)Action Coalition for Media Education (ACME)National Council of Teachers Of English (NCTE)Visual Studies DivisionInternational Communication Association (ICA)
- 29. Music VideosCopyright? What’s Copyright?Users’ Rights, Section 107
- 30. Video Case Studies Elementary School Case Study:P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NYHigh School Case Study:Upper Merion Area High School King of Prussia, PACollege Case Study: Project Look Sharp at Ithaca CollegeIthaca, NY
- 32. Exercising Your Fair Use ReasoningInvolves Critical Thinking
- 33. Educators Can Rely on Fair Use 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
- 34. The Code of Best Practices Helps To educate educators themselves about how fair use applies to their work
- 35. 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
- 36. To discourage copyright owners from threatening or bringing lawsuits
- 37. 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.Communities of Practice Assert Their Fair Use Rights
- 38. Is Your 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?