Professor Renee Hobbs explains how digital learning relies on children and youth becoming authors of multimedia -- and how their work depends on understanding rights and responsibilities of copyright and fair use.

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

14. PLAGIARISM
Using other people’s 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 people’s 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 people’s 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 MTV’s 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 knowledge—would be
infringements. Fair use is the means for assuring a
robust and vigorous exchange of copyrighted
information.”
--Carrie Russell, American Library Association

31. 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

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

33. 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.

34. Fair Use Music Video

35. 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.

36. 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.

37. Exercising Your Fair Use
Reasoning
Involves
Critical Thinking

38. The Power of Fair Use for Project-Based Learning

39. 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

40. The Power of Fair Use for TEACHING AND LEARNING

41. 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

42. 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)

43. 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

44. USING COPYRIGHTED MATERIAL
CHOICES FOR THE CREATIVE INDIVIDUAL
PAY A LICENSE FEE
Ask Permission
CLAIM FAIR USE
Just Use it
DON’T USE IT
SELECT PUBLIC DOMAIN,
ROYALTY-FREE or
CREATIVE COMMONS
LICENSED CONTENT

45. People need to ask
permission & pay a
license fee when
using copyrighted
materials for
promotional or
advertising
purposes

46. Licensing and Permissions

47. BE AWARE:
Licensing
Trumps
Fair Use

49. 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

50. 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

51. 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

52. Copyright Law Adapts
to Changes in Technology and Society

53. 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

55. 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.

56. http://copyrightconfusion.wikispaces.com

57. Renee Hobbs
University of Rhode Island
Harrington School of
Communication and Media
Web:
http://mediaeducationlab.com
Twitter: @reneehobbs