Yes You Can! An Introduction to

Copyright and Fair Use for Digital Learning

Renee HobbsLSC 530 Texts and Tools for Children and Youth

Summer 2015

Why Copyright Matters for Librarians, Educators and Media Professionals

WHEN STUDENTS USE COPYRIGHTED MATERIALS IN THEIR ACADEMIC WORK

ILLUSTRATION

DIGITAL STORYTELLING

1. Develop a story, often in a collaborative process where feedback is provided2. Compose a script. 3. Make an audio recording if desired.3. Create or select images and sequence them in relation to the story4. Use editing to assemble audio, text and images, adding music or transitions5. Share final project with an authentic audience

CRITICAL ANALYSIS

Remix

Why do students use copyrighted materials in their own creative work?

Technology makes it easy

to:

Use and share

Copy

Modify & Repurpose

Excerpt & Quote From

Distribute

Owners forcefully assert their rights to:

Restrict

Limit

Charge high fees

Discourage use

Use scare tactics

See no Evil Close the Door Hyper-Comply

How Teachers Cope

NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS

Problem:

Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions

Fair Use Guidelines for Educational Multimedia

Guidelines for the Educational Use of Music

Educational Use Guidelines are Confusing!

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, 2001

Educational Use Guidelinesare NOT the Law!

It’s time to replace old knowledge

withaccurate knowledge

PLAGIARISM

Using other people’s creative work by passing it off as your own

COPYRIGHT INFRINGEMENT

A legal violation of the rights of authors, who can control access to their creative work

ATTTRIBUTION Citing Your Sources

PLAGIARISM

Using other people’s creative work by passing it off as your own

COPYRIGHT INFRINGEMENT

A legal violation of the rights of authors, who can control access to their creative work

ATTTRIBUTION Citing Your Sources

FINES & OTHER PENALTIES

PLAGIARISM

Using other people’s creative work by passing it off as your own

COPYRIGHT INFRINGEMENT

A legal violation of the rights of authors, who can control access to their creative work

ATTTRIBUTION Citing Your Sources

FINES & OTHER PENALTIES

When & How to Cite Your Sources:Teaching Attribution

Academic Writing Video PSAs Poetry Informal Writing Documentary Film Journalism Websites

NORMS OF THE GENRE HOW TO USE SOURCES

Summarizing

Paraphrasing

Direct Quotation

When & How to Cite Your Sources:Teaching Attribution

Academic Writing Video PSAs Poetry Informal Writing Documentary Film Journalism Websites

NORMS OF THE GENRE HOW TO USE SOURCES

Summarizing

Paraphrasing

Direct Quotation

APA CITATION: Caramanica, J. (2010). At 40, circling back to teenage life. New York Times, August 27.

SUMMARY: The producer of 16 and Pregnant has had a turbulent career after having a successful early start in Hollywood followed by a string of failures and personal problems. Now that “16 and Pregnant” is a hit, he has a mission to tell the complex life stories of teenagers who are struggling with life challenges (Caramanica, 2010).PARAPHRASE: More than 2.4 million viewers watch “16 and Pregnant” each week (Caramanica, 2010).DIRECT QUOTATION: Morgan J. Freeman has helped “reposition MTV’s reality slate from tracking the lives of the young, beautiful and rich to capturing the lives of the young, beautiful and resilient” (Caramanica, 2010, p. D1).

What is the purpose of

To promote creativity, innovation and the spread of knowledge

Article 1 Section 8U.S. Constitution

EVERYTHING IS COPYRIGHTED

Creative ControlThe Copyright Act grants five rights to a copyright owner:

1. the right to reproduce the copyrighted work;

2. the right to prepare derivative works based upon the work;

3. the right to distribute copies of the work to the public;

4. the right to perform the copyrighted work publicly; and

5. the right to display the copyrighted work publicly.

Copyright law enables people to control the creative works

they produce

LOVE HATE

Violating Copyright Can Be ExpensiveThe Copyright holder may receive statutory damages for all infringements

involved in the action… not less than $750 or more than $30,000 as the court considers just. [...]

When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than

$150,000."

LOVE HATE

EVERYTHING IS COPYRIGHTED

…BUT THERE ARE EXEMPTIONS

--Section 107Copyright Act of 1976

The Doctrine of Fair Use

For purposes such as criticism, comment,

news reporting, teaching (including multiple copies for classroom use),

scholarship or research

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

Judges are more likely to rule that a particular use of copyrighted materials

Is a fair use when the social benefits of the unauthorized use outweigh the private costs to the copyright holder

Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

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.

Fair Use Music Video

Using Copyrighted Materials in Creative Work

.

CASE 1. Someone teaching an online graduate class demonstrates the best practices of a storytime read-aloud by creating an educational video that features a teacher reading aloud from a picture book.

CASE 2. Someone creates a video of a children’s picture book by using images from the picture book while reading aloud to create a video.

CASE 3. Someone uses a variety of different copyrighted images to create a book trailer for a children’s picture book.

Sharing Creative Work Online

.

CASE 1. Someone uses “Little Mermaid” image in a personal blog writing about childhood memories.

CASE 2. Someone uses a “Little Mermaid” image in online fan fiction about the sexual adventures of Ariel.

Using Copyrighted Materials in Creative Work

. CASE 1. Someone uses an image of John Lennon in a class assignment when discussing how musicians share their political beliefs with their fans.

CASE 2. Someone uses an image of John Lennon on the cover of the high school literary magazine.

CREATIVE AUTHORS MUST ASK CRITICAL QUESTIONS TO MAKE

A FAIR USE DETERMINATION

1. Did my use of the work re-purpose or transform the copyrighted material? Did I add value?

2. Did I merely re-transmit the original work? Could my work serve as a substitute or replacement for the original?

3. Did I use just the amount I needed in order to accomplish my purpose?

Exercising Fair Use Reasoning Involves Critical Thinking

Reflects the “best practices” of

educators who use copyrighted material

to build critical thinking and

communication skills

Supported by a grant from the John D. and Catherine T MacArthur Foundation

Educators can:

1. make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use

2. create curriculum materials and scholarship with copyrighted materials embedded

3. 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

Organizations Supporting the Code of Best Practices

Action Coalition for Media Education (ACME)

National Association for Media Literacy Education (NAMLE)

National Council of Teachers Of English (NCTE)

Visual Studies DivisionInternational Communication Association

(ICA)

Association of College and Research Libraries (ACRL)

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

USING COPYRIGHTED MATERIALCHOICES FOR THE CREATIVE INDIVIDUAL

PAY A LICENSE FEE Ask Permission

CLAIM FAIR USEJust Use it

DON’T USE IT

SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT

People need to ask permission & pay a license fee when using copyrighted materials for promotional or advertising purposes

Licensing and Permissions

BE AWARE:Licensing Trumps Fair Use

1. Cease and desist letter

2. Decide whether to pursue legal action

3. File a lawsuit4. Build a case using

evidence and reasoning

5. Judicial decision

Judges determine fair use after considering the context and situation of the use in relation to the harms to the copyright holder and the social benefits of the unauthorized use.

Understanding the Legal Process

1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works.

2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use

Digital Millennium Copyright Act of 1998

Copyright Law Adapts to Changes in Technology and Society

1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works.

2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use

Digital Millennium Copyright Act of 1998

The Results of our Advocacy

K-12 teachers may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment

http://mediaeducationlab.com/copyright

Renee HobbsMedia Education LabUniversity of Rhode IslandHarrington School of Communication and MediaWeb: http://mediaeducationlab.comTwitter: @reneehobbs