Fair Use for Educators and Students

Fair Use for Educators and Students : 

Fair Use for Educators and Students Katie Blevins COMM 502 Fall 2009 10/11/09

Its all about the learning… : 

Its all about the learning… Filene and Bain Moving beyond route memorization Fair use as an exercise in understanding

Dispelling the myths… : 

Dispelling the myths… Educational Use Guidelines are not law So… what is? Fair use is defined as “the right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.” –Section 107, Copyright Act of 1976

Why is Fair Use important? : 

Why is Fair Use important? Why does Fair Use matter? We’re media scholars and educators- how can it NOT matter? All about access to materials Why does understanding the law matter? Need to assert our rights to keep them

New guidelines… : 

New guidelines… Code of Best Practices in Fair Use for Media Literacy Education Transformation as Fair Use Add value or repurpose the copyrighted material

For educators… : 

For educators… In the classroom… Use illustrative media Use media necessary for education goals When possible provide cites, permissions, etc. For distribution… Use copyrighted works for curriculum purposes, even for profit if done correctly Bill Graham Archives v. Dorling Kindersley For-profit uses should not use copyrighted works for publicity

Questions to ponder… : 

Questions to ponder… A professor has an out-of-print copy of a book that has an important historical essay on television. Can the professor distribute a copy of the essay from the book to his/her students? If so, how? A professor is publishing an educational book on presidential elections and wishes to use an AP photo of President Obama on the cover. Does this constitute fair use?

For students… : 

For students… In the classroom… Often use copyrighted works for comment and criticism Must repurpose or transform not just substitute for creativity Attribute when possible also For distribution… Some assignments encourage distribution to others Differentiate between media that should be licensed, is public domain, or falls under fair use if it is copyrighted The broader the distribution, the more careful

Questions to ponder… : 

Questions to ponder… A student is creating a project on global warming that uses images from a Google search and the song “Blue Skies” as background music. Does this constitute fair use? A student want to put the project up on YouTube. Does this change anything?

Some resources… : 

Some resources… The Code of Best Practices at the Center for Social Media Media Education Lab at Temple University Copyright Act of 1976- Chapter 1 TEACH Act 2002- ALA Copyright Perspectives at Penn State