Copyright and Fair Use

Professional Development Presentation

By

Rosemary Perez

Definition of Copyright

When you create anything, be it a photo, drawing, song, poem, movie, you automatically have or own an all rights reserved copyright. This protects your work against uses you do not consent to.

Photo by: Mike Seyfang Flickr.com.photo/mikeblogs.3020135605/

Two Key Questions

1. Did the unlicensed use “transform” the material taken from the copyrighted workby 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?

Keys by Linus Bohman flickr.com/photo/210977249

Second Key Question•Was the material taken appropriate in kind

and amount, considering the nature of the copyrighted work and of the use?

ANSWERSIf the answers to these two questions are “yes,” a

court is likely to find a use fair.

I

2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

Keys by Linus Bohman flickr.com/photo/210977249

ANSWERS

• If the answers to these two questions are “yes,” a court is likely to find it in fair use.

Five Principles of the Code of Best Practices

• EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS

• EMPLOYING COPYRIGHTED MATERIAL IN

PREPARING CURRICULUM MATERIALS • SHARING MEDIA LITERACY CURRICULUM

MATERIALS• STUDENT USE OF COPYRIGHTED MATERIALS IN

THEIR OWN ACADEMIC AND CREATIVE WORK

• DEVELOPING AUDIENCES FOR STUDENT WORK

Principle 1

EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS

Brief Description: Use of copyrighted material to build critical thinking and communication skills.

Materials are made available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites.

Use only what is necessary to meet educational goal or purpose.

May need to use excerpts or clips only.

Principle 2EMPLOYING COPYRIGHTED MATERIALS IN

PREPARING CURRICULUM MATERIALS• Brief Description: teacher uses material to make lesson plans, tool

kits, curricula in an educational context

integrate copyrighted material into curriculum materials, including books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials designed for learning.

Use what is necessary to meet educational goal and give credit where it is due.

PRINCIPLE 3

SHARING MEDIA LITERACY CURRICULUM MATERIALS

Brief Descritption: Literacy curriculum materials always include copyrighted content from mass media and popular culture. Sharing of these materials occurs at educational conferences and professional development.

share of teaching about media and meaning with one another,

including lessons and resource materials

Use illustrations that are necessary for the educational objectives or educational goal for which it is being made.

PRINCIPLE 4

STUDENT USE OF COPYRIGHTED MATERIALS IN THEIR OWN ACADEMIC

AND CREATIVE WORKBrief Description: Students use excerpts from copyrighted material in their own creative work for many purposes, including illustration, and to stimulate public discussion.

educators using concepts and techniques of media literacy should be free to learners to

incorporate, modify, and re-present existing media objects in their classroom work

The use of copyrighted material should not be a substitute forcreative effort. Credit should be given for material used under fair use.

PRINCIPLE 5

DEVELOPING AUDIENCES FOR STUDENT WORK

Brief Description: Students who are expected to behave respon- sibly as media creators are encouraged to reach people outside the classroom. Teachers design assignments so that students have opportunities to distribute their work.

Educators should work with learners to make a reasoned decisionabout distribution that reflects sound pedagogy and ethical values

Within the limited school setting sharing is more likely to receive special considera- tion under the fair use doctrine. When sharing more broadly teachers should work with student on attribution and ethics of proper use.

5 Principle are Code of Best Practices

These principles apply to all forms of media The principles apply in institutional settings and to non-school-based programsThe principles concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired.The principles are all subject to a “rule of proportionality”.

Photo by Nancy Sims flickr.com/photos/pugo_muliebriter/1384247192/

Creative Commons

Is a free site that helps make copyright easier.

It allows you to share your work under your condition.

You decide what limitations you would like placed on your work.

Provides you with a free copyright license based on your specification in accordance with your responses to just a few questions.

How to use Creative Commons with Flickr.com

You can find photos on Flickr.com with Creative Commons License to use with educational

fair use.1. Log on to www.Flickr.com2. Click on Search button.3. Click on Advanced Search4. Type in the desired topic of your photo.5. Select photos only (videos are available as well)6. Select Creative Common License near the bottom.7. Select photo from those presented.8. Click on “all sizes” at the top of the photo.9. Scroll to the bottom of the photo and the license is shown.10. Click on each symbol shown and an explanation of how it is to be used will be shown to guide you.

Use of FLiCKR

OUTER SPACE

NASA Goddard Photo

Flickr.com/photo/gsf/4399423264/

Blue Marble by Woodleywonderworks

Flickr.com/photo.wwworks/2222523486

Moon by Steve Jurvetson

Flickr.com/photo/jrvetson/364086029

Creating a concept map for a new topic to determine prior knowledge.

Or to have visuals to go along with a lesson.

Follow Up Activity

Kindergarten through 5th Grade Using the tools presented, develop a lesson plan using

Flickr.com and Creative Commons.

6th through 8th Grade

Complete the same assignment above or create a lessonplan explaining fair use and the tools presented in this PDto your students. Have them complete an assignment aswell.

Resources

• Information on Copyright and fair use (5 principles)

Code of Best Practices in Fair Use for Media Literacy Education produced by the Center for Social Media (centerforsocialmedia.org/medialiteracy)

• Information on Creative CommonsTaken from the Creative Commons Website (www.creativecommons.com)

• PhotosTaken from Flickr.com. Credit has been given on each photo.