A presentation about…

Fair use is the “belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.”

“If it’s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.”

The four factors that judges consider are:

the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion

taken, and the effect of the use upon the potential

market

Videos for Viewing purposes:

Videotapes (purchased/rented) DVDs (purchased/rented) Laserdiscs Video Streams from the Internet without a

password/subscription Video Streams from the Internet with a

password/subscription

Criticism

Comment

Teaching

Scholarship

Research

Is the content appropriate? Is it being used instructionally? Do you know how to cite it properly?

When you cannot get permission from the copyright holder, you may follow this guideline:

use 10% of the video or three minutes, which ever is less

Did you acquire this video legally? Are you and your students the only ones

viewing this material? Do you plan on reposting this anywhere? Are you eventually going to take it down or

end the showing? Could this be a material that would normally

be purchased by your student? Are you in a non-profit school?

Mrs. Stephens is showing her students a video from brainpop.com on Martin Luther King Jr. to educate them about his life. She uses her schools current login/password combination to access the video.

Fair use or not?

Mrs. Stephens acquired the video legally. The video is for an educational purpose. It is appropriate content for her students that

is related to the standards. The market profited from the purchase of a

class/school subscription to brainpop.com.

Other thoughts?

Mr. Jenkins is showing his students in his classroom the PBS kids show “Arthur” to keep them quiet during dismissal. He takes his time to check agendas and ask comprehension questions as the student leave the room.

Fair use or not?

Mr. Jenkins is using a public service, but is not using it to educate.

Entertainment does not equal appropriate! The teacher is not using the video to teach. The students are not watching the video to

specifically address learning objectives. The students are not critiquing or researching

with sole assistance of the video.

Additional thoughts?

Mrs. Watkins and her students record a section of a purchased DVD and combine it with a clip of a purchased VHS onto their class computer. Next, the students search for video clips from youtube.com that also correlate to the other clips. Once the students have finished editing the new video, the students all sit down in class to view their final production, but it will not being going into their student portfolios.

Fair use or not?

Why is this example “close” to using videos to educate fairly?

Because the students are not publishing this newly “created” video in their portfolios, the educational value is questionable. The limitations of the copyright permissions from the numerous sources becomes more important than the students’ end product.

Brain Pop. (n.d.). Brain Pop. Retrieved February/March, 2012, from http://www.brainpop.com/

Public Broadcasting System Social Blog. (2012, January 17). Copyright for educators. In Copyright for Educators (videos) [Streaming Videos]. Retrieved February/March, 2012, from PBS website: http://www.pbssocal.org/blog/?p=3076

Stanford University. (2010). Chapter 9 Fair Use. In Stanford Copyright & Fair Use- Fair Use [Online Library]. Retrieved February/March, 2012, from Stanford University Libraries and Academic Information Resources, Justia, NOLO, LibraryLaw.com & Oneclewebsite:http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

Technology & Learning www.techlearning.com. (1976). Copyright and Fair Use Guidelines for Teachers [fact sheet pdf]. Retrieved February/March, 2012, from Technology & Learning website:http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf

YouTube [online video library]. (n.d.). Retrieved February/March, 2012, from YouTube database.