Session 11: Fair and Acceptable Use and Copyright

Focusing Questions What is copyright and how does it affect educators and schools? When and how can we use copyrighted materials?

Framing Our Work Do your students download music or images off the Internet to use them in their projects? Do your teachers use political cartoons from the newspaper in their social studies class? Do they photocopy and print out magazine articles to use with their students in science class?

Framing Our Work Are they breaking the law when they do this?

Framing Our Work In previous sessions, we discussed some of the issues related to privacy, property and appropriate use that have arisen in our digital age.

Framing Our Work Today we’ re going to examine one aspect of this topic more closely -- copyright.

Framing Our Work We’re going to take a short quiz. Please open up the document entitled: okay under fair use quiz

Teaching

We need to define three terms: Copyright Public Domain Fair use

What is Copyright? Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©. http://en.wikipedia.org/wiki/Copyright

What is Public Domain? A book, song, movie or artwork that is not protected by intellectual property laws and is therefore free for you to use without permission. http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/

Works are public domain when: The copyright has expired (pre 1923) Copyright is not renewed (pre 1964) Work is dedicated by owner to public domain Copyright does not protect type of work http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/

What is fair use? http://en.wikipedia.org/wiki/Fair_use

The Fair Use Doctrine The Fair Use Doctrine is an aspect of United States copyright law that provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

There are no “hard and fast” rules. Fair Use Doctrine There are no “hard and fast” rules.

The Four-Factor Balancing Test Fair Use Doctrine The Four-Factor Balancing Test Character Nature Amount Effect

Fair Use Doctrine Fair use of Copyright Materials http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

Fair Use Doctrine Fair use of Copyright Materials http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

Fair Use Doctrine Fair use of Copyright Materials thtp://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

Fair Use Doctrine Fair use of Copyright Materials http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

Fair Use for Instructors Must meet tests of brevity and spontaneity Brevity: how much you can copy Spontaneity: how many times you can copy

How much can I use? The general rule is 10% or less of the entire work. Books Periodicals Poetry Photos Music Video

Guidelines for Digital Work Teachers may use portions of copyrighted work to produce: Multimedia projects for teaching Assignments for students for self-study Remote instruction on a secure network Conferences, presentations, workshops Professional portfolio

Fair Use for Students Students may: Incorporate portions of copyrighted materials when producing a project for a specific class. Perform and display their own projects and use them in their portfolio or use the project for college and job interviews.

Guided Practice How much do you know about Fair Use? You’ll soon find out!

Guided Practice This quiz was created using the Copyright Quizzes by Hall Davidson, where they are published in Technology and Learning. Our quiz has nine items. We’re going to do the first item together.

Is this okay under the Fair Use Doctrine? For Back to School night, the owner of the local video rental store has agreed to kick in as many videos or DVDs as needed for the Child Watch area.

Copyright Infringement! Not valid under Fair Use Doctrine! “Entertainment” and “reward” are explicitly excluded under copyright guidelines.

Work Time

Work Time Now it’s your turn. Answer the next eight items. Feel free to discuss the items with your neighbors.

Answers #1 – not okay #2 – not okay #3 – not okay #4 – okay #5 – okay

Work Time How do you think the following people would fare on this quiz? The teachers in your school The administration in your school The students in your school

Work Time We’re going to create our own quizzes for one of these groups (students, staff, administration). You will be using Hall Davidson’s copyright quizzes to get the scenarios. (permission granted as long as this is attributed to him)

Group Copyright Quiz Template. Work Time Please open up the document entitled: Group Copyright Quiz Template. You will find the links to the quizzes at the top of the page. Choose an audience for your quiz.

Work Time Open up the quizzes and search for good scenarios for your audience. Choose 10 items for your quiz.

Use Windows Journal “Printing” the quizzes using Journal Writer allows you to highlight the items you want to use.

Share

Share In addition to the quiz, what are other ways you can educate people about copyright and fair use?

Share What structures can we put in place to ensure better enforcement of copyright and fair use rules?

Standards New York City Curriculum Resources New York City School Library System Information Fluency Continuum Standard 3: Demonstrating Social Responsibility An independent learner contributes to the learning community by seeking multiple perspectives, sharing his or her understanding with others, and using information and resources ethically.

Standards Technology Standards ISTE National Educational Technology Standard (NETS) Standard 2: Social, ethical, and human issues Students understand the ethical, cultural, and societal issues related to technology. Students practice responsible use of technology systems, information, and software. Students develop positive attitudes toward technology uses that support lifelong learning, collaboration, personal pursuits, and productivity.