Copyright Clarity Project

Clearing the Confusion for Educators

By Vicky Nicolich

Copyright ClarityHow Fair Use Supports Digital Learning

• The information on copyright law and fair use in education presented in this slideshow is based on the book Copyright Clarity: How Fair Use Supports Digital Learning by Renee Hobbs.

Can I Use this in my lesson?

Confusion??????

Copyrighted ImagesAre these allowed??

What is Copyright?

• Copyright is an owner’s legal right to reproduce, display, transmit, or modify work they have created.

• Author’s works are intellectual property.

Who Does Copyright Law Effect? Three Groups

• Individual Creators

• Publisher/Distributors of Creative Works

• Consumers of these works

The Internet: Intellectual Property

• Products of the mind vs. tangible products

• Explosion of information and knowledge

• Allows people to use existing ideas in their own creative work

Educational Use Guidelines:Fact or Fiction

Which of these statements are true?

1. Users can use 10% of copyrighted music.

2. Users can use 1,000 words of an essay or poem of less than 250 words.

3. Users can us no more than five images by a single photographer.

THESE STATEMENTS ARE ALL FALSE!

Copyright in the Constitution

• Doctrine of Fair Use

• Copyright Act of 1976, Section 107.

What is the Doctrine of Fair Use

Four Factors

Purpose of the Use

Nature of the Copyrighted Work

Amount Used

Market Impact

The Rat PackPopular Culture: 1960’s

MadonnaPopular Culture: 1980’s

Smoking: Shifting of Attitudes in the Last 50 Years

Accepted as the Not accepted as a

Cultural Norm in 1950’s favorable behavior in

2012

Transformative Use

Original purpose: Promotion of event or product

New purpose: Demonstration of cultural attitudes about smoking over the last fifty years

Transformativeness

It is the key that unlocks the doctrine of fair use by asking if the user has added

value or repurposed the work.

Code of Best Practices in Fair Use Media Literacy

Many national organizations have adopted this code:

1. ACRL

2. NAMLE

3. ACME

4. ICA

5. NCTE

Code of Best Practices for Fair Use in Media Literacy Education

5 Principles in the Code

3 Pertain to Educators

2 Pertain to Students

Code of Best Practices: Educators

• Make copies of newspaper articles, TV shows and other copyrighted works and use/keep them for education use

• Create curriculum materials and scholarship with copyrighted materials embedded

• Share, sell, and distribute curriculum materials with copyrighted materials embedded.

Code of Best Practices: Students

• Use copyrighted works in creating material

• Distribute their works digitally if they meet the transformation standard

Lead Your Students

Don’t let copyright confusion stifle student creativity

Exercise your right to make a fair use determination

Works Cited• Hobbs, R., & Hobbs, F. (2010). Copyright clarity, how fair use supports

digital learning. Thousand Oaks: Corwin Press.• [Marlboro Man]. Retrieved September 28, 2012 from:• http://avidaqsegue.blogspot.com/• [Love Lucy heart. Sitcomsonline]. Retrieved October 1, 2012 from:• http://getoffmysoapbox.com• [Two and a Half Men DVD Cover]. Retrieved October 1, 2012 from:• dvdsreleasedates.com• [Rat Pack Laughing and Smoking]. Retrieved September 28, 2012 from:• http://www.posterrevolution.com/poster.cfm/rat-pack-smoking-laughing-

photo-print-poster-24x36• [Desperately Seeking Susan]. Retrieved September 28, 2012 from:• http://www.imdb.com/media• [I Love Lucy: The Remakes]. Retrieved October 1, 2012 from:• http://www.rodneyohebsion.com/i-love-lucy-remakes.htm• [Kathy Bates Channels Charlie on Two and a Half Men]. Retrieved October

1, 2012 from:• http://www.tvguide.com/News/Kathy-Bates-Charlie-1046063.aspx• Royalty free untitled photographs and images from MS Word/MS Power

Point Clip Art Program. Retrieved September 28-October 4, 2012.