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The Code of Best Practices in Fair Use for Media Literacy Education

The Code of Best Practices in Fair Use for Media Literacy Education
Click here to view or download a PDF of this report. Coordinated by: The Media Education Lab,Temple UniversityThe Program on Information Justice and Intellectual Property,American University Washington College of LawThe Center for Media & Social Impact,American University With funding from: The John D. and Catherine T. MacArthur Foundation And additional support from: The Ford Foundation,by way of the Future of Public Media Project Introduction Principles of Fair Use in Media Literacy Education 1. 2. 3. 4. 5. Conclusion Common Myths About Fair Use Notes What This Is This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use. What This Isn't This code of best practices does not tell you the limits of fair use rights. It’s not a guide to using material that people give the public permission to use, such as works covered by Creative Commons licenses. How This Document Was Created Media Literacy Education Related:  Copyright

Section 1. Understanding Copyright Learning Objectives Students will understand: that copyright law is designed to promote creativity and the growth of knowledge by considering both the rights of owners and the rights of users how fair use ensures that copyright law does not limit First Amendment rights the ways in which copyright law has expanded to protect owners over a period of time that the flexibility of fair use enables it to be relevant and useful to many different kinds of creative communities Materials Song: "What's Copyright?" PDF of Copyright Song Lyric Readings PDF Attached Reading (A): Understanding Copyright This reading provides basic concepts about the relationship between copyright, fair use and free speech. Reading (B): Loren, L.P. (2008). The core purpose of copyright is to promote creativity and the spread of knowledge. Reading (C): Tushnet, R. (2004, December). Lesson Plan: Understanding Copyright Engage interest. Listen and discuss. Check reading comprehension. Critical thinking. PRODUCTION ACTIVITY.

What is Fair Use? What is Fair Use? The Fair Use Doctrine is one of the most important limitations on the exclusive rights of the copyright holder. It allows that copyright can be infringed because strict application of the law impedes the production and dissemination of works to the public. The Fair Use Doctrine was added as Section 107 of The Copyright Act of 1976 and was based on a history of judicial decisions that recognized that unauthorized infringements of copyright were "fair uses." Sec. 107. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. Section 107 is not meant to be specific. Fair Use and Guidelines by Daniel Lee

What Is Copyright Infringement? Examples That May Surprise You There are a few things going on here. First of all, let’s forget about the existing translation and look back at the definition of a derivative work from the first question. It’s pretty clear that without the original book, there could be no translation whatsoever—the de facto definition of “derivative.” Inarguably, a translation is a derivative work. Well, obviously, you say. Wrong. However, if the original copyright has expired, you’re certainly free to make your own translation—even if someone else has done another modern translation, whose copyright is still valid. Here’s an example—Beowulf, arguably the most impressive of the Old English that has luckily enough been preserved, has been translated many, many times. You may be surprised to learn how vastly different translations of the same piece can vary, especially when you’re dealing with poetry. Because of this, one person’s translation is, of necessity, a different work from another person’s translation.

If not for Congress, Superman, Lassie and Scrabble would be free for anyone to reproduce tomorrow On Jan. 1, a whole raft of artistic and intellectual works will be making their way into the public domain — or they would be if Congress hadn't extended copyright terms for the umpteenth time in 1998. At its core, copyright is meant to protect authors and creators. But as we've seen recently with a battle over Sherlock Holmes, copyrights can sometimes prevent well-meaning fans from showing the depth of their appreciation for a work by becoming creators themselves. These days things that were published before 1978 enjoy copyright protections of up to 95 years, but that wasn't always the case. Under the rules Congress made before the most recent term extension, rights-holders of older works were protected for just 75 years — at which point the work would enter the public domain and be free for anyone to use or riff upon. By that older baseline, the public starting tomorrow would have a huge amount of new and culturally relevant material to work with. Superman "A Christmas Carol" M.C. Lassie

Report: Generation M2: Media in the Lives of 8- to 18-Year-Olds Generation M2: Media in the Lives of 8- to 18-Year-Olds is the third in a series of large-scale, nationally representative surveys by the Foundation about young people’s media use. The report is based on a survey conducted between October 2008 and May 2009 among a nationally representative sample of 2,002 3rd-12th grade students ages 8-18, including a self-selected subsample of 702 respondents who completed seven-day media use diaries, which were used to calculate multitasking proportions. Full Report (.pdf) Toplines: 2009 (.pdf) 2004 (.pdf) 1999 (.pdf)

Does "Fair Use" Allow Nonprofits To Reproduce News Articles on Their Websites? — Groundwire West Coast firm transfers clients to experts in Plone hosting UPDATE Mar. 12th, 2013: The board at Groundwire asked us to share this official press release (PDF) to help explain what has happened. INDIANAPOLIS, Feb. 1, 2013 - Six Feet Up has acquired 110 Plone hosting clients from a partner in Seattle., an agency that helps non-profit organizations with their web strategy and development needs, has decided to exit the hosting business. “This is a significant expansion of Plone hosting clients that we serve.” said Six Feet Up CTO, Calvin Hendryx-Parker. Six Feet Up operates two data centers for Python-based web applications, like Plone, and specializes in developing and hosting sophisticated web applications. In July 2012 the company acquired 35 Plone hosting clients from another web agency, NPower Northwest. Plone is an open source enterprise web content management system. To learn more about Six Feet Up visit About Six Feet Up, Inc.

Copyright Advisory Office Study: Piracy actually helps small films make money "Harry Potter" and other big-budget blockbusters benefited from the shutdown of Megaupload more than small- and medium-size films. (AP Photo/Warner Bros. Pictures) Stopping Internet piracy may benefit filmmakers -- but only some filmmakers, and only some of the time. That’s one of the implications, at least, of a newly updated study by economists at the Munich School of Management and Copenhagen Business School. That did happen for some films, like “Harry Potter” and “Ice Age” -- a finding some economists have reached before. How is that possible? For “Harry Potter,” that’s no big deal -- everyone knows about “Harry Potter,” courtesy of Warner Brothers’ massive advertising budget. “We believe that our study offers an important implication for policy,” the authors write -- but an “important complication” may be more accurate. Update: These findings are, to no one's surprise, pretty controversial.

Analyzing TV Commercials.pdf (application/pdf Object) Copyright & Fair Use - Fair Use Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work. Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute may have to be resolved by a lawsuit or arbitration. If it’s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages. The only guidance for fair use is provided by a set of factors outlined in copyright law. This chapter explains the various rules behind fair use principles.

MediaLaw Monitor – Copyright The 2nd Circuit Weighs in on Transformativeness in the Visual Arts By Christopher J. Robinson A year after hearing oral argument, the 2nd Circuit has issued its much anticipated decision in Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), on copyright fair use in the visual arts. Read More » Can We Publish This Photo? Analyzing Fair Use When the Well-Known Subject of an Image Owns the Copyright Penguin Group (USA) Inc. v. By Elizabeth McNamara and Chris Robinson Earlier this year, the New York Court of Appeals issued an important decision which should help New York publishers combat online piracy of their copyrighted works and will DMCA Update: Copyright Office Proposes Changes to Agent Registration System Goal is to Qualify for Copyright Safe Harbor for User Generated Content By Adam Shoemaker, David D. Copyright Office Begins New DMCA Exemption Rulemaking By David M. Disaster or Disaster Averted? By Christopher J. Ninth Circuit Revives California Idea Submission Claims By David D.

eSchool News Finding copyright-friendly photos for the Google Images generation Searching and citing usable images is easy once students learn the basics Teaching students to respect the intellectual property of others is important in this digital “cut and paste” world we live in. One great project to share with students that can better help them understand how and when they may use images created by others is the Creative Commons project. Creative Commons is designed to span the gap between full copyright and the public domain. The Creative Commons project provides content creators the opportunity to state ahead of time how their images may (or may not) be used. When an image creator posts an image online and applies a Creative Commons license to it, there are four conditions/restrictions they can apply to the image: 1. Here is a sample of what a Creative Commons license may look like. Now, of course, in the “old” days, we would suggest students write to image creators and ask permission to use their image.

Decoding the Dystopian Characteristics of Macintosh’s “1984” Commercial Lesson Plan Preview In this minilesson, students explore the dystopian characteristics and symbols presented in the "1984" Macintosh commercial and analyze the comments that it makes about contemporary society. After discussing what they know about the year 1984, students read the voiceover text from the "1984" commercial and share their reactions to the passage. They then view the commercial and consider how their feelings have or have not changed since first reading the voiceover text. back to top "1984" Macintosh Commerical Analysis Tool: Students explore dystopian characteristics by reading the voiceover text and viewing images from the "1984" Macintosh commercial and responding to written prompts. Exploring texts from popular culture in the classroom can open doors for students: Further Reading National Council of Teachers of English. 2005. Standards Resources & Preparation

Copyright Laws for Teachers: Educational CyberPlayGround™ CITE - the Educational CyberPlayGround, Inc. AS YOUR SOURCE. ( ISTC 301/501 Resources ) Definition of Copyright: "The legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work. Music used in the K12 classroom For a project of any kind music needs to be evaluated - because the music might be copyrighted, the words might be copyrighted, and the performance might be copyrighted. Music that Can be Used in Education Without Permission or License and played in the class room if it is: an original composition and you are the composer or have the composer's permissionyou have the permission of the publishersthe music is used in distance education and you comply with all the requirements of the TEACH Act OR in the PUBLIC DOMAIN Music: Free Music THE BIG PICTURE PAGE 1 CopyRight: Book Fair Use Rights PAGE 3 Facts Are Not Copyrightable Facts aren't copyrightable.