Copyright, Creative Commons and the

Classroom

Karen Brooks

Copyright

http://www.youtube.com/watch?v=CJn_jC4FNDo&feature=related

What is Copyright?From MediaEdLab from Temple University

http://www.youtube.com/watch?v=0QiO_H0-ok8&feature=player_embedded

If you can not see the video:

http://mediaeducationlab.com/sites/mediaeducationlab.com/files/Copyright%20Song%20lyrics_1.pdf

Hobbs, R., Donnelly, K. & Braman, S. (2008). Teaching about Copyright and Fair Use for Media Literacy Education. [Multimedia curriculum.] Available online at: http://mediaeducationlab.com

and http://mediaeducationlab.com/sites/mediaeducationlab.com/files/Section%201%20understanding%20copyright%202009.pdf

The Cost of Copyright Confusion for Media Literacy From MediaEdLab from Temple University

http://www.youtube.com/watch?v=fAhWMU1TdvE&feature=player_embedded#!

Center for Social Media: American Universityhttp://www.centerforsocialmedia.org/resources/fair_use_and_teaching

Common Myths About Fair Usehttp://www.centerforsocialmedia.org/files/pdf/Media_literacy.pdf

MYTH: FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS.

• Truth: The fair use provision of the Copyright Act is written broadly—not narrowly—because it is designed to apply to a wide range of creative works and the people who use them.

• Fair use is a part of the law that belongs to everyone— especially to working educators.

• Educators know best what they need to use of existing copyrighted culture to construct their own lessons and materials.

• Only members of the actual community can decide what’s really needed. Once they know, they can tell their lawyers and administrators.

MYTH: EDUCATORS CAN RELY ON “RULES OF THUMB” FOR FAIRUSE GUIDANCE.

• Truth: Despite longstanding myths, there are no cut-and-dried rules (such as 10 percent of the work being quoted, or 400 words of text, or two bars of music, or 10 seconds of video). Fair use is situational, and context is critical.

• Because it is a tool to balance the rights of users with the rights of owners, educators need to apply reason to reach a decision.

• The principles and limitations above are designed to guide your reasoning and to help you guide the reasoning of others.

MYTH: FAIR USE IS JUST FOR CRITIQUES, COMMENTARIES, OR PARODIES.

• Truth: Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both. Fair use applies to a wide variety of purposes, not just critical ones.

• Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a fair use, for example.

• Indeed, the Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.

MYTH: IF I’M NOT MAKING ANY MONEY OFF IT, IT’S FAIR USE. (AND IF I AM MAKING MONEY OFF IT, IT’S NOT.)

• Truth: “Noncommercial use” can be a plus in fair use analysis, but its scope is hard to define.

• If educators or learners want to share their work only with a class (or another defined, closed group) they are in a favorable position.

• However, some more public uses may be unfair even if no money is exchanged.

• So if work is going to be shared widely, it is good to be able to rely on transformativeness. As the cases show, a transformative new work can be highly commercial in intent and effect and qualify under the fair use doctrine.

MYTH: FAIR USE COULD GET ME SUED.

• Truth: That’s very, very unlikely. We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process.

• Before even considering a lawsuit, a copyright owner typically will take the cheap and easy step of sending a “cease and desist” letter, sometimes leading the recipient to think that she is being sued rather than just threatened.

• An aggressive tone does not necessarily mean that the claims are legitimate or that a lawsuit will be filed.

Common Questions of USEhttp://beckercopyright.com/questions-and-answers/

Downloading/Linking to YouTube Videos• Mar 5, 2010• Q. Is it permissible to download a YouTubetm video

and incorporate it into my on-line course, which is hosted on a restricted access network?

• A. In terms of YouTube, their on-site, legal statements indicate that unless there is a download button on the screen for the video desired, it is not permissible to download the video. Even if it is permissible to download, it is also stated that materials posted on YouTube are for personal use only. When one agrees/accepts the terms and conditions of using a site, they are now operating under an agreement, which is contractual in nature. Contract law supersedes copyright. Based on the restrictions stated on the site, I would recommend utilizing links to the video titles you wish to use, rather than downloading and embedding the video segments into your course.

• The negative to linking is that you periodically need to check to see if the link is still active or hasn’t been hacked and is pointing to a less desirable location. However, the positives to linking are not only do you avoid potential copyright issues, but you tie up less space on your institutional server than when storing video segments.

Use of Entertainment Videos for Family Night• Jan 19, 2010• Q. May we use an entertainment video, rented

from a neighborhood rental store, for a family night at our school?

• A. The use of entertainment videos for a public showing, with or without an admittance charge, requires a public performance license. Your neighborhood rental agency is not empowered to grant such a license.

• Movie Licensing USA represents a number of well known production companies, such as Disney, Universal Studios, Dreamworks etc., that by the payment of an annual fee, per student at your school, it covers your school’s use of any entertainment video for use in the school for non-instructional purposes. This would include using it for the purpose you intend, with the requirement that the video title could not be used in any promotional piece or advertising and no admission charge is made for viewing the movie.

• Once having the license, videos may be obtained by purchase, rental, loan, or by donation to the school.

• You may contact Movie Licensing USA at 877-321-1300 or on the web at www.movlic.com. On the web you will find a listing of all the potential uses of entertainment videos covered by the license and the terms and restrictions of use.

More Common Questionhttp://beckercopyright.com/questions-and-answers/

Use of YouTube™ and Google™ Videos for Instruction• April 19, 2010• Q. I am a media specialist at a high school where we have several

teachers who would like to show YouTube™ and Google™ videos in the classes. We are trying to find out the copyright laws in regards to using these types of resources.

• A. The use of both the “YouTube™” and “Google™” video sites are governed by user license agreements. Licenses are contracts that supersede copyright laws and privileges. At the bottom of the home pages for both sites, you will find in small print the words “Terms of Use.” If you click on on this link, you will be brought to the license/contract language governing what the user is allowed to do and restricted from doing when using videos found on “YouTube™” and “Google™.”

• In both cases, they make it known that if the images, logos, videos, artwork, text or other content is the creation and property of “YouTube™ or Google™”, the license requires that you obtain prior permission when using the materials for anything other than personal use. Content that is contributed by users is protected by Copyright Law and that is stated in both licenses. Since the licenses basically state that the contributed works are under Copyright protection, then Fair Use, special exemptions under the law and privileges found in the various Copyright Guidelines and in Distance Learning (The TEACH Act ) would still apply.

• In the case of contributed materials to these sites, linking to the specific materials would appear to be permissible, as well as live presentations in class, as per Section 110(1) of the Copyright Law, granting educators the right to display and perform copyrighted materials for the purpose of “Face-to-Face” instruction. However, when it comes to a use that would require downloading the videos, archiving them for later use, or incorporating them into a distance learning course or other presentation, it appears, from the license statements, that owners of the content need to be contacted, unless the owners of that content have stated in their submission that end users have the right to download or retransmit the materials. In the case of “YouTube™”, if the individual video doesn’t have a download button on the page that hosts the individual video, then, according to the “YouTube™”, Terms of Use Agreement, it would not be permissible to download or copy that video.

• It is important to become familiar with the “Terms of Use” for both sites and to understand the privileges and limitations stated therein.

iPod Common Questionhttp://beckercopyright.com/questions-and-answers/

Recording Books Onto iPods™ for Student Loan• May 6, 2010• Q. Our school purchased iPod shuffles for use with

reading groups in first grade. Last year we recorded one book onto each iPod shuffle and checked it out to low readers as a “trial” program. This year, teachers have recorded all kinds of books and reading materials onto the shuffles. As an example, there is a reading series purchased by the district that is accompanied by tapes and cd’s which a teacher has “loaded” onto an iPod. Other teachers want the iPods so they can “load” whatever books they have in print and cd form. What are the guidelines as far as digitally changing the format of material? If we purchased iPods instead of cd players and there is no “iTunes store” download available for purchase, are we ok?

• A. All of the recording activities you have indicated require prior permission. Unless the school district, when adopting a textbook and ancillary materials, negotiated duplicating rights, the fact that recordings were purchased, doesn’t give the right to make copies. The purchase of a book doesn’t give one the right to convert that book into another format and then to make further copies of that format. The act of making such copies potentially infringes the rights of the author for making copies of their works and being able to create derivative works based on their works.

• In reference to iTunes, the use of the site and the downloading of content from that site is governed by the license one agrees to when using iTunes. License agreements are contracts and contract law supersedes copyright. iTunes only permits downloads to be used for personal use. Even though a teacher or a school opens an iTunes account, this doesn’t grant the teacher or school additional privileges. However, unless there are further restrictions stated on the site, materials purchased may still be eligible for claims of Fair Use and there still would be the opportunity to use portions according to various guidelines that exist, such as the Educational MultiMedia Guidelines or the Code of Best Practices in Fair Use for Media Literacy Education.

The Code of Best Practices in Fair Use for Media Literacy Educationhttp://www.centerforsocialmedia.org/resources/publications/

code_for_media_literacy_education/

The Code of Best Practiceshttp://www.centerforsocialmedia.org/resources/publications/code_for_media_literacy_education/

Fair Use Guidelines for Educational MultiMediahttp://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm

Resources

http://librarycopyright.net/digitalslider/

So What does it all mean? http://www.youtube.com/watch?v=rzlry1c76nc&feature=related

http://www.mediafestival.org/copyrightchart.html

Bone Dancehttp://www.youtube.com/watch?v=3Waxf9KZWpM

http://www.lyricsmode.com/lyrics/h/hannah_montana/the_bone_dance.html

From: Please reproduce it as necessary. A pdf form of the chart is available at http://www.mediafestival.org/old_site/downloads.html.

Temple University: Copyright and Fair Use Lesson Planshttp://mediaeducationlab.com/teaching-about-copyright-and-fair-use

Harvard Lawhttp://cyber.law.harvard.edu/media/sites/mediaeducationlab.com/files/copyrightandeducation.html

How Does Creative Commons Fit? http://www.youtube.com/watch?v=1e2WMlL6jlI&feature=related

Creative Commons

What is Creative Commons? Wanna Work Together RG Remix http://www.youtube.com/watch?v=2BESbnMJg9M

http://creativecommons.org/about/

Creative Commonshttp://creativecommons.org/

http://creativecommons.org/education?utm_source=ccorg&utm_medium=ccedu

http://wiki.creativecommons.org/ODEPO

OER http://wiki.creativecommons.org/Creative_Commons_and_Open_Educationa

l_Resources

http://creativecommons.org/about/licenses/

http://www.google.com/advanced_search

Conclusion

Faculty Guidelineshttp://www.umuc.edu/library/copy.shtml#faculty

• Faculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions.

• Faculty may use their project for: – assignments for student self-study – for remote instruction provided the network is secure and is designed to prevent unlawful copying – for conferences, presentations, or workshops – for their professional portfolio

• Time Restrictions• The fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again. • Types of media and permissible amounts • Motion media:

– Up to 10 percent of the total or three minutes, whichever is less. • Text material:

– Up to 10 percent of the total or 1,000 words, whichever is less. – An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an

anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work

• Music, lyrics, and music video: – up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work.

• Illustrations or photographs: – no more than five images from one artist or photographer. – no more than 10% or 15 images, whichever is less, from a collection.

• Numerical data sets: – up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.

• Copying of a multimedia project: – no more than two copies may be made of a project.

When Should You Get Permission?

• When you intend to use the project for commercial or non-educational purposes.

• When you intend to duplicate the project beyond the two copies allowed by the guidelines.

• When you plan to distribute the project beyond the scope of the guidelines.

• Copyright and Electronic Publishing – The same copyright protections exist for the

author of a work regardless of whether the work is in a database, CD-ROM, bulletin board, or on the Internet.

– If you make a copy from an electronic source, such as the Internet or WWW, for your personal use, it is likely to be seen as fair use. However, if you make a copy and put it on your personal WWW site, it less likely to be considered fair use.

– The Internet IS NOT the public domain. There are both uncopyrighted and copyrighted materials available. Assume a work is copyrighted.

• Tips for the Internet– Always credit the source of your information – Find out if the author of a work (e.g., video,

audio, graphic, icon) provides information on how to use his or her work. If explicit guidelines exist, follow them.

– Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.

The Student

• Student Guidelines– Students may incorporate portions of copyrighted

materials when producing a project for a specific course.

– Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting

materials for application to college

• Types of media and permissible amounts – Motion media:

• Up to 10 percent of the total or three minutes, whichever is less.

– Text material: • Up to 10 percent of the total or 1,000 words,

whichever is less. • An entire poem of less than 250 words may be used,

but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work

– Music, lyrics, and music video: • up to 10 percent of the work but no more than 30

seconds of the music or lyrics from an individual musical work.

– Illustrations or photographs: • no more than five images from one artist or

photographer. • no more than 10% or 15 images, whichever is less,

from a collection. – Numerical data sets:

• up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.

– Copying of a multimedia project: • no more than two copies may be made of a project.

Quiz Q1True or False

• (a) A teacher buys a single-user program with department money and puts it on the Local Area Network (LAN) . It is frequently used by several teachers at the same time. This is done in violation of a written district policy against using single-user programs on the LAN. After two years, the software company takes action against the individual teacher. The district is also liable.

• (b) The Adobe user license allows ten versions of PageMaker to be spread across twenty-five machines as long as no more than ten users ever use the program simultaneously.

The Quiz may be reproduced (with attribution) for educational purposes. hall@cccd.edu ©2001, Hall Davidson

Answers Q1

• (a) True. The district is liable. The district must enforce its written policy, not just post it. Somebody needs to be monitoring the network and the stand alone computers, too. Unenforced policy cost one large district over a six figure settlement, despite posted policy.

• (b) False. The Adobe license specifically forbids this. They would like licenses for each working machine.

Quiz Q2True or False

• On her home VCR, a history teacher taped the original ABC news report of Nixon leaving the White House after resigning. She uses the entire news program every year in her classroom. This is fair use.

Answer Q2

• False. The time has long passed when she should have asked permission or purchased the tape. One legal opinion has held that using only the segment with the wave would be more acceptable for retention.

Quiz Q3True or False

• A teacher rents Gone With the Wind to show the burning of Atlanta scene to her class while studying the Civil War. This is fair use.

Answer Q3

• True. The video is a legal copy being used for instructional purposes.

Quiz Q4True or False

• (a) Copyrighted material used without permission in multimedia projects may remain in the student's portfolio forever.

• (b) Asking for permission is key to fair use protection in education.

Answer Q4

• (a) True. As long as the project is not publicly distributed, the student may archive his/her work.

• (b) False. The whole notion of fair use permits the absence of permission.

Quiz Q5True or False

• A student finds a photo online dramatizing a pre-Columbian Viking landing in America. Since the school symbol is the Viking, he posts this photo on the school web page. It links back to the original website. This is fair use.

Answer Q5

• False. Internet pages are copyrighted automatically. The student cannot safely post (and therefore re-copyright) anything without permission. Use in a classroom report or multimedia project would have been okay, as would a nonposted page.

Quiz Q6True or False

• A health teacher tapes a Big Bang Theory episode on personal hygiene for use the following week in class. The local television station denies permission when asked and states this is a violation of copyright law. They are correct.

Answer Q6

• False. The television station is wrong. First, it doesn’t hold the copyright on Seinfeld. Second, Congress holds that any program publicly broadcast may be used within ten school days. Some rights are extended much longer for schools by copyright holders.

Quiz Q7True or False

• From MP3.com, a gifted student downloads an MP3 music file of a hit rap song for an anti-violence video his team made. This is fair use.

Answer Q7

• Tricky - No - Before July, 2000. This is an illegal copy (see (a) above). Yes - after July 2000, because MP3.com reached an agreement with most music copyright holders.

Quiz Q 8True or False

• Defending her point of view, a suspended student reuses the same unauthorized copyrighted material on the school web page which she originally used in the school paper. The original essay resulted in her suspension. The use of the material on the web is fair use.

Answer Q8

• Yes. Journalism is another area justifying fair use and in this case the illegal nature of the copy was critical to the journalistic proof of her point. See http://www.benedict.com for further examples.

Quiz 9True or False

• A teacher creates his own grading program. He transfers to another school and forgets to delete the program from the network. Everyone at his old school copies and use the program. He sues the school and wins. He is likely to receives a significant monetary reward.

Answer Q9

• False. Something similar has happened with print material. If there the program was never offered for sale, then there is little grounds to support financial loss. But the teacher does have the right to make them stop using his work.

Quiz Q10True or False

• An elementary school transcribes the lyrics from the album CATS for the school mini-musical. There is no admission charge. Fair use applies

Answer Q10

• False. The copyright holder sells the performance rights to schools in a very specific way. If you want CATS, buy the performance rights. Sell tickets if you have to to pay for the rights. That’s the way the system is supposed to work.