Session designed to develop knowledge of the distinctions between fair use, creative commons, and other types of licenses so attendees will understand how to evaluate the use of a copyrighted work to determine whether it is appropriate for teachers and students to claim fair use, use Creative Commons licenses, ask
permission, or purchase a license.
Participants will also learn some specific
activities that can be used to teach K-12
students about their social responsibility
and ethical use of information.
4. What’s your level of confidence in understanding copyright and fair use: Image: 'fuzzy copyright' www.flickr.com/photos/58764797@N00/1384247192 A. Very confident B. Confident C. I think I understand it D. Confused E. Completely confused!
5. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
12. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Criticism, comment, news reporting, teaching, scholarship, research … but also many forms of creative work that advance and spread innovation
14. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Fair use of copyrighted materials is allowed when the benefits to society outweigh the private costs to the copyright holder Fair use prevents copyright law from becoming a form of private censorship
30. 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
39. Strengthening weak muscles Regardless of whether you are using copyright material or the Creative Commons...in order to strengthen the fair use muscles, you must use the reasoning process
40.
Editor's Notes
Talk about some of the skills we expect our kids to master in the 21st C Discussion - WHO ARE OUR 21st C kids
quotes, attribution... 5 min storytelling.. searching a paper on for social studies. He didn't go to the library, pull down reference books and fill up 3x5 index cards. He went onto Google. Plagiarism is using someone elses work without attirbution...results from ignorance about attribute...WHEN DO WE START TEACHING THIS??? WHERE??? Kids have the feeling that they can find anything cut & paste SMALL GROUP DISCUSSION… Is plagariasm being legitimized by the Google-generation, IF SO, how do we begin to develop a broader ethical sense about the ownership of things and ideas? Whose responsibility? How do we get the word out LARGE GROUP...5 min TRANSITION...PROBLEM IS...when we put laptops in the hands of kids...need to start doing things completely differently Cultural criticism is essential to democracy p5 Mass media & Digital media are imp part of cultural environment p5 Appropriation of cultural materials promotes creativity & learning p6
Relate to terms
Look at 3 coping strategies willfully ignorant of the law 5 min total time 20 min
small groups discuss...review terms arose in the conversation 5 min review... NO MORE THAN 10 min to do next 7 slides total time 40 min
It’s time for educators to get smarter about their rights under the law About c & fair use and how it relates to our work
Government can establish a copyright system 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. Effective use of copyright materials can enhance teaching & learning process p5
Talk about the law and the intention of the law...
Doctrine of fair use is central to what we do as educators
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law ( title 17, U. S. Code ). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Revised May 2009
The problem is that over time...copyright confusion has started to strangle the creative process... We need to start to excercise our rights under the law When trying to build 21st C skills like creativity, innovation, critical thinking evaluation. Educators need to be able to use multimedia resources effectively...
Well meaning BEWARE OF CHARTS & GRAPHS p 28 can actually distort your understanding of the law
Charts & guidelines
There is a new model emerging and that is allowing creators to specify exactly how ~system was developed to “counteract problems of the current system... When should we think about use of Creative Commons Resources....
all it does is give kids right to copy & paste cc license can actually diminish users lawful rights under fair use and hamper critical thinking process
Talk about the process and discuss involvement. MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use Before sharing CC resources with kids really need to start to examine best practices
According to the law...citizens themselves must interpret and apply the doctrine of fair use based on the context & situation NEXT...OVERVIEW VIDEO
Discuss... (5 min) then examine different context / situations (5 min)
Break into groups by level...how did the teachers in the video exercise their rights to fair use....
p 8-9 Transformativeness is the term emerging to describe repurposing copyrighted materials as part of creative process I don’t have to ask permission to quote as you are developing ideas If repurposed you CAN use beyond the classroom 1. Did the unlicensed use “transform” taken form the copyrighted works 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 orignal? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted material and the use If the answers to these questions is YES, a court is likely to find a use fair.
Darfur Video... Watch & analyze in small group