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Educational Fair Use & Creative CommonsChris Taylor

+Fair Use

Copyright Law of 1976

“Fair Use” within the law

Focus of Temple University’s Guidelines

+Guidelines by the Media Education Lab at Temple

The copyright policies for educational use are usually overstated in regards to infringement

The code or guidelines do not address all the parameters of fair use

Media literacy education- “the transformative uses of copyright material in media literacy education that can flourish only with a robust understanding of fair use” (pg. 4).

+Definition of Fair Use (Temple pg. 5)

“Society gives limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment, in some circumstances.”

Right of the User (Instructors)Copyright laws are not specific about Fair Use therefore it is flexible for the user (pg. 6)

+Four Considerations that Judges make concerning Fair Use (Temple pg. 6)

Nature of the useNature of the work usedExtent of the useEconomic effect

+Two Key Questions in the Eyes of the Law (Temple pg. 6)

“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?”

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

+What does this mean for educators?

Copyrighted material should be available for their activities and those of their learners

Educators “are aware of the increased vigilance with which copyright owners are enforcing their rights” (pg. 4).

“Those who want to claim the benefits of fair use have a rare opportunity to be open and public about asserting the appropriateness of their practices and the justifications for them” (pg. 5).

+The Principles described by the Media Lab at Temple University (pg. 10-13)

Educators may use material from the full range of copyrighted sources and make them available to learners

Educators may integrate copyrighted materials into curriculum materials

Share effective examples of teaching about media and meaning with one another including lessons and resource materials

Educators should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work

Educators design assignments so that students have the opportunity to distribute their work

+Creative Commons Founded in 2001

Works along side copyright laws but allows people to modify their copyright to best suit their needs

The body of work that is available to the public for free and legal sharing, use, repurposing, and remixing

Some rights reserved Allows one to keep their copyright while allowing

certain uses of their work

Great opportunity for educators to create content and publish it while maintaining some control of its use

This organization allows the distribution of content for free

+Six Types of Licenses that Educators may obtain

Type Characteristics

Attribution Allows others to distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation

Attribution Share Alike Allows others to distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you and license their new creations under the identical terms

Attribution No Derivatives Allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you

+Six Licenses Continued

Types Characteristics

Attribution Non-Commercial Allows others to remix, tweak, and build upon your work non-commercially

Must acknowledge you and be non-commercial

They don’t have to license their derivative works on the same terms

Attribution Non-Commercial Share Alike Allows others to remix, tweak, and build upon your work non-commercially and it must credit you

The new creation must have the identical terms

Attribution Non-Commercial No Derivatives Most restrictive of the licenses allowing redistribution

“Free advertising” license Allows others to download your works and

share them with others as long as they mention you and link back to you

They can’t change the works in any way or use them commercially

+Examples of Creative Commons

The Alamo by: Kevin Trotman

Gettysburg by: Pat Henson

Our Friend, Albert by: photo-gator

+Resources

Educational Fair Use Center for Social Media: School of Communication

American University. The Code of Best Practices in Fair Use for Media Literacy Education. Media Education Lab: Temple University. Centerforsocialmedia.org/medialiteracy

Creative Commons Creative Commons. http://creativecommons.org/ FlickR. http://www.flickr.com