Fair Use Evaluator

Teacher Permission Template for Internet Resources For the last couple of days Educational Technology and Mobile Learning has been posting alot about about copyright guidelines and resources which you can check HERE if you have missed them. I am really so glad that you liked these resources and the feedback I get from you is a living proof of how engaging those materials are to you. I am also so proud of those of you who spare us a couple of minutes and write us and email or comment to share with us resources we haven't covered here. Our motto has always been collaborative knowledge-building and together we can make this platform a repository of free educational resources that any teacher from anywhere in this planet can access any time. One of my readers sent me this template to share with you and I was really surprised that I missed this awesome resource. This is only a snapshot, you need to click on the image to access the original form to use with your students.

Recut, Reframe, Recycle When college kids make mashups of Hollywood movies, are they violating the law? Not necessarily, according to the latest study (PDF) on copyright and creativity from the Center and American University's Washington College of Law. The study, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video, by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school's Program on Information Justice and Intellectual Property, shows that many uses of copyrighted material in today's online videos are eligible for fair use consideration. The study points to a wide variety of practices—satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)—all of which could be legal in some circumstances. Check out this video from Chronicle.com: Unfortunately, this emerging, participatory media culture is at risk, with new industry practices to control piracy.

Free To Use and Share: Resources To Help Teach Kids (and Adults!) About Copyright and Creative Commons I've gotten a few requests lately for resources on how to teach kids (and adults!) about copyright. I've written before about how I don't think any lesson on copyright can be effective without an emphasis on creative commons and helping students choose licenses for their own work. To that end, I've also written before about how much love Edcanvas - a tool which recently changed its name to Blendspace. Enjoy! Direct link to this blendspace.

Fair Dealing for Media Education The two-part test: exemptions To determine if something is Fair Dealing, a two-part test is applied. The first test is whether or not the use falls under one of the exemptions: research, private study, criticism or review, news reporting, parody and satire or education. Research most often involves academic research but the courts have defined it more broadly to include nearly any kind of research; for instance, posting 30-second clips of songs on a website that sold digital music was determined to be fair use because it enabled consumers to do research in deciding whether or not to buy the songs. Private study is just that: the making of a single copy for your own use (for example, photocopying or hand-copying sections of a book for reference). Criticism or review includes examples such as quoting from a novel or film (in which case the "quote" might be a video clip) in a review, or quoting from an academic work in order to argue against its point. The two-part test: Fair Dealing factors

Creating the copyright problem for teachers | Kennisland 14 oktober 2014 Last week I had the pleasure to give a talk1You can have a look at the slides I used here (Dutch only). to about 35 progressive high school teachers about Open Education, copyright and Creative Commons licenses. I have discussed this topic with teachers before, but it was the first time I came back the next day to answer any questions that arose after they had a chance to implement my tips and tricks. Thankfully, more and more teachers are taking control of their classes and personalising their lessons. The problem(s) Where most countries have exceptions and limitations implemented in national legislation with regard to education, these safeguards are often irrelevant22Teresa Nobre of CC Portugal researched exceptions and limitations in European Copyright. when the teacher shares beyond the physical classroom. The teachers’ response You start to understand why the teachers were less than happy with me last week. What can we do?

Happy Birthday Is Finally Public Domain, China's Official Linux Distro...[Tech News Digest] The song “Happy Birthday” finally enters the public domain, a look at the Linux distro the Chinese government is hoping to replace Windows with, people are watching fewer season premiers this year, Pebble’s got an attractive new watch, and a cat that is absolutely up to no good. Happy Birthday Is Now Public Domain Have you ever wondered why TV and movie characters go out of their way to avoid singing “Happy Birthday”? But no more! Eight decades later, the bogus copyright claim to "Happy Birthday" has been busted. EFF (@EFF) September 23, 2015 You can read more about this decision at the Washington Post, and you totally should. What we can do, legally, is print the lyrics to Happy Birthday, without fear of reprisal: Happy birthday to you Happy birthday to you Happy birthday dear reader Happy birthday to you! Seriously, how was that not public domain? The Operating System China Wants to Replace Windows People Are Watching Less TV Pebble’s New Watch Looks Pretty Nice

Judge Rules Warner / Chappell Doesn't Have the Rights to 'Happy Birthday' Inside every dishwasher, refrigerator, and washing machine is a little valve that directs the flow of water. For decades, most of these valves have come from a factory in the northwestern corner of Illinois, but not after today. The solenoid valve is a largely unknown but ubiquitous gadget. For decades, the majority of the world’s supply of solenoid valves came not from Chicago or China, but from a little factory in the northwestern corner of Illinois. Music Company Does Not Own 'Happy Birthday' Song Copyright, Judge Rules A federal judge on Tuesday ruled that Warner/Chappell Music does not own the copyright rights to the famous "Happy Birthday to You" song, which has become a nearly mandatory part of birthday celebrations across the country and beyond. Federal judge George H. King made the ruling Tuesday in response to a lawsuit that sought to have the song placed in the public domain. Tuesday's ruling means the song is now in the public domain and the company can no longer charge for public performances, the law firm that filed the suit said. Warner/Chappell claimed it assumed copyright of the song when it acquired Birch Tree Ltd. in 1998. King ruled that a copyright claimed by the predecessor of Birch Tree, the Clayton F. "Because Summy Co. never acquired the rights to the Happy Birthday lyrics, Defendants, as Summy Co.' The suit claims Warner/Chappell collects $2 million a year in licensing fees for the song.

Five-Minute Film Festival: Copyright and Fair Use for Educators I absolutely love it when teachers and students create, remix, and mash up media; it's a fantastic way to encourage deeper learning and media literacy. But one issue that complicates digital freedom of expression is copyright law. While many would argue that copyright law is outdated and badly in need of an overhaul, it's still critical that adults and kids alike have a basic understanding of what's legal and ethical while playing with other people's intellectual property. Here's a list of videos I collected to help you navigate the murky waters of copyright law in educational settings. Video Playlist: Understanding Copyright and Fair Use Watch the player below to see the whole playlist, or view it on YouTube. Understanding "Fair Use" in a Digital World (06:14) This excellent video by Common Sense Media and Teaching Channel shows students evaluating video remixes during a lesson in fair use. More Resources for Teaching Copyright and Fair Use

Code of Best Practices in Fair Use for Online Video • Code of Best Practices • Common Fair Use Myths • Getting to Know Your Code of Best Practices • Copyright Backgrounder • Recut, Reframe, Recycle • Unauthorized: The Copyright Conundrum in Participatory Video • The Good, The Bad and the Confusing: User-Generated Video Creators on Copyright • Latest News in Fair Use • Videos June 2008Click here to view or download a PDF of this report. Report by: The Program on Information Justice and Intellectual Property,American University Washington College of LawThe Center for Media & Social Impact,American University With funding from: The Ford Foundation,by way of the Future of Public Media Project Introduction Background Best Practices 1. 2. 3. 4. 5. 6. Conclusion Notes Common Fair Use Myths What This Is This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. What This Isn't How This Document Was Created Back to top Michael C.

Fair Use The policy behind copyright law is not simply to protect the rights of those who produce content, but to "promote the progress of science and useful arts." U.S. Const. Art. Section 107 of the Copyright Act defines fair use as follows: [T]he 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. Unfortunately, there is no clear formula that you can use to determine the boundaries of fair use. The Four Fair Use Factors 1. If you use another's copyrighted work for the purpose of criticism, news reporting, or commentary, this use will weigh in favor of fair use. In evaluating the purpose and character of your use, a court will look to whether the new work you've created is "transformative" and adds a new meaning or message. 2. 3. 4.

About the Fair Use| U.S. Copyright Office U.S. Copyright Office Fair Use Index Welcome to the U.S. The Fair Use Index tracks a variety of judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair—or not fair. The Fair Use Index is designed to be user-friendly. Although the Fair Use Index should prove helpful in understanding what courts have to date considered to be fair or not fair, it is not a substitute for legal advice. We hope you find the Fair Use Index a helpful resource. Please note that the Copyright Office is unable to provide specific legal advice to individual members of the public about questions of fair use.

Video and Copyright | Professional Tools Please note that ALA cannot give legal advice. If you need legal advice, you should contact an intellectual property attorney. For general information and guidance, you may contact Program Director Carrie Russell of the ALA Washington (DC) Office, at phone number 1-800-941-8478 or via e-mail to crussell@ala.org. See the blog sponsored by ALA's Office for Information Technology Policy in Washington, the Copyright Advisory Network: A community of librarians, copyright scholars, policy wonks. Join us. Many questions are answered on the United States Copyright Office website at Copyright.gov; see Frequently Asked Questions About Copyright and the Copyright Basics Circular (PDF). Resources and Publications for Librarians and Educators Answers to some of the most common questions concerning video and copyright have been addressed on the Ask the ALA Library Blog compiled by the ALA Library staff: Additional resources include: Use of Videotapes/DVDs/Video Files 1. 2. 3. 4.