Copyright Clarity VA Beach LMS Conference

Copyright Clarity:

Helping Our Students Ethically Navigate the21st Century Information Landscape

Kristin Hokanson

Critical Thinking, Critical Thinking, Reflection & EthicsReflection & EthicsCritical Thinking, Critical Thinking,

Reflection & EthicsReflection & EthicsUsing Technology Tools Using Technology Tools

WellWellUsing Technology Tools Using Technology Tools

WellWell

Self-Expression & Self-Expression & CreativityCreativity

Self-Expression & Self-Expression & CreativityCreativity Teamwork & CollaborationTeamwork & CollaborationTeamwork & CollaborationTeamwork & Collaboration

Our 21st Century Students

Plagiarism in a Cut & Paste Culture...

Image: 'fuzzy copyright'www.flickr.com/photos/58764797@N00/1384247192

What’s your level of confidence in understanding copyright and fair use:

A. Very confident

B. Confident

C. I think I understand it

D. Confused

E. Completely confused!

Technology makes it easy to:

Use and share

Copy

Modify & Repurpose

Excerpt & Quote From

Distribute

Copyright Confusion

How do teachers cope?

See no Evil Close the Door Hyper-Comply

We need to starttalking about

It’s time to It’s time to replace old replace old knowledgeknowledge

withaccurate knowledge

To promote creativity, innovation and the spread of knowledge

Article 1 Section 8U.S. Constitution, 1787

OWNERS USERS

Copyright Law Balances Rights of Owners and Users

--Section 107Copyright Act of 1976

The Doctrine of Fair UseThe Doctrine of Fair UseCriticism, comment, news

reporting, teaching, scholarship, research

… but also many forms of creative work that advance and

spread innovation

The Doctrine of Fair UseThe Doctrine of Fair Use

--Section 107Copyright Act of 1976

The Doctrine of Fair UseThe Doctrine of Fair Use

Fair use of copyrighted materials is allowed when the benefits to society

outweigh the private costs to the copyright holder

Fair use of copyrighted materials is allowed when the benefits to society

outweigh the private costs to the copyright holder

Fair use prevents copyright law from becoming

a form of private censorship

Fair use prevents copyright law from becoming

a form of private censorship

Exercising Your Fair Use

ReasoningInvolves

Critical Thinking

Range of comfort with use of Copyrighted materials

Hyper-Comply

Educational Fair Use Guidelines

The effective use of copyrighted materials

enhances the teaching and learning process.

Does following “rules” for educational guidelines

require students to thinkcritically about the

copyrighted materials they are using?

Does following “rules” for Educational Guidelines

require students to thinkcritically about the

Copyrighted materials they are using?

Creative Commons

We need to rethink a few things...

•“We’re changing what it would mean to be a creator just at the time that technology is enabling anybody to be a creator. So, just when it matters most, the law steps in and destroys the opportunity...”

•— Prof. Lawrence Lessig

Does requiring students to use

ONLY Creative Commons content

require students to thinkcritically about the

Copyrighted materials they are using?

Does requiring students to use

ONLY Creative Commons content

require students to thinkcritically about the

Copyrighted materials they are using?

Codes of Best Practices

Educators can:1. make copies of newspaper articles, TV shows, and other

copyrighted works and use them and keep them for educational use2. create curriculum materials and scholarship with copyrighted materials

embedded3. share, sell and distribute curriculum materials with copyrighted materials

embedded

Learners can:4. use copyrighted works in creating new material.

5. distribute their works digitally if they meet the transformativeness standard

Five Principles Code of Best Practices in Fair Use

Fair Use Judgment

Context & Situation

•A team of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium.

Other Resourceshttp://mediaeducationlab.com

Elementary School Case Study: P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NY

Video Case Studies

High School Case Study: Upper Merion Area High School King of Prussia, PA

College Case Study: Project Look Sharp at Ithaca CollegeIthaca, NY

Is this Use of Copyrighted Materials a Fair Use?

•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? 

•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)

TRANSFORMATIVENESS

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

Fair Use Reasoning tells me...

•Claim Fair Use

•Ask permission

•Buy a License

•Use another Copyright Friendly source

Discuss a Student Sample

Is this Use of Copyrighted Materials a Fair Use?

•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? 

•Was the material taken appropriate in kind and amount,

considering the nature of the copyrighted work and of the

use?

Teach kids to reasonhttp://copyrightconfusion.wikispaces.com

Communities of Practice Assert Their Fair Use Rights

Strengthening weak muscles

Regardless of whether you are using copyright materialor the Creative Commons...in order to strengthen the fair use muscles, you must use the reasoning process