Finally the end to copyright confusion has arrived!
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Transcript of Finally the end to copyright confusion has arrived!
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Finally the end to copyright confusionhas arrived!
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Critical Thinking, Reflection & Ethics
Using Technology Tools Well
Self-Expression & Creativity
Teamwork & Collaboration
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A. Very confidentB. ConfidentC. I think I understand itD. ConfusedE. Completely confused!
What’s your level of confidence in understanding copyright and fair use:
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What is the purpose of
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To promote creativity, innovation and the spread of knowledge
Article 1 Section 8U.S. Constitution
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Technology makes it easy to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute
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Owners forcefully assert their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics
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See no Evil Close the Door Hyper-Comply
How Teachers Cope
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NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS
Problem:
Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions
Fair Use Guidelines for Educational Multimedia
Guidelines for the Educational Use of Music
Educational Use Guidelines are Confusing!
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The documents created by these negotiated agreements give them “the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts”
--Kenneth Crews, 2001
Educational Use Guidelinesare NOT the Law!
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It’s time to replace old knowledge
withaccurate knowledge
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--Section 107Copyright Act of 1976
The Doctrine of Fair Use
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The Doctrine of Fair Use“It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.”
--Carrie Russell, American Library Association
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Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills
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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
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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
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Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
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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.
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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)
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Educators Can Rely on Fair Use
National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use
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Elementary School Case Study: P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NY
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
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Exercising Your Fair Use
ReasoningInvolves
Critical Thinking
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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?
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The Code of Best Practices Helps
• To educate educators themselves about how fair use applies to their work
• To persuade gatekeepers, including school leaders, librarians, and publishers, to accept well-founded assertions of fair use
• To promote revisions to school policies regarding the use of copyrighted materials that are used in education
• To discourage copyright owners from threatening or bringing lawsuits
• In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.
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Copyright? What’s Copyright?
Music Videos
Users’ Rights, Section 107