Copyright & Fair Use in the Digital Age College and Career Readiness Summer Conferences Instructional Technology and School Library Media Program, Division of Curriculum, Assessment & Accountability

Welcome & Introductions

Outcomes: Participants will … -develop a deeper understanding of copyright and “fair use” for teaching and learning - apply a process for “judgment and reasoning” to real world examples to determine “fair use” - develop an understanding of an alternative to traditional “fair use - extend this knowledge to their classroom practice to help students understand the importance of protecting intellectual property and using it properly - extend this knowledge to their classroom practice to help students understand the importance of protecting intellectual property and using it properly

Agenda: What is copyright? What is copyright? Fun Warm-up Activity – Identify These Folks! Fun Warm-up Activity – Identify These Folks! Learn About Copyright and “Fair Use” (Video) Learn About Copyright and “Fair Use” (Video) What makes a work “transformative?” – Group Activity What makes a work “transformative?” – Group Activity Review the “Tool for Supporting Fair Use Reasoning” - Determining “Fair Use” – Group Activity Review the “Tool for Supporting Fair Use Reasoning” - Determining “Fair Use” – Group Activity What might this look like in the classroom? (Video & Discussion) What might this look like in the classroom? (Video & Discussion) What is Creative Commons? (Video) What is Creative Commons? (Video) Try some Creative Commons searches Try some Creative Commons searches Wrap-up/Reflection Wrap-up/Reflection

Activity #2

What is Copyright?

"to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.“ - United States Constitution, Article I Section 8

Copyrightable “works of authorship” include: Literary works Musical works (including words) Drama (including music) Pantomime Choreographic works Pictorial and graphical works Sculptural works Motion pictures and other audiovisuals Sound recordings Architectural works

How long does Copyright last? Copyright originally lasted 14 years, plus an additional 14 if the Copyright registration was renewed - for a total of 28 years. Now Copyright lasts 70 years after death of an individual copyright holder. Corporations have managed to get Copyright extended to 120 years from the year initial copyright issued. Public Domain

Activity #3

Warm-up: What do these folks have in common?

Activity #4

Copyright Act of 1976 grants five rights to a copyright owner: 1.The right to reproduce the copyrighted work 2.The right to prepare derivative works based upon the work 3.The right to distribute copies of the work to the public 4.The right to perform the copyrighted work publicly 5.The right to display the copyrighted work publicly The Copyright Act also includes Section

The Doctrine of Fair Use Section 107 – Copyright Act of 1976 Criticism Comments News Reporting Teaching Research (including multiple copies for classroom use)

Determining Fair Use Nature of MaterialNature of Material Fact or fiction, degree of creativity? PurposePurpose Transformative? PortionPortion How much in relation to the whole? EffectEffect Effect of use upon potential market value?

“The Fifth Factor: Transformative Use” “When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.” -Joyce Valenza, School Library Journal transformativeness-it-may-shake-your-world/

The Doctrine of Fair Use (Video) Section 107 – Copyright Act of

“The Fifth Factor: Transformative Use” “A derivative work is transformative if it uses a source work in completely new or unexpected ways. Importantly, a work may be transformative, and thus a fair use, even when all four of the statutory factors would traditionally weigh against fair.” - University of Minnesota Parody New Technologies Other Uses

Parody? Source: grade-school-samizdat-to-art/ Source:

New Technologies Source: Amazon.com

Other Transformative Uses Source: Source: Source:

Activity #5

Group Activity - Transformative or Not? AP Photo/Manny Garcia/ Shepard Fairey

Group Activity - Transformative or Not? Web Poster Exhibition - Shepard Fairey posters for Barack Obama -

Activity #6

Guidelines for Fair Use This … versus this …

Determining Fair Use Let’s review the “Tool for Supporting the Fair Use Reasoning Process” What decision will you make? Ask for Permission Claim Fair Use Pay a License Fee Choose Another Source (Creative Commons) Source:

Activity- Determining Fair Use S1: For a media production course, students have created a music video using the Beatles' song “Strawberry Fields Forever” that features teens lip-syncing and playing air guitar along with footage of a teen couple walking hand-in- hand in a graveyard. They post the video to You Tube. S4: A group of students create a documentary about John Lennon's role as an anti-war activist, weaving old news clips from footage about the Vietnam War and clips from various Lennon songs to show how his lyrics reflected his beliefs about the war. S6: 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. S3: An educator uses a still image from the TV show Aliens in America in a slide presentation for a conference. His purpose is to illustrate a point about Pakistani immigration policy in the United States. He posts the slides online. Source:

Activity- Determining Fair Use S2: A teacher uses a copyrighted image, found on Flickr, adds the title of the school play, and uses it on a T-shirt to promote the school's upcoming dramatic production. S5: An educator embeds a political cartoon in one of her blog posts, commenting on the cartoon's relevance to the troublesome school leadership in her district. S7: Students on the Yearbook Committee create a DVD version of their yearbook and sell it to make money for the class gift. As part of their opening montage, they use AP photos and excerpts from popular music to capture the climate of the times. S8: A high school social studies teacher downloads a You Tube video that illustrates a key point about the U.S. Constitution's relevance to a current news event and makes DVD copies to share with students who don't have Internet access. Source:

What Might this Look Like in Your Classroom (Video) Understanding “Fair Use” in a Digital World - How does the opening discussion about fair use prepare students for examining the videos? How are students encouraged to defend their choices and provide evidence for their conclusions? Why is the fair use of material an important distinction for students to understand?

Activity #7

Creative Commons Movement Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools. Features free, easy-to-use copyright licenses that provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.”copyright licensessome rights reserved Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs.They work alongside copyright Wanna Work Together?

Creative Commons Movement (Video)

Creative Commons Licenses

Creative Commons Search Source:

Google makes it easy to find usage rights Source:

Wrap-up & Questions? Jay Bansbach, Program Specialist – School Libraries, MSDE Jay Bansbach, Program Specialist – School Libraries, MSDE