copyright and fair use for digital learning in the usa
TRANSCRIPT
Copyright and Fair Use in the USA
Renee Hobbs
Harrington School of Communication and Media
University of Rhode Island USA
Renee Hobbs
Harrington School of Communication and Media
University of Rhode Island USA
www.mediaeducationlab.com
www.mediaeducationlab.com
Copyright Laws are Not International
Berne Convention of 1886
WIPO Copyright Treaty of 1996
Copyright Act of 1976
• Activities necessary for learning and teaching
• Anthologies and compilations
• School events and celebrations
Texts Used in Teaching and Learning
Texts Used in Teaching and Learning
moving-image
Texts Used in Teaching and Learning
Texts Used in Teaching and Learning
digital
One Law Protects them All
PEER-TO-PEER FILE SHARING
Why creative people value copyright law
When you (and your students) can use copyrighted materials
without payment or permission under some circumstances
When you (and your students) should ask permission or pay
a license fee to use copyrighted materials
How codes of best practice help people become more
confident in understanding and using the doctrine of fair use
How the law adapts to changes in society and changes in
technology
Goals for Today’s Session
Supported with a grant from the John D. and Catherine T.
MacArthur Foundation
ProblemPeople Confuse Plagiarism and Copyright
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
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
When & How to Cite Your Sources:Teaching Attribution
Academic Writing
Video PSAs
Poetry
Informal Writing
Documentary Film
Journalism
Websites
NORMS OF THE
GENREHOW TO USE
SOURCES
Summarizing
Paraphrasing
Direct Quotation
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).
What is the purpose of
To promote creativity,
innovation and the
spread of knowledge
Article 1 Section 8
U.S. Constitution
Technology
makes it easy to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute
Owners
forcefully assert their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics
See no Evil Close the Door Hyper-Comply
How Faculty Cope
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!
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!
It’s time to replace old knowledge
withaccurate knowledge
EVERYTHING
IS COPYRIGHTED
Any work of
expression in
fixed or tangible
form
Creative ControlThe 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.
Owners May Control Copyright through the Licensing Process
Copyright law enables people to
control the creative works
they produce
LOVE HATE
VViolating 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
Copyright Offers
Strong Protection
to Owners
EVERYTHING
IS COPYRIGHTED
..but there are
exemptions
The Doctrine of Fair Use
For purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom use),
scholarship or research
Four Factors of Fair Use
107
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
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?
Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
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.
Copyright Offers
Strong Protection
to BOTH
Owners & Users
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
Copying for news reporting,
parody, comment or criticism
Using copies for illustration and
education in both face-to-face and
online learning
Using copies to create new
transformative work
107
UNAUTHORIZE
D uses are fair…
…when the social
benefit outweighs
the private harm
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?
1. Was the material taken appropriate in kind and amount,
considering the nature of the copyrighted work and of the
use?
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?
School Events and Celebrations
.
CASE 1. Students and faculty make a “lip dub” video and share it
on YouTube.
Using Copyrighted Materials in Creative Work
. CASE 2. Someone uses an
image of John Lennon in a
class assignment when
discussing how musicians
share their political beliefs
with their fans.
CASE 3. Someone uses an
image of John Lennon on the
cover of the high school
literary magazine.
Use of Copyrighted Materials in Creative Work
.
CASE 4. A student mixes excerpts of a classic speech with a song in
order to promote new meanings and interpretations.
Use of Copyrighted Materials in Creative Work
.
CASE 5. A student uses a
copyrighted song in a video
to demonstrate
understanding of rhetorical
and literary techniques.
Sharing Creative Work Online
.
CASE 6. Someone uses
“Little Mermaid” image in a
personal blog writing about
childhood memories.
CASE 7. Someone uses a
“Little Mermaid” image in
online fan fiction about the
sexual adventures of
Ariel.Ariel.
Transformative Use is Fair Use
Exercising Fair Use ReasoningInvolves Critical Thinking
Transformative Use is Fair Use
Licensing Services for
Entertainment Use of Media In Schools
Copyright Offers
Strong Protection
to Owners &
Users
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
Reflects the “best practices” of
educators who use copyrighted material
to build critical thinking and
communication skills
Codes of Best Practices Support
Academic & Creative Communities
Communities of Practice Assert
Their Fair Use Rights
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
The Results of our Advocacy
K-12 teachers 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.
Copyright Law Adapts to Changes in Technology and Society
Three Visions of Copyright
Flexible Licensing
Schemes:
Some Rights
Reserved
Creative
Communities
Develop Codes of
Best Practices for
Fair Use
Open Source
Business Models
Make Copyright
Obsolete
PEER-TO-PEER FILE SHARING
Why creative people value copyright law
When you (and your students) can use copyrighted materials
without payment or permission under some circumstances
When you (and your students) should ask permission or pay
a license fee to use copyrighted materials
How codes of best practice help people become more
confident in understanding and using the doctrine of fair use
How the law adapts to changes in society and changes in
technology
Goals for Today’s Session
www.mediaeducationlab.com
www.mediaeducationlab.com
CONTACT:
Renee Hobbs
Professor
Harrington School of Communication and Media
University of Rhode Island
Email: [email protected]
TWITTER: @reneehobbs