In this session, Renee Hobbs, Sandy Hayes and Kristin Hokanson explore the importance of copyright and fair use for digital literacy. Participants gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy and appreciate the concept of transformative use. They gain confidence in making a fair use determination and learn how to integrate fair use reasoning into student media production activities. Finally, participants increase their ability to advocate for the fair use of copyrighted materials in digital literacy

1. Remix Culture is our Culture

2. TURN AND TALK:
How are students in your school using
images, videos, music and other
copyrighted material in their own
creative work?

3. www.mediaeducationlab.com

4. Yes! You Can
Use Copyrighted
Materials for
Digital Literacy
Sandy Hayes Renee Hobbs Kristin Hokanson
Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com
@sjhayes8 @reneehobbs @khokanson
www.mediaeducationlab.com/copyright

5. PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Gain knowledge about U.S. copyright law as it relates to the
most common instructional practices in digital literacy
Appreciate the concept of transformative use and gain
confidence in making a fair use determination
Learn how to integrate fair use reasoning into student
media production activities
Increase your ability to advocate for the fair use of
copyrighted materials in digital literacy

6. Renee Hobbs

7. Sandy Hayes

8. Kristin Hokanson

9. Technology
makes it easy
to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute

10. Owners
forcefully assert
their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics

11. See no Evil Close the Door Hyper-Comply
How Teachers Cope
SOURCE: Hobbs, R. Jaszi, P. & Aufderheide, P. (2007). The cost of copyright confusion for media literacy education. Center for Social Media:
Washington, D.C.

12. 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

13. 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
Not the Law

14. 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!

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

16. What is the purpose of

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

18. EVERYTHING
IS COPYRIGHTED

19. 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.

20. Copyright law enables people to
control the creative works
they produce
LOVE HATE

21. 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

22. EVERYTHING
IS COPYRIGHTED
…BUT THERE ARE
EXEMPTIONS

23. The Doctrine of Fair Use
Copyright Act
of 1976
Section 107

24. 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
Copyright Act
of 1976
Section 107

25. 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

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

27. 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.

28. CREATIVE AUTHORS MUST ASK THREE
CRITICAL QUESTIONS TO MAKE
A FAIR USE DETERMINATION
1. Did my use of the work re-purpose or
transform the copyrighted material?
Did I add value?
1. Did I merely re-transmit the original
work? Could my work serve as a
substitute or replacement for the
original?
2. Did I use just the amount I needed in
order to accomplish my purpose?
Exercising Fair Use Reasoning
Involves Critical Thinking

29. Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching an online
graduate class demonstrates effective
storytime read-aloud practices by creating
an educational video that features a
teacher reading aloud from a picture book.
CASE 2. Someone creates a video of a
children’s picture book by combining
images from the picture book with audio
narration of the text.
CASE 3. Someone uses a variety of
different copyrighted images to create a
book trailer for a children’s picture book.

30. Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching an online
graduate class demonstrates effective
storytime read-aloud practices by creating
an educational video that features a
teacher reading aloud from a picture book.

31. Using Copyrighted Materials in Creative Work
.
CASE 2. Someone creates a video of a
children’s picture book by combining
images from the picture book with audio
narration of the text.

32. Using Copyrighted Materials in Creative Work
.
CASE 3. Someone uses a variety of
different copyrighted images to create a
book trailer for a children’s picture book.

34. PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Gain knowledge about U.S. copyright law as it relates to the
most common instructional practices in digital literacy
Appreciate the concept of transformative use and gain
confidence in making a fair use determination
Learn how to integrate fair use reasoning into student
media production activities
Increase your ability to advocate for the fair use of
copyrighted materials in digital literacy

38. Hannah & Michelle Model Image Critique

39. If it’s not transformative, it’s not fair use.
But you can always ask for permission.

40. from Nancy Sims, a lawyer and the Copyright Program Librarian
at the University of Minnesota Libraries
“Often, presenters consider their use of an image to
be fair use – and often they think that giving proper
credit is part of fair use. This is a misconception: no
URL, citation, or attribution is required under fair use
– and if the fair use is not fair, no URL, citation, or
attribution will make it so.”
. . . and remember:
“Images by Google” is not a source

41. Copyright Law Adapts
to Changes in Technology and Society

42. RIPPING DVDs is ILLEGAL
Digital
Millennium
Copyright Act
of 1998

44. Results of Our Advocacy
K-12 teachers may legally 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.
www.copyright.gov/1201

45. K-12 TEACHERS
LIBRARIANS &
EDUCATORS
WORKING IN
NON-PROFIT
ORGS
K-12 STUDENTS

47. Fair Use
is a User Right

48. Fair Use is Essential for Education in a Digital Age

49. PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Gain knowledge about U.S. copyright law as it relates to the
most common instructional practices in digital literacy
Appreciate the concept of transformative use and gain
confidence in making a fair use determination
Learn how to integrate fair use reasoning into student
media production activities
Increase your ability to advocate for the fair use of
copyrighted materials in digital literacy

50. Yes! You Can
Use Copyrighted
Materials for
Digital Literacy
Sandy Hayes Renee Hobbs Kristin Hokanson
Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com
@sjhayes8 @reneehobbs @khokanson
www.mediaeducationlab.com/copyright