1.Yes You Can! An Introduction to Copyright and Fair Use for Digital Learning Renee Hobbs LSC 530 Texts and Tools for Children and Youth Spring 2014 Why Copyright Matters for Librarians, Educators and Media Professionals

2. WHEN STUDENTS USE COPYRIGHTED MATERIALS IN THEIR ACADEMIC WORK 3. ILLUSTRATION 4. DIGITAL STORYTELLING 1. Develop a story, often in a collaborative process where feedback is provided 2. Compose a script. 3. Make an audio recording if desired. 3. Create or select images and sequence them in relation to the story 4. Use editing to assemble audio, text and images, adding music or transitions 5. Share final project with an authentic audience 5. CRITICAL ANALYSIS 6. Remix 7. Why do students use copyrighted materials in their own creative work? 8. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute 9. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics 10. See no Evil Close the Door Hyper-Comply How Teachers Cope 11. 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! 12. 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 Guidelines are NOT the Law! 13. Its time to replace old knowledge with accurate knowledge 14. PLAGIARISM Using other peoples creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources 15. PLAGIARISM Using other peoples creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources FINES & OTHER PENALTIES 16. PLAGIARISM Using other peoples creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources FINES & OTHER PENALTIES 17. When & How to Cite Your Sources: Teaching Attribution Academic Writing Video PSAs Poetry Informal Writing Documentary Film Journalism Websites NORMS OF THE GENRE HOW TO USE SOURCES Summarizing Paraphrasing Direct Quotation 18. When & How to Cite Your Sources: Teaching Attribution Academic Writing Video PSAs Poetry Informal Writing Documentary Film Journalism Websites NORMS OF THE GENRE HOW TO USE SOURCES Summarizing Paraphrasing Direct Quotation 19. APA CITATION: Caramanica, J. (2010). At 40, circling back to teenage life. New York Times, August 27. SUMMARY: The producer of 16 and Pregnant has had a turbulent career after having a successful early start in Hollywood followed by a string of failures and personal problems. Now that 16 and Pregnant is a hit, he has a mission to tell the complex life stories of teenagers who are struggling with life challenges (Caramanica, 2010). PARAPHRASE: More than 2.4 million viewers watch 16 and Pregnant each week (Caramanica, 2010). DIRECT QUOTATION: Morgan J. Freeman has helped reposition MTVs reality slate from tracking the lives of the young, beautiful and rich to capturing the lives of the young, beautiful and resilient (Caramanica, 2010, p. D1). 20. What is the purpose of 21. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution 22. EVERYTHING IS COPYRIGHTED 23. Creative Control The Copyright Act grants five rights to a copyright owner: 1. the right to reproduce the copyrighted work; 2. the right to prepare derivative works based upon the work; 3. the right to distribute copies of the work to the public; 4. the right to perform the copyrighted work publicly; and 5. the right to display the copyrighted work publicly. 24. Copyright law enables people to control the creative works they produce LOVE HATE 25. Violating Copyright Can Be Expensive The Copyright holder may receive statutory damages for all infringements involved in the action not less than $750 or more than $30,000 as the court considers just. [...] When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000." LOVE HATE 26. EVERYTHING IS COPYRIGHTED BUT THERE ARE EXEMPTIONS 27. --Section 107 Copyright Act of 1976 The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research 28. 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 knowledgewould be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information. --Carrie Russell, American Library Association 29. Judges are more likely to rule that a particular use of copyrighted materials Is a fair use when the social benefits of the unauthorized use outweigh the private costs to the copyright holder 30. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006) 31. 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. 32. Fair Use Music Video 33. Using Copyrighted Materials in Creative Work . CASE 1. Someone uses an image of John Lennon in a class assignment when discussing how musicians share their political beliefs with their fans. CASE 2. Someone uses an image of John Lennon on the cover of the high school literary magazine. 34. Sharing Creative Work Online . CASE 1. Someone uses Little Mermaid image in a personal blog writing about childhood memories. CASE 2. Someone uses a Little Mermaid image in online fan fiction about the sexual adventures of Ariel. 35. Exercising Your Fair Use Reasoning Involves Critical Thinking 36. The Power of Fair Use for Project-Based Learning 37. Reflects the best practices of educators who use copyrighted material to build critical thinking and communication skills Supported by a grant from the John D. and Catherine T MacArthur Foundation 38. The Power of Fair Use for TEACHING AND LEARNING 39. 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 40. 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 Division International Communication Association (ICA) Association of College and Research Libraries (ACRL) 41. 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 42. USING COPYRIGHTED MATERIAL CHOICES FOR THE CREATIVE INDIVIDUAL PAY A LICENSE FEE Ask Permission CLAIM FAIR USE Just Use it DONT USE IT SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT 43. People need to ask permission & pay a license fee when using copyrighted materials for promotional or advertising purposes 44. Licensing and Permissions 45. BE AWARE: Licensing Trumps Fair Use 46. 1. Cease and desist letter 2. Decide whether to pursue legal action 3. File a lawsuit 4. Build a case using evidence and reasoning 5. Judicial decision Understanding the Legal Process 47. 1. Cease and desist letter 2. Decide whether to pursue legal action 3. File a lawsuit 4. Build a case using evidence and reasoning 5. Judicial decision Judges determine fair use after considering the context and situation of the use in relation to the harms to the copyright holder and the social benefits of the unauthorized use. Understanding the Legal Process 48. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use Digital Millennium Copyright Act of 1998 49. Copyright Law Adapts to Changes in Technology and Society 50. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use Digital Millennium Copyright Act of 1998 51. The Results of our Advocacy Users may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non- profit use. 52. http://copyrightconfusion.wikispaces.com 53. Renee Hobbs University of Rhode Island Harrington School of Communication and Media Web: http://mediaeducationlab.com Twitter: @reneehobbs