BACKGROUND – CCSU ACTION PLAN

Information, Communication & Educational Technology:

  Improve the preparation of students to meet 21st

Century challenges related to information, and technological literacy and ensure students have the skills to take the online SBAC assessment in by 2015.

Improve awareness of the ethical/legal issues surrounding the access and use of information and technological tools and ensure the implementation of Internet Safety...

Implement a common definition of 21st Century Skills or vision for using technology as a tool to research, organize, evaluate, and communicate information…

BACKGROUND – ADL ACTION PLAN

Information, Communication, and Educational Technology:

By June 2012, ADL will: develop a common definition of 21st century

technology skills develop a vision for technology use by students

and teachers identify skills needed for students to take the

online SBAC assessment by 2015.

By June 2012, teachers will share knowledge of technology integration and assistive technology that they have successfully used.

GOALS FOR COPYRIGHT PRESENTATION

Digital Citizenship: Resources & Responsibilities

Understand: Copyright Law & TermsCode of Best Practice Guidelines

Apply Fair Use Reasoning – 2 Case Studies

RESOURCES

ADL Page – Library Page – Scroll Down

Bibliography & Copyright

Images & Music

RESOURCES – PARTNER WORK

1.) Bibliography & Copyright Create a citation using Citation Maker Check out a couple of the copyright sites

2.) Images & Music Search via Creative Commons to find license

information for at least 1 item Check out a couple of the images/music sites

3.) Share findings with your table

Jim the Librarian Video

Discuss With a Partner…

2 Ideas You Heard in the Video

Ways in which you and your students are thoughtful about copyright.

COPYRIGHT LAW BALANCES RIGHTS OF OWNERS & USERS

Owners have the right to: reproduce prepare derivative works distribute perform display …the copyrighted work

publicly.

“Copyright law provides copyright protection to creative works in order to foster the creation of culture.” --Code of Best Practices

Users have the right to:

Fair use create new information

& new culture using copyrighted material

Fair use “not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.”

--Carrie Russell American Library Association

COPYRIGHT LAW OF 1976SECTION 107 - DOCTRINE OF FAIR USE

“The fair use of a copyrighted work is not an infringement of copyright. This includes reproduction in copies for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.”

To determine if fair use applies, look at the specific context, situation, and the following 4 Factors.

The 4 Factors are looked at together as a whole.

COPYRIGHT LAW OF 1976SECTION 107 - DOCTRINE OF FAIR USE

In determining whether the use of a work is a fair use, consider the following factors:

The purpose and character of the use: Did you transform the original?

The nature of the copyrighted work: Is it factual, creative or consumable?

The amount and substantiality of the portion used in relation to the copyrighted work as a whole: Did you use only the amount necessary?

The effect of the use upon the potential market for or value of the copyrighted work: Are you taking someone’s profits?

TRANSFORMATIVENESS

Using copyrighted materials as part of the creative process for a different purpose than that of the original.

Adding value or repurposing copyrighted material to create something new.

Examples: Advertising images that students analyze for media

messages or political, social or cultural values. Creation of student-produced works to demonstrate

media messages or political, social or cultural values.

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.

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

CASE STUDIES

Documenting Fair Use WS

Jot down ideas with a partner

Discuss with table

Highly doubtful that your table will agree

The point is to be purposeful in thinking about Copyright & Fair Use.

COPYRIGHT TIDBITS

Reasonableness Standard – Copyright law includes a provision that can eliminate damages for educators who “reasonably believed and had reasonable grounds for believing” that their use was a fair use.

Good Faith Defense – To protect educators who are doing their job well.

You can cite a source and still violate copyright if it’s not fair use.

CODE OF BEST PRACTICES Publishers and the academic community – 2008.

Established Code to provide “greater certainty and protection” for teachers.

IS recognized by courts and Copyright Office as minimum standards for fair use in education.

NOT part of the federal Copyright Law.

It does NOT replace critical thinking & reasoned judgment in determining fair use.

CODE OF BEST PRACTICESEducators can: Make copies of newspaper articles, TV shows,

and other copyrighted works, and use them and keep them for educational use.

Create curriculum materials and scholarship with copyrighted materials embedded in them; and

Share, sell, and distribute curriculum materials with copyright materials embedded in them.

CODE OF BEST PRACTICES

Learners can: Use copyrighted works in creating

NEW material

Distribute their work digitally if they meet the transformativeness standard.

The Code of Best Practices Helps

To inform educators about how fair use applies to their work.

To discourage copyright owners from threatening or bringing lawsuits.

If a suit was brought, to provide the defendant with a basis on which to show that their use was objectively reasonable and undertaken in good faith.

EDUCATIONAL USE GUIDELINES Negotiated by lawyers of publishing companies and

various educational organizations.

Guidelines include concepts such as brevity and spontaneity i.e.10% rule – 30 second rule – 45 day rule.

Congress stated these guidelines would NOT replace the fair use doctrine and would NOT be included in the actual Copyright law.

Guidelines narrow the flexible doctrine of fair use.

Fair use cannot be reduced to a checklist. Fair use requires that people think.”

--Carrie Russell, American Library Association

VIOLATING COPYRIGHT

Cease & Desist Letters VT - ISP's are sending “Notices of Copyright Infringement.”  The ISPs have received information from the copyright

holder that at least one illegal download took place. Copyright Holders may or may not pursue litigation.  Each

instance can cost the accused up to $2000.00.   

 Office of Copyright “Sum of not less than $750 or more than $30,000 as the

court considers just” “copyright owner…burden of proving…infringement was

committed willfully, the court…may increase the…damages to not more than $150,000.”

BIBLIOGRAPHYCopyright and Fair Use. 2010. Stanford University Libraries. January 15,

2012 <http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html>. 

Copyright. 2012. US Copyright Office. January 15, 2012 <http://www.copyright.gov/>. 

Hobbs, Renee. Copyright Clarity. California: Corwin, 2010.

Hobbs, Renee. Copyright. 2012 Media Education Lab. University of Rhode Island. January 15, 2012. <http://mediaeducationlab.com/copyright >. 

Code of Best Practices in Fair Use for Media Literacy Education. 2008. Center for Social Media. Temple University Media Education Lab.

©Melanie Cote. 2012. ADL In-Service.