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D ON ’ T RUN AWAY FROM C OPYRIGHT AND F AIR U SE ! Pascale Viala Library Associate Atlanta International School
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A RE YOU CONFUSED ABOUT C OPYRIGHT AND F AIR U SE ? Don’t fear anymore copyright and fair use concept because of misconceptions and litigation risks. Don’t miss learning opportunities because you don’t understand copyright and fair use. Embark our journey to copyright and fair use “land” to get familiar.
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C OPYRIGHT IS A F EDERAL L AW OF 1976 Protecting and rewarding original and creative expressions of right holders. Encouraging availability of works to public. Facilitating access and use of copyrighted works to public to encourage and promote: Use of knowledge Flow of information Creativity & Innovation Learning Freedom of speech
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5 E XCLUSIVE RIGHTS OF COPYRIGHT HOLDERS Only the copyrighted work owners can Reproduce Derivate Distribute Display Perform
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P UBLIC D OMAIN Works that can be used by anybody without asking permission nor paying fees Works in Public Domain: Facts Published in U.S. before 1923 Copyrights expired Copyright terms Published in U.S. before 1923 Life of the author plus 70 years.
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C OPYRIGHT M ISCONCEPTIONS #1 - Purpose of the Copyright law is to compensate monetarily authors and creators for the work they create. #2 – Copyright law is a set of rules to follow to avoid copyright infringements. #3 – Fair Use is too difficult to understand and apply.
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F AIR U SE Part of section 107 of 1976 copyright law. Use of copyrighted works without asking permission from the copyright holder for teaching, criticism, scholarship or research purpose. A legal defense in case of copyright infringement.
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F AIR U SE – P RACTICE PANE Requires to be exercised and weighted according 4 factors: P urpose A mount N ature E ffect
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P URPOSE Ask the question: What is the purpose and primary objective of the use? FAIR USE Educational: Learning Non Profit NON FAIR USE Non Educational: Recreation- Entertainment Commercial
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A MOUNT Ask the question: What amount of the copyrighted work will be used? FAIR USE Small portion Non essential parts of the work NON FAIR USE Large portion or entire work “Heart” of the work
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N ATURE Ask the question: What is the nature of the publication used? FAIR USE Published Factual work NON FAIR USE Unpublished Fictional work
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E FFECT Ask the question: What is the effect on the market for the work? FAIR USE Obscure work No revenues NON FAIR USE Commercially available work Royalties
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F AIR U SE EXAMPLE : P RINT A Language Art teacher makes copies of two poems from an anthology for a poetry class. The anthology was purchased by the school.
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F AIR U SE E XAMPLE 2 : M USIC A 5K teacher uses a children’s song to play in class and at home in order to introduce her new unit of inquiry about houses and how people adapt and survive in different regions of the world. The song will be posted on the teacher website for the time of the unit. The song was purchased.
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F AIR U SE E XAMPLE 3 : V IDEO / DVD A language teacher shows a copyrighted movie from a book the students are studying in class. The movie is shown in 3 classes in the original language without subtitles for the purpose of practicing listening. Students have to write a paragraph about each section of the movie.
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F AIR U SE E XAMPLE 4 – D IGITAL IMAGE In History class, a 4 th grade teacher selects a series of digital images of painting, objects, documents to illustrate different forms of government system and people who influenced the French history from Louis XIV to now.
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T RANSFORMATIVE U SE Secondary uses of works that are: Innovative Add value Produce new meaning Repurpose or Recontextualize
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T RANSFORMATIVE U SE E XAMPLE After studying poems of several French poets, a language teacher records the poems to help the students memorizing them with the right rhythm and the right accent. The teacher asks the students to practice and record the poem they selected. The students’ audio poems will be displayed in QR codes in the library during the poetry week.
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C OPYRIGHT R ESOURCES Teaching Copyright Teaching Copyright : A great website which provides a curriculum and resources to anyone who wants to teach Copyright. In addition to the 5 lessons curriculum, you will find a ton of resources: book references, videos, blogs, and websites... http://www.teachingcopyright.org
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C OPYRIGHT R ESOURCES This Edutopia page “Five-Minute Film Festival: Copyright and Fair Use for Educators” collects a playlist of 9 short videos which will be useful tools when addressing or teaching Copyright and Fair Use with students and teachers, in a visual and sometime funny format. http://www.edutopia.org/blog/film-festival-copyright-fair-use
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E DUCATORS ’ E THICAL R ESPONSIBILITY Respect ALA Code of Ethics Serving as role model in the school community Practicing Fair Use “openly” & “loudly” when using information, ideas and copyrighted works.
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C ONCLUSION “Understanding copyright is a process, not a one time event…” Carrie Russell So, let’s… Continue to talk about Copyright and Fair Use with no fear. Practice the PANE factors every time we use copyrighted work. Model ethical responsibility Don’t hesitate to contact me for any copyright and fair use advice: Pascale Viala - pviala@aischool.org
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W ORK CITED Adams, Helen. "Module 1: Introduction to Copyright in Education & School Libraries." Desire2learn LSC 5546, Current School Library Issues: Legal & Ethical Perspectives. Mansfield University, n.d. Web. 14 Feb. 2015. Bennett, Hunter. "Rat Poison, a poem by Dax Riggs." Flickr.com. N.p., n.d. Web. 15 Feb. 2015.. Finley, Jennifer. "Movie Night." Flickr.com. N.p., n.d. Web. 15 Feb. 2015.. H, Chrissy. "Copyright Wordle." Flickr.com. N.p., 1 Apr. 2009. Web. 9 Feb. 2015.. Kubina, Jeff. "Yellow Note." Flickr.com. N.p., n.d. Web. 15 Feb. 2015.. Rigaud, Hyacinthe. Louis XIV. 1701. Bridgeman Art Library. Encyclopædia Britannica ImageQuest. Web. 15 Feb. 2015.. Russell, Carrie. Complete Copyright for K-12 Librarians and Educators. Chicago: ALA, 2012. Print. Victor Hugo - title. N.d. Universal Images Group. Encyclopædia Britannica ImageQuest. Web. 15 Feb. 2015. >.
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