1. Conquring Copyright
Confusion:
The Future of intellectual property in a Remix
Generation
PETE & C 2010
Kristin Hokanson
http://ning.peteandc.org/profile/KristinHokanson
21. The Doctrine of Fair Use
--Section 107
Copyright Act of 1976
22. The Doctrine of Fair Use
Criticism, comment, news
reporting, teaching, scholarship,
research
… but also many forms of
creative work that advance and
spread innovation
--Section 107
Copyright Act of 1976
23. The Doctrine of Fair Use
--Section 107
Copyright Act of 1976
24. The Doctrine of Fair Use
Fair use of copyrighted materials is
allowed when the benefits to society
outweigh the private costs
to the copyright holder
--Section 107
Copyright Act of 1976
25. The Doctrine of Fair Use
Fair use of copyrighted materials is Fair use prevents
allowed when the benefits to society copyright law from becoming
outweigh the private costs a form of
to the copyright holder private censorship
--Section 107
Copyright Act of 1976
26. The effective use of copyrighted
materials enhances the teaching
and learning process.
29. 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?
31. An Example of Transformative Use
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
37. The effective use of copyrighted
materials enhances the teaching
and learning process.
38. Does following “rules” for
Educational Guidelines
require students to think
critically about the
Copyrighted materials they are using?
39. Does following “rules” for
Educational Guidelines
require students to think
critically about the
Copyrighted materials they are using?
40. Excerpts from:
http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html
http://www.youtube.com/watch?v=TPAO-lZ4_hU An anthropological introduction to YouTube
42. 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
43. Does requiring students to use
ONLY Creative Commons content
require students to think
critically about the
Copyrighted materials they are using?
44. Does requiring students to use
ONLY Creative Commons content
require students to think
critically about the
Copyrighted materials they are using?
52. 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.
53. Fair Use Reasoning tells me...
• Claim Fair Use
• Ask permission
• Buy a License
• Use another Copyright Friendly source
55. Fair Use Reasoning tells me...
• Claim Fair Use
• Ask permission
• Buy a License
• Use another Copyright Friendly source
56. Practice exercising your
Fair Use Muscles...
•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?
58. Video Case Studies
Elementary School Case Study:
P.S. 124 The Silas B. Dutcher School
Brooklyn, NY
High School Case Study:
Upper Merion Area High School
King of Prussia, PA
College Case Study:
Project Look Sharp at Ithaca College
Ithaca, NY
small groups discuss...what terms arose in the conversation
What IS the purpose of copyright
Government can establish a copyright system 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.
What are our kids being taught? When? How?
Discuss in small groups
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
It’st time for educators to get smarter about their rights under the law
About c & fair use and how it relates to our work
It’st time for educators to get smarter about their rights under the law
About c & fair use and how it relates to our work
Introduce users rights video as a way to teach kids to start to think about the 4 factors of fair use.
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
willfully ignorant of the law
When should we think about use of Creative Commons Resources....
all it does is give kids right to copy & paste
Talk about the process and discuss involvement.
MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use
Talk about the process and discuss involvement.
MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use
Talk about the process and discuss involvement.
MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use
Talk about the process and discuss involvement.
MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use
SMALL GROUP discuss after video.
Darfur Video...
Watch & analyze in small group
SCENARIOS....
Break into groups by level...how did the teachers in the video exercise their rights to fair use....