copyright & fair use in the digital age college and career readiness summer conferences - 2015...
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Copyright & Fair Use in the Digital Age
Copyright & Fair Use in the Digital Age
College and Career Readiness Summer Conferences - 2015College and Career Readiness Summer Conferences - 2015
Instructional Technology and School Library Media Program, Division of Curriculum, Assessment & Accountability
Welcome & Welcome & IntroductionsIntroductions
Outcomes: Outcomes: Participants will …Participants will …
-develop a deeper understanding of develop a deeper understanding of copyright copyright and “fair use” for and “fair use” for teaching and learning teaching and learning - apply a process for “judgment and apply a process for “judgment and reasoning” reasoning” to real world examples to to real world examples to determine “fair determine “fair use” use” - develop an understanding of an develop an understanding of an alternative alternative to traditional “fair useto traditional “fair use- extend this knowledge to their classroom extend this knowledge to their classroom practice to help students understand the practice to help students understand the importance of protecting intellectual property importance of protecting intellectual property and using it properly and using it properly
AgendaAgenda: :
• What is copyright?What is copyright?• Fun Warm-up Activity – Identify These Folks!Fun Warm-up Activity – Identify These Folks!• Learn About Copyright and “Fair Use” (Video)Learn About Copyright and “Fair Use” (Video)• What makes a work “transformative?” – Group What makes a work “transformative?” – Group ActivityActivity• Review the “Tool for Supporting Fair Use Reasoning” Review the “Tool for Supporting Fair Use Reasoning” - - Determining “Fair Use” – Group ActivityDetermining “Fair Use” – Group Activity• What might this look like in the classroom? What might this look like in the classroom? (Video & Discussion)(Video & Discussion)• What is Creative Commons? (Video)What is Creative Commons? (Video)• Try some Creative Commons searchesTry some Creative Commons searches• Wrap-up/ReflectionWrap-up/Reflection
Activity #2Activity #2
What is Copyright?What is Copyright?
What is Copyright?What is Copyright?
"to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.“
- United States Constitution, Article I Section 8
Copyrightable “works of authorship” Copyrightable “works of authorship” include:include:
Copyrightable “works of authorship” Copyrightable “works of authorship” include:include:
• Literary works• Musical works
(including words)• Drama (including
music)• Pantomime• Choreographic
works
• Pictorial and graphical works
• Sculptural works• Motion pictures
and other audiovisuals
• Sound recordings• Architectural
works
How long does Copyright last?How long does Copyright last?
• Copyright originally lasted 14 years, plus an additional 14 if the Copyright registration was renewed - for a total of 28 years.
• Now Copyright lasts 70 years after death of an individual copyright holder.
• Corporations have managed to get Copyright extended to 120 years from the year initial copyright issued.
• Public Domain
Activity #3Activity #3
Warm-up: What do these folks have in common?
Warm-up: What do these folks have in common?
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Activity #4Activity #4
Copyright Act of 1976 grants five rights to a copyright owner:
Copyright Act of 1976 grants five rights to a copyright owner:
1. The right to reproduce the copyrighted work2. The right to prepare derivative works based upon
the work3. The right to distribute copies of the work to the
public4. The right to perform the copyrighted work publicly5. The right to display the copyrighted work publicly
The Copyright Act also includes Section 107...
The Doctrine of Fair UseSection 107 – Copyright Act of 1976The Doctrine of Fair UseSection 107 – Copyright Act of 1976
•Criticism•Comments•News Reporting•Teaching•Research
(including multiple copies for classroom use)
Determining Fair UseDetermining Fair Use
• Nature of Nature of MaterialMaterial
Fact or fiction, degree of creativity?
• PurposePurpose Transformative?
• PortionPortion How much in relation to the whole?
• Effect Effect Effect of use upon potential market value?
“The Fifth Factor:Transformative Use”
“The Fifth Factor:Transformative 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 Journalhttp://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-
transformativeness-it-may-shake-your-world/
The Doctrine of Fair Use (Video)Section 107 – Copyright Act of 1976
The Doctrine of Fair Use (Video)Section 107 – Copyright Act of 1976
https://www.youtube.com/watch?v=8tWhKeb-fUQ&list=PLvzOwE5lWqhTbOCIFp_OxsN6nC-l20kMT&index=7
“The Fifth Factor:Transformative Use”
“The Fifth Factor:Transformative Use”
“A derivative work is transformative if it uses a source work in completely new or unexpected ways. Importantly, a work may be transformative, and thus a fair use, even when all four of the statutory factors would traditionally weigh against fair.”
- University of Minnesotahttps://www.lib.umn.edu/copyright/fairuse
• Parody • New Technologies • Other Uses
Parody?Parody?
Source: http://www.printmag.com/article/review-garbage-pail-kids-from-grade-school-samizdat-to-art/
Source: http://nameberry.com/blog/a-cabbage-patch-namefest
New TechnologiesNew Technologies
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Activity #5Activity #5
Group Activity -Transformative or Not?
Group Activity -Transformative or Not?
AP Photo/Manny Garcia/ Shepard Faireyhttp://www.allartnews.com/photographer-and-associated-press-drop-claims-against-each-other/
Group Activity - Transformative or Not?
Group Activity - Transformative or Not?
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Web Poster Exhibition - Shepard Fairey posters for Barack Obama - http://www.posterpage.ch/exhib/ex216oba/ex216oba.htm
Activity #6Activity #6
Guidelines for Fair UseGuidelines for Fair UseThis … versus this …
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Determining Fair Use Determining Fair Use
Let’s review the “Tool for Supporting the Fair Use Reasoning Process”What decision will you make?• Ask for Permission• Claim Fair Use• Pay a License Fee• Choose Another Source (Creative Commons)
Source: http://copyrightconfusion.wikispaces.com/Reasoning
Activity- Determining Fair Use Activity- Determining Fair Use • S1: For a media production course, students have created a music video using the
Beatles' song “Strawberry Fields Forever” that features teens lip-syncing and playing air guitar along with footage of a teen couple walking hand-in-hand in a graveyard. They post the video to You Tube.
• S4: A group of students create a documentary about John Lennon's role as an anti-war activist, weaving old news clips from footage about the Vietnam War and clips from various Lennon songs to show how his lyrics reflected his beliefs about the war.
• S6: A team of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium.
• S3: An educator uses a still image from the TV show Aliens in America in a slide presentation for a conference. His purpose is to illustrate a point about Pakistani immigration policy in the United States. He posts the slides online.
Source: http://copyrightconfusion.wikispaces.com/Scenarios
Activity- Determining Fair Use Activity- Determining Fair Use • S2: A teacher uses a copyrighted image, found on Flickr, adds the title of the school play, and uses it on a T-shirt to promote the school's upcoming dramatic production.
• S5: An educator embeds a political cartoon in one of her blog posts, commenting on the cartoon's relevance to the troublesome school leadership in her
district.
• S7: Students on the Yearbook Committee create a DVD version of their yearbook and sell it to make money for the class gift. As part of their opening
montage, they use AP photos and excerpts from popular music to capture the climate of the times.
• S8: A high school social studies teacher downloads a You Tube video that illustrates a key point about the U.S. Constitution's relevance to a current news event and makes DVD copies to share with students who don't have Internet access.
Source: http://copyrightconfusion.wikispaces.com/Scenarios
What Might this Look Like in Your Classroom (Video)
What Might this Look Like in Your Classroom (Video)
Understanding “Fair Use” in a Digital World - https://www.teachingchannel.org/videos/teaching-students-fair-use
How does the opening discussion about fair use prepare students for examining the videos?
How are students encouraged to defend their choices and provide evidence for their conclusions?
Why is the fair use of material an important distinction for students to understand?
Activity #7Activity #7
Creative Commons MovementCreative Commons MovementCreative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.
Features free, easy-to-use copyright licenses that provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.”
Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs.
Wanna Work Together? http://creativecommons.org/videos/wanna-work-together
Creative Commons Movement (Video)
Creative Commons Movement (Video)
https://www.youtube.com/watch?v=BlhJUJ9DC4A
Creative Commons LicensesCreative Commons Licenses
Creative Commons SearchCreative Commons Search
Source: http://search.creativecommons.org/
Google makes it easy to find usage rightsGoogle makes it easy to find usage rights
Source: http://google.com
Wrap-up & Questions?Wrap-up & Questions?Jay Bansbach, Program Specialist –
School Libraries, MSDE
Jay Bansbach, Program Specialist – School Libraries, MSDE