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Copyright Laws and Educational Fair Use What are we allowed to photocopy, download, distribute, or play?

Copyright laws and Fair Use

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Page 1: Copyright laws and Fair Use

Copyright Laws and

Educational Fair UseWhat are we allowed to photocopy, download,

distribute, or play?

Page 2: Copyright laws and Fair Use

Have you ever wondered:What resources are teachers legally allowed to use for instructional purposes without infringing on copyright

laws?

http://www.istockphoto.com/stock-photo-6426216-students-in-a-classroom.php

Page 3: Copyright laws and Fair Use

What if I wanted to use this photograph in my classroom?• When this magnificent

photograph was taken it was immediately protected by copyright law, but the photographer wanted others to be able to use his photo as long as he was credited, so he uploaded it to Flickr and obtained a Creative Commons license, allowing me to share it with you today as part of this presentation…without the risk of paying a fine of up to $150,000 (plus damages and attorney fees!)

http://www.flickr.com/photos/cocoya/2329802790/

Page 4: Copyright laws and Fair Use

Let us begin with the basics….• As we teach 21st century skills, media literacy becomes

as important as the ability to read and write.• Media literacy is the capacity to access, analyze,

evaluate, and communicate in a wide variety of forms.• Media literacy education promotes heightened

consciousness of media’s role in personal and social life, strengthens skills of critical analysis, and develops people’s ability to use language, print, sound, visual and digital media for self-expression, communication and citizenship.

Page 5: Copyright laws and Fair Use

What are opyrights? opyrights are exclusive rights granted to the author or

creator of an original work, including the right to copy, distribute and adapt

the work. opyrights prevent individuals from altering the work of

authors, artists, musicians and creative minds

Page 6: Copyright laws and Fair Use

Copyright Law Protects:The works of authors,

photographers, moviemakers, poets, composers, singers, architects, musicians and creative minds like YOU…everything you create is protected by copyright law

Page 7: Copyright laws and Fair Use

If there are copyright laws…..• Does that mean that teachers can’t

reproduce, distribute, or utilize the works of others for instructional purposes?

NO!

Page 8: Copyright laws and Fair Use

Educational Fair Use:• Fair use is a policy in copyright law

that allows the use of copyright material without obtaining permission from the author

Page 9: Copyright laws and Fair Use

Under Fair Use:You can use someone else’s creation

for the following purposes:• Educational• Research• News reporting• Criticism • Commentary

Page 10: Copyright laws and Fair Use

Four determining factors for fair use:• The purpose of the use is educational

and non-profit – you are using someone else’s work to educate individuals and are not selling it to gain a profit

• The nature of the copyrighted work• Copyrighted material must be a non-

critical excerpt• You are not impairing the marketability

of the work

Page 11: Copyright laws and Fair Use

Does that mean I can copy the entire book, pass it out to my students, and not purchase it?NO! The following examples are not protected

under the Fair Use policy:• Copying and using the same work

repeatedly semester after semester and year after year

• Making extensive amounts of copies instead of purchasing the workbooks or textbooks

• Using materials for commercial use

Page 12: Copyright laws and Fair Use

Five principles for the use of copyrighted materials and media literacy to which the doctrine of fair use apply

These principles apply to all forms of media (print, images, Web sites, moving-image media, and sound media, among others)

The principles apply in institutional settings and non-school based programs

Page 13: Copyright laws and Fair Use

Principle 1: Employing Copyrighted Material in Media Literacy LessonsEducators can use televised news,

advertising, films, photographs, newspaper and magazine articles, Web sites, video games, and other copyrighted materials to engage learners in critical thinking, conceptual understanding and communication.

Educators should always provide attribution and cite the creators of the copyrighted materials.

Page 14: Copyright laws and Fair Use

Principle 2: Employing Copyrighted Material in Preparing Curriculum MaterialsUnder Fair Use teachers can integrate

copyrighted materials into the curriculum such as books, workbooks, podcasts, DVDs, videos, and Web sites.

Teachers should always provide attribution and the material being used should meet the standards for curriculum development (instructional objectives, learning goals)

Page 15: Copyright laws and Fair Use

Principle 3: Sharing Media Literacy Curriculum Materials

Informal sharing of materials through professional development, electronic mail and team planning sessions is allowed

Be careful to only use what is necessary when planning the curriculum (a small portion rather than the entire work)

Page 16: Copyright laws and Fair Use

Principle 4: Student Use of Copyrighted Materials in their Own Academic and Creative Work

Students strengthen media literacy skills by using images, sounds, and digital media to express themselves

Teachers should encourage students to incorporate, modify, and re-present existing forms of media in their own work as long as this does not inhibit their own creativity

Page 17: Copyright laws and Fair Use

Principle 5: Developing Audiences for Student WorkIf students work incorporates,

modifies, and re-presents existing media content it can be distributed to wide audiences under the Fair Use doctrine

Page 18: Copyright laws and Fair Use

What if I create something and want others to use it?Visit the Creative Commons link on

the Glog to find out how you can share your own creations with others

Page 19: Copyright laws and Fair Use

ReferencesCode of Best Practices in Fair Use for

Medial Literacy Educationhttp://www.ncte.org/positions/statements/fairusemedialiteracy