copyright fair use part 1

To promote creativity, innovation and the spread of knowledge

Article 1 Section 8U.S. Constitution

The freedom to use and study the work, The freedom to copy and share the work with others, The freedom to modify the work, The freedom to distribute modified and therefore derivative works.

WHAT IS A COPYRIGHT VIOLATION?

*The ResultCopyright Confusion

See no Evil Close the Door Hyper-Comply

*How We Cope

OWNERS USERS

Copyright Law Balances Rights of Owners and Users

*It’s time to replace old knowledge

withaccurate knowledge

http://www.youtube.com/watch?v=io3BrAQl3so



*You Can Use Copyrighted Materials!

*All Work is DerivativeNOTHING CAN BE CREATED WITHOUT

INFLUENCE

*Copying is not theft – under certain circumstances

http://www.youtube.com/watch?v=jcvd5JZkUXY&feature=related



--Section 107Copyright Act of 1976

*The Doctrine of Fair Use





Criticism, comment, news reporting, teaching,

scholarship, research

… but also many forms of creative work that advance and spread

innovation



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

When I use the creative work of others in my own work, which concepts apply to my situation?

Attribution: Citing your sources

Plagiarism: Not acknowledging source material used in your work

Infringement: Copying another’s work in violation of law

Fair Use: Legal use of copyrighted works without permission or payment

Licensing: Asking permission and paying a fee



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

Transformative Use is Fair Use

“When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.”

--Joyce Valenza, School Library Journal

*Users’ Rights, Section 107

http://www.youtube.com/watch?v=8tWhKeb-fUQ

* Is Your Use of Copyrighted Materials a Fair Use?

1. 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?

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

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

*Fair Use Is Empowering

TRUTH: The fair use provision of the Copyright Act is written broadly 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.

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)

*Digital Millennium

Copyright Act

1201

ANTI-CIRCUMVENTION

RULEMAKING PROCESS

When encryption

interferes with fair use

DMCA 1201A petition requesting an exemption for media literacy educators and their students

*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

http://www.youtube.com/watch?v=8Z2-DtC8Q0k

What’s Copyright?

* Schoolhouse Rock Style Music Videos

Users’ Rights, Section 107

http://www.youtube.com/watch?v=QPBdwGF14p4

http://www.youtube.com/watch?v=GLELFEKpPLs

Pay Special Attention: Quiz Questions to Follow

Discussion Questions:

1. Why do you think Newsweek told Project Look Sharp to get permission from the photographers and the subjects of the photos?

2. Do you think it makes a difference whether or not Project Look Sharp makes money from selling their curriculum materials? Why or why not?

3. In this video, the copyrighted images were used for purposes of critique and analysis. Would it make a difference to you if the images were used for purposes of illustration? Why or why not?

4. Which of the five principles are relevant in this case? What evidence supports your answer?