NECC09: Best Practices in Fair Use for 21st-Century Educators

Best Practices in Fair Use for 21st-Century Educators

http://www.mediaeducationlab.com
Renee Hobbs, Temple University, Media Education Lab with Katie Donnelly, Kristin Hokanson, Michael RobbGrieco and Joyce Valenza

Site for session: http://copyrightconfusion.wikispaces.com/NECC09+Workshop

Slideshow intro
Media literacy: communicaton skills plus critical analysis
purpose of copyright: not to protect owners to make money
rather to promote creativity, innovation, and the spread of knowledge Article 1 section 8 us constitution; promote the progress of science and useful arts

where did our misunderstandings of copyright come from?
section 1 10 1976 copyright law you can use legally obtained material for classroom instruction

interviews show 3 attitudes:
see no evil
close the door
hyper-comply--sometimes more rigid with students than themselves

One souce of confusion: Educational Use Guidelines are confusing
These are not law, rather negotiated agreements between media and education groups; crafted out between lawyers; were trying to make it easier for educators, made it way more difficult

Kenneth Crews, "the illusiont of the fair use guidelines" 2001 The documents created by the negotiated agreements give them "the appearance...

Dotrine of fair use Section 107 copyright act of 1976
the right to use copyrighted materials freely with ou t payment or permissions for purposes...

Handout: Code of best practices Page 10
Educators can:
1. make copies of newspaper articles, tv shows, and other cr works and use them and keep them for educatial use
2. create curr materials an dwcholarship with cr materials embedded
share, sell and distrigubte curr materials with cr materials embedded
Learners can :
4. use cr works in creatinv new materil
5. distrubute their wirks digitally i fthey meet the transformativeness standard

You are exempt from lawsuit if apply reasonable standard

bill graham archives vs dorling kinderslyey 2006
tried to negotiate but could not agree; used the 11 images anyway; sued and lost;
purpose of original: to gereate publicity for a concer
purpose of the new wor: to document and isslustrate the concert events in historical contex

Is your use of copyrighted materaials a fair use?
1. did the unlicensed use transform the material taken fromt eh coprighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intenet and value as th original?
2. was the material taken appropriate in a kind an damnout considering the nature of the coprightee work and of the use?

user has to determine via context and claim fair use

code of best practices is to educate educators

Mike RobbGrieco, doctoral studnet
Media Remix
to use or quote a wide range of texts to produce something new
remisxded media may quote sound over...

celbratory remix
critical remix--eg beyonce single backward step to feminism; mix with andy griffith scenes

Remix in education
Potential benefits & challenging concerns

use transformativeness to have students critically address original ideas

Use fair use concepts to spark inquirey

• benefit to socity vs cost to cr holder
• tranformativeness: is purpose transformed? is context transformed? add value, repurpose?
  
• what is the effect on potential markets
• is the mount of source...

library congress copyright office granted option for film professors to decrypt movies so can use under fair use; request for all educators are in operation right now

effects on potential markets not if transformative

Groups with scenarios