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The Road to Copyright Clarity

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Renee Hobbs offers a webinar co-sponsored by the Media Education Lab and the Northeast Ohio Regional Library System.

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The Road to Copyright Clarity

  1. 1. A Webinar Series with Renee Hobbs In partnership with the Northeast Ohio Regional Library System and the Media Education Lab THE ROAD TO COPYRIGHT CLARITY We will be starting the webinar today at 2 pm EST
  2. 2. www.mediaeducationlab.com
  3. 3. www.mediaeducationlab.com www.mediaeducationlab.com
  4. 4. www.mediaeducationlab.com
  5. 5. • What city and state are you in right now? • How are copyrighted materials used in your workplace? • What do you hope to learn today?
  6. 6. How Literacy is Expanding in a Digital Age SKILLS & ABILITIES ➢ Computer Use and Knowledge ➢ ICT & Digital Skills LITERACY ➢ Online Reading & New Literacies ➢ Media Production & Composition ➢ Coding & Programming TEACHING WITH ➢ Technology Integration ➢ Digital Learning ➢ Connected Learning ➢ Online Learning TEACHING ABOUT ➢ Information Literacy ➢ Media Literacy ➢ Digital Citizenship
  7. 7. Questions Guide Our Learning 1. How do people use copyrighted works for learning? 2. What myths and misinformation can interfere with understanding copyright law? 3. What is the purpose of copyright? 4. How does copyright protect both owners and users? 5. What is the doctrine of fair use? 6. What questions help people engage in the fair use reasoning process? 7. Why is an understanding of copyright essential for everyone today?
  8. 8. Creative communities clarify the scope of their rights and responsibilities under copyright • Code of Best Practices in Fair Use for Software Preservation (2018) • Code of Best Practices in Fair Use for the Visual Arts (2015) • Code of Best Practices in Fair Use for Academic and Research Libraries (2014) • Set of Principles for Fair Use in Journalism (2013) • Code of Best Practices in Fair Use for Online Video (2008) • Code of Best Practices for Fair Use in Poetry (2011) • Code of Best Practices in Fair Use for Media Literacy Education (2006) • Documentary Filmmakers Statement of Best Practices in Fair Use (2005)
  9. 9. www.mediaeducationlab.com 2006 Supported by a grant from the John D. and Catherine T. MacArthur Foundation The National Council of Teachers of English (NCTE) has adopted the Code as its official policy on fair use
  10. 10. COPYRIGHT & CREATIVITY
  11. 11. It’s time to replace old knowledge Hosing Out Myths and Misinformation
  12. 12. See no Evil Close the Door Hyper-Comply How People Cope with Copyright
  13. 13. 1. If it’s on the Internet, I can copy and use it. 2. As long as I cite my source, I can use it. 3. If I’m not making money off it, I can use it. 4. Copyright is all about protecting the rights of owners. 5. Copyright is too complicated for me – it’s best left to lawyers & administrators. 6. Fair use only applies to critiques and parodies. SOME MYTHS & MISINFORMATION
  14. 14. CONSEQUENCES of COPYRIGHT CONFUSION 1. Less effective instructional strategies & materials 2. Distribution hurdles in sharing creative work 3. Misinformation perpetuated to the next generation 4. Less creativity
  15. 15. 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!
  16. 16. Educational Use Guidelines are Not the Law @khokanson
  17. 17. 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!
  18. 18. ProblemPeople Confuse Plagiarism and Copyright
  19. 19. COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources PLAGIARISM Using other people’s creative work by passing it off as your own
  20. 20. COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources LAWSUIT, FINES & OTHER PENALTIES PLAGIARISM Using other people’s creative work by passing it off as your own
  21. 21. 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
  22. 22. 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). ACTIVITY Read, then compose a summary, paraphrase & direct quotation
  23. 23. @khokanson
  24. 24. What is the purpose ofWhat is the purpose of
  25. 25. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
  26. 26. Defining the Public Domain Wikipedia
  27. 27. EVERYTHING IS COPYRIGHTED Any work of expression in fixed or tangible form
  28. 28. Creative Control The Copyright Act of 1976 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.
  29. 29. Copyright law enables people to control the creative works they produce LOVE HATE
  30. 30. 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
  31. 31. Copyright Offers Strong Protection to Owners
  32. 32. Owners May Control Copyright through the Licensing Process
  33. 33. Licensing Services for Entertainment Use of Media In Schools
  34. 34. EVERYTHING IS COPYRIGHTED ..but there are exceptions
  35. 35. FOR EVERYONE: Section 107 – Fair Use FOR LIBRARIANS: Section 108 – Libraries FOR EDUCATORS: Section 110(A) – Classroom Exemption Section 110(B) - TEACH Act
  36. 36. SECTION 108 Video Trust Digitizing video in obsolete formats: Libraries share responsibilities for due diligence searching, digitization, and creation of metadata, building a database of video files for long-term preservation.
  37. 37. Center for the Study of the Public Domain Duke University Law School SECTION 108
  38. 38. Section 108(h) of the Copyright Act of 1976 allows libraries to scan and make available materials published 1923 to 1941 if they are not being actively sold.
  39. 39. SECTION 110A Copyright Act of 1976 …enables the performance or display of a lawfully-acquired work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction.
  40. 40. The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research SECTION 107 Copyright Act of 1976
  41. 41. 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
  42. 42. Using Copyrighted Material: Four Choices for the Creative Individual Ask Permission PAY A LICENSE FEE CLAIM AN EXEMPTION Use it Without Permission or Payment DON’T USE IT Use PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT 1 3 2 4
  43. 43. Four Factors of Fair Use 107
  44. 44. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
  45. 45. 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.
  46. 46. Copyright Offers Strong Protection to BOTH Owners & Users
  47. 47. Exercising Your Fair Use Reasoning Involves Critical Thinking
  48. 48. 1. Did your use of the work re-purpose or transform the copyrighted material? 2. Does your use merely re-transmit the original work? Could your work serve as a substitute or replacement for the original? 3. Did you use only the amount needed to accomplish your purpose? Critical Questions for Making a Fair Use Determination
  49. 49. Copying to avoid making a purchase Copying to merely exploit the popularity of another’s work Copies that become substitutes or replacements for the original
  50. 50. Is Your Use of Copyrighted Materials a Fair Use? 1. 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? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
  51. 51. Questions Guide Our Learning 1. How do people use copyrighted works for learning? 2. What myths and misinformation can interfere with understanding copyright law? 3. What is the purpose of copyright? 4. How does copyright protect both owners and users? 5. What is the doctrine of fair use? 6. What questions help people engage in the fair use reasoning process? 7. Why is an understanding of copyright essential for everyone today?
  52. 52. Learners Rely on Fair Use for Media Projects
  53. 53. TRANSFORMATIVENESS Implications for Education Implications for Creativity Implications for Culture
  54. 54. Keep Learning Tuesday, March 17 1 – 2 PM EST

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