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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.
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Copyright Clarity:
Helping Our Students Ethically Navigate the21st Century Information Landscape
Kristin Hokanson
Critical Thinking, Critical Thinking, Reflection & EthicsReflection & EthicsCritical Thinking, Critical Thinking,
Reflection & EthicsReflection & EthicsUsing Technology Tools Using Technology Tools
WellWellUsing Technology Tools Using Technology Tools
WellWell
Self-Expression & Self-Expression & CreativityCreativity
Self-Expression & Self-Expression & CreativityCreativity Teamwork & CollaborationTeamwork & CollaborationTeamwork & CollaborationTeamwork & Collaboration
Our 21st Century Students
Plagiarism in a Cut & Paste Culture...
Image: 'fuzzy copyright'www.flickr.com/photos/58764797@N00/1384247192
What’s your level of confidence in understanding copyright and fair use:
A. Very confident
B. Confident
C. I think I understand it
D. Confused
E. Completely confused!
Technology makes it easy to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute
Copyright Confusion
How do teachers cope?
See no Evil Close the Door Hyper-Comply
We need to starttalking about
It’s time to It’s time to replace old replace old knowledgeknowledge
withaccurate knowledge
To promote creativity, innovation and the spread of knowledge
Article 1 Section 8U.S. Constitution, 1787
OWNERS USERS
Copyright Law Balances Rights of Owners and Users
--Section 107Copyright Act of 1976
The Doctrine of Fair UseThe Doctrine of Fair UseCriticism, comment, news
reporting, teaching, scholarship, research
… but also many forms of creative work that advance and
spread innovation
The Doctrine of Fair UseThe Doctrine of Fair Use
--Section 107Copyright Act of 1976
The Doctrine of Fair UseThe Doctrine of Fair Use
Fair use of copyrighted materials is allowed when the benefits to society
outweigh the private costs to the copyright holder
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
Fair use prevents copyright law from becoming
a form of private censorship
Exercising Your Fair Use
ReasoningInvolves
Critical Thinking
Range of comfort with use of Copyrighted materials
Hyper-Comply
Educational Fair Use Guidelines
The effective use of copyrighted materials
enhances the teaching and learning process.
Does following “rules” for educational guidelines
require students to thinkcritically about the
copyrighted materials they are using?
Does following “rules” for Educational Guidelines
require students to thinkcritically about the
Copyrighted materials they are using?
Creative Commons
We need to rethink a few things...
•“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
Does requiring students to use
ONLY Creative Commons content
require students to thinkcritically about the
Copyrighted materials they are using?
Does requiring students to use
ONLY Creative Commons content
require students to thinkcritically about the
Copyrighted materials they are using?
Codes of Best Practices
Educators can:1. make copies of newspaper articles, TV shows, and other
copyrighted works and use them and keep them for educational use2. create curriculum materials and scholarship with copyrighted materials
embedded3. share, sell and distribute curriculum materials with copyrighted materials
embedded
Learners can:4. use copyrighted works in creating new material.
5. distribute their works digitally if they meet the transformativeness standard
Five Principles Code of Best Practices in Fair Use
Fair Use Judgment
Context & Situation
•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.
Elementary School Case Study: P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NY
Video Case Studies
High School Case Study: Upper Merion Area High School King of Prussia, PA
College Case Study: Project Look Sharp at Ithaca CollegeIthaca, NY
Is this 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?
Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
TRANSFORMATIVENESS
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
Fair Use Reasoning tells me...
•Claim Fair Use
•Ask permission
•Buy a License
•Use another Copyright Friendly source
Discuss a Student Sample
Is this 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?
Teach kids to reasonhttp://copyrightconfusion.wikispaces.com
Communities of Practice Assert Their Fair Use Rights
Strengthening weak muscles
Regardless of whether you are using copyright materialor the Creative Commons...in order to strengthen the fair use muscles, you must use the reasoning process
