Copyright Clarity

& Fair Use for Digital Learning

Kristin Hokanson

CONTEXT & HERITAGE

Visual LiteracyInformation Literacy

Media LiteracyTechnology Literacy

Internet SafetyDigital Citizenship

News Literacy

ACCESS

ANALYZECREATE

ACT

REFLECT

Digital and Media Literacy

Image: 'fuzzy copyright'www.flickr.com/photos/58764797@N00/1384247192

To promote creativity, innovation and the spread of knowledge

Article 1 Section 8U.S. Constitution, 1787

The ResultCopyright Confusion

OWNERS USERS

Copyright Law Balances Rights of Owners and Users

What do kids understand about...

•Copyright

•Exemption (Fair Use)

•Public Domain

•Creative Commons

How do teachers cope?

See no Evil Close the Door Hyper-Comply

It’s time to replace old knowledge

withaccurate knowledge

--Section 107 Copyright Act of 1976

The Doctrine of Fair Use

--Section 107 Copyright Act of 1976

The Doctrine of Fair UseCriticism, comment, news reporting, teaching, scholarship,

research

… but also many forms of creative work that advance and

spread innovation

--Section 107 Copyright Act of 1976

The Doctrine of Fair Use

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

The effective use of copyrighted materials enhances the teaching

and learning process.

Context & Situation

Is this Use of Copyrighted Materials a Fair Use?

•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?

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

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

Range of comfort with use of Copyrighted materials

See no Evil Close the Door Hyper-Comply

Educational Fair Use Guidelines

The effective use of copyrighted materials enhances the teaching

and learning process.

Does following “rules” for Educational Guidelines

require students to thinkcritically about the

Copyrighted materials they are using?

Does following “rules” for Educational Guidelines

require students to thinkcritically about the

Copyrighted materials they are using?

Excerpts from:http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

http://www.youtube.com/watch?v=TPAO-lZ4_hU An anthropological introduction to YouTube

Creative Commons

We need to rethink a few things...

“We’re changing what it would mean to be a creator just at the time that technology is enabling anybody to be a creator. So, just when it matters most, the law steps in and destroys the opportunity...”

— Prof. Lawrence Lessig

Does requiring students to useONLY Creative Commons content

require students to thinkcritically about the

Copyrighted materials they are using?

Does requiring students to useONLY Creative Commons content

require students to thinkcritically about the

Copyrighted materials they are using?

Codes of Best Practices

http://mediaeducationlab.com/video-overview

Context & Situation

•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.

Fair Use Reasoning tells me...

•Claim Fair Use

•Ask permission

• Buy a License

•Use another Copyright Friendly source

Discuss

Practice exercising yourFair Use Muscles...

•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?

Fair Use Reasoning tells me...

•Claim Fair Use

•Ask permission

• Buy a License

•Use another Copyright Friendly source

Teach kids to reasonhttp://copyrightconfusion.wikispaces.com

Other Resourceshttp://mediaeducationlab.com

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

Other Examples?

Evaluation Code