Learn how copyright supports the rights of both owners and users and strengthen your understanding of how the doctrine of fair use applies to the practice of teaching and learning with digital media, technology, mass media and popular culture.

1. Yes, You Can Use Copyrighted Materials! Renee Hobbs Media Education Lab Temple University

2. Strengthening Public Understanding of Copyright and Fair Use Supported by a grant from the John D. and Catherine T. MacArthur Foundation

3. Let’s DiscussToday’s Digital Culture

4. What is the purpose of

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

6. The Result Copyright Confusion

7. How We Cope See no Evil Close the Door Hyper-Comply

8. When I use the creative work of others in my own work, which concepts apply to my situation? Attribution: Citing your sources Plagiarism: Not acknowledging source material used in your work Infringement: Copying another’s work in violation of law Fair Use: Legal use of copyrighted works without permission or payment Licensing: Asking permission and paying a fee

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

10. Strengthening Public Understanding of Copyright and Fair Use Supported by a grant from the John D. and Catherine T. MacArthur Foundation

11. Problem: Educational Use Guidelines are Confusing! NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS 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

12. Educational Use Guidelinesare NOT the Law!

13. 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 Guidelinesare NOT the Law!

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

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

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

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

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

19. 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.

20. Transformative Use is Fair Use When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context. --Joyce Valenza, School Library Journal

21. Users’ Rights, Section 107 http://mediaeducationlab.com/index.php?page=295

22. Is Your 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?

23. Fair Use Is Empowering MYTH: FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS. TRUTH:The fair use provision of the Copyright Act is written broadly because it is designed to apply to a wide range of creative works and the people who use them. Fair use is a part of the law that belongs to everyone.

24. Communities of Practice Assert Their Fair Use Rights

25. Five Principles Code of Best Practices in Fair Use Educators can: make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use create curriculum materials and scholarship with copyrighted materials embedded share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: use copyrighted works in creating new material distribute their works digitally if they meet the transformativeness standard

28. To discourage copyright owners from threatening or bringing lawsuits

30. 1201 ANTI-CIRCUMVENTION RULEMAKING PROCESS When encryption interferes with fair use Digital Millennium Copyright Act DMCA 1201 A petition requesting an exemption for media literacy educators and their students

31. ANTI-CIRCUMVENTION RULEMAKING Digital Millennium Copyright Act

32. How do copyright and fair use apply to your work? What are the implications of fair use for your students’ composition? FOR REFLECTION

34. Video Case Studies Elementary School Case Study: P.S. 124, 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

35. Schoolhouse Rock Style Music Videos What’s Copyright? Users’ Rights, Section 107

36. Practicing the Fair Use Reasoning Process http://copyrightconfusion.wikispaces.com

37. http://centerforsocialmedia.org

38. Media Education Lab http://mediaeducationlab.com Contact: Professor Renee HobbsTemple University School of Communication and TheaterMedia Education LabPhiladelphia, PAEmail: renee.hobbs@temple.eduPhone: 215 204-4291