Presentation Transcript
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