~~See all my posts from ISTE with lots of links and resources shared by others here~~
Yes You Can!
Use Copyrighted Material (
slides)
My thoughts:
This was an informative session on copyright and fair use. I still don't feel confident in fully understanding it, but at least I have some knowledge to share. I have fallen into all three of the categories below at one point or another in my career. Now... to focus on "transformative use" as students are creating and sharing their work!
My Notes:
There is no such
thing as "academic" copyright - it's the same thing for everyone
Teachers fall into
one of 3 categories
- See no evil (I don't want to
learn about this; consciously choose to be ignorant)
- Close the door (use
copyrighted materials but don't tell anyone or talk about it)
- Hyper-comply (rigidly hold
onto that rule; sometimes hold their students to stricter regulations than
themselves)
EDUCATIONAL
GUIDELINES ARE NOT THE LAW
- They are negotiated
agreements between publishers & others.
Give them the appearance of the law, but they aren't!
PURPOSE OF COPYRIGHT
- Protect someone's
intellectual property
- Not about making money
- TO PROMOTE
CREATIVITY, INNOVATION, AND THE SPREAD OF KNOWLEDGE (From article 1,
section 8 of the US Constitution)
Everything is
copyrighted
Let's think not
about what you "can't" do, but what you "can" do.
The moment you click
save, your work is automatically protected by copyright law.
FIVE PROTECTIONS
- Controlling reproduction of
the work
- Right to prepare derivative
works (i.e. make a movie off your book)
- Distribute the work
- Perform the work
- Display the Work
You have
"creative control"
EVERYTHING IS
COPYRIGHTED… BUT THERE ARE EXEMPTIONS
Today we are going
to focus on "The Doctrine of Fair Use"
Section 107 of
Copyright Act of 1976
You don’t have to
pay to use some of another's work.
For socially
beneficial purposes, you are exempt from paying or asking permission.
Copyright law
balances the rights of owners and the rights of users. Weigh out the harm to the owner and the
benefit to the society.
Transformative use -
the way the work was used was for a completely different purpose
CREATIVE AUTHORS
MUST ASK THREE CRITICAL QUESTIONS TO MAKE A FAIR USE DETERMINATION
- Did my use of the work
re-purpose or transform the copyrighted material? Did I add value?
- Did I merely re-transmit the
original work? Could my work serve as a substitute or replacement for the
original?
- Did I use just the amount I
needed in order to accomplish my purpose?
Section 503b
"Reasonableness
Standard"
If teacher at an accredited institution makes a
fair use determination (in good faith) and gets sued, all statutory damages are
remit to zero. There's nothing in it for
the copyright holder / publisher. Even
if you make a wrong fair use determination, you are protected.
"Not
transformative" examples
MOOD ALONE ISN'T
ENOUGH
"It's
popular" is not enough
Students choosing
images:
How many images did
they look at? They must have made a
choice. If they made a choice, then
there must have been some sort of reasoning.
Student choosing
music:
What is the
effect? What is it that they are trying
to achieve?
(In YouTube in the
creator studio, they have music that you can use for free, copyright free)
If it's not
transformative, it's not fair use.
But you can always
ask for permission
Accrediting an image
is an academic requirement, not a fair use requirement.
Copyright law is not
fixed and static - it adapt to changes in technology and society
Digital Millennium
Copyright Act of 1998
K-12 teachers may
legally unlock DVDs protected by the Content Scrambling System when
circumvention is for the purpose of criticism or comment using short sections,
for education. In 2015 - this law is
back up for battle
"Get your kids
creating and teach them to reason through the process"
Students are already
creating… most aren't ethically doing it.
We must teach them that!
~~See all my posts from ISTE with lots of links and resources shared by others here~~
