While copyright & fair use can be confusing to navigate you CAN use copyrighted material in your creative work! This introduction to the Code of Best Practices in Fair Use for Media Literacy Education will explain fair use, reduce copyright confusion and share helpful ideas regarding how to teach your students and staff about copyright & fair use. Additional Resources http://ning.peteandc.org/page/copyright-clarity-fair-use

1. Copyright Clarity
& Fair Use for Digital Learning
Kristin Hokanson

2. CONTEXT & HERITAGE
Visual Literacy
Information Literacy
Media Literacy
Technology Literacy
Internet Safety
Digital Citizenship
News Literacy

3. Digital and Media Literacy
REFLECT
ACCESS
ANALYZE
CREATE
ACT

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

6. To promote creativity,
innovation and the spread of
knowledge
Article 1 Section 8
U.S. Constitution, 1787

7. The Result
Copyright Confusion

8. Copyright Law Balances Rights of
Owners and Users
OWNERS USERS

9. What do kids understand about...
• Copyright
• Exemption (Fair Use)
• Public Domain
• Creative Commons

10. How do teachers cope?
See no Evil Close the Door Hyper-Comply

11. It’s time to
replace old
knowledge
with
accurate
knowledge

12. The Doctrine of Fair Use
--Section 107
Copyright Act of 1976

13. The Doctrine of Fair Use
Criticism, comment, news
reporting, teaching, scholarship,
research
… but also many forms of
creative work that advance and
spread innovation
--Section 107
Copyright Act of 1976

14. The Doctrine of Fair Use
Fair use of copyrighted materials is Fair use prevents
allowed when the benefits to society copyright law from becoming
outweigh the private costs a form of
to the copyright holder private censorship
--Section 107
Copyright Act of 1976

15. The effective use of copyrighted
materials enhances the teaching
and learning process.

17. Context & Situation

18. 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?

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

20. An Example of Transformative Use
The purpose of the original: to
generate publicity for a concert

21. Range of comfort with use of
Copyrighted materials
See no Evil Close the Door Hyper-Comply

22. Educational Fair Use Guidelines

23. The effective use of copyrighted
materials enhances the teaching
and learning process.

24. Does following “rules” for
Educational Guidelines
require students to think
critically about the
Copyrighted materials they are using?

25. Does following “rules” for
Educational Guidelines
require students to think
critically about the
Copyrighted materials they are using?

26. 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

27. Creative Commons

28. 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

29. Does requiring students to use
ONLY Creative Commons content
require students to think
critically about the
Copyrighted materials they are using?

30. Does requiring students to use
ONLY Creative Commons content
require students to think
critically about the
Copyrighted materials they are using?

31. Codes of Best Practices

33. http://mediaeducationlab.com/video-overview

34. 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.

35. Fair Use Reasoning tells me...
• Claim Fair Use
• Ask permission
• Buy a License
• Use another Copyright Friendly source

36. Discuss

37. Practice exercising your
Fair 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?

38. Fair Use Reasoning tells me...
• Claim Fair Use
• Ask permission
• Buy a License
• Use another Copyright Friendly source

39. Teach kids to reason
http://copyrightconfusion.wikispaces.com

40. Other Resources
http://mediaeducationlab.com

41. Video Case Studies
Elementary School Case Study:
P.S. 124 The Silas B. Dutcher School
Brooklyn, NY
High School Case Study:
Upper Merion Area High School
King of Prussia, PA
College Case Study:
Project Look Sharp at Ithaca College
Ithaca, NY

42. Other Examples?

50. Evaluation Code