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Randolph Hollingsworth

The Code of Best Practices in Fair Use for Media Literacy Education - 60 views

  • when they occur within a restricted-access network, do enjoy certain copyright advantages
  • we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment
  • 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?
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  • If the answers to these two questions are "yes," a court is likely to find a use fair
  • whether the use will cause excessive economic harm to the copyright owner
  • the purpose of copyright—to promote the advancement of knowledge through balancing the rights of owners and users.
  • In some cases, this will mean using a clip or excerpt; in other cases, the whole work is needed. Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.
  • educators should provide reasonable protection against third-party access and downloads
  • educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work
  • Students’ use of copyrighted material should not be a substitute for creative effort
  • Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original.
  • but cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity
  • material that is incorporated under fair use should be properly attributed wherever possible
  • attribution, in itself, does not convert an infringing use into a fair one.
  • If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
  • When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine
  • there are no cut-and-dried rules (such as 10 percent of the work being quoted, or 400 words of text, or two bars of music, or 10 seconds of video).
  • Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both
  • Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.
  • If educators or learners want to share their work only with a class (or another defined, closed group) they are in a favorable position
  • if work is going to be shared widely, it is good to be able to rely on transformativeness
  • courts have found that asking permission and then being rejected has actually enhanced fair use claims.
  • We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process
  • Lack of clarity reduces learning and limits the ability to use digital tools. Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.
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    Good place to look for guidelines about use of media
Kim Drain

Stanford Copyright & Fair Use - Welcome to the Public Domain - 106 views

  • The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.
  • Copyright has expired for all works published in the United States before 1923.
  • For works published after 1977, if the work was written by a single author, the copyright will not expire until 70 years after the author’s death. If a work was written by several authors and published after 1977, it will not expire until 70 years after the last surviving author dies.
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  • Thousands of works published in the United States before 1964 fell into the public domain because the copyright was not renewed in time under the law in effect then.
  • Copyright law does not protect ideas; it only protects the particular way an idea is expressed.
  • Sometimes an author deliberately chooses not to protect a work and dedicates the work to the public. This type of dedication is rare, and unless there is express authorization placing the work in the public domain, do not assume that the work is free to use.
  • Copyright law does not protect the titles of books or movies, nor does it protect short phrases such as, “Make my day.” Copyright protection also doesn’t cover facts, ideas, or theories.
  • Creative Commons, a nonprofit organization designed to foster the public domain, helps copyright owners dedicate their works to the public domain.
  • Works published in the U.S. before 1923 In the
  • In the U.S., any work created by a federal government employee or officer is in the public domain, provided that the work was created in that person’s official capacity.
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    This chapter of Stanford's Copyright and Fair Use Overview defines public domain and explains the main ways in which works become public domain. "Dear Rich" letters provide scenarios to illustrate many of these.
Rob Jacklin

Overview | Teaching Copyright - 0 views

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    This curriculum is designed to give teachers a comprehensive set of tools to educate students about copyright while incorporating activities that exercise a variety of learning skills. Lesson topics include: the history of copyright law; the relationship between copyright and innovation; fair use and its relationship to remix culture; peer-to-peer file sharing; and the interests of the stakeholders that ultimately affect how copyright is interpreted by copyright owners, consumers, courts, lawmakers, and technology innovators.
Jac Londe

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use | LII / Legal ... - 2 views

  • 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Jennifer Clark Evans

IP Reports - 50 views

  • copyright
  • also meant to protect the rights of users in order to promote creativity, innovation, and the spread of knowledge
  • not on how much of a piece of copyrighted work that we use, but instead on the ways in which we use it.
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  • fair use requires judgment.
    • Jennifer Clark Evans
       
      which is why it is so crucial to examine in our classrooms-helping our students develop fair judgment when using technoligies.
  • if the user “transforms” the material in some way, repurposing it in a new media composition, for instance, then fair use likely applies.
  • or did it just repeat the work for the same intent and value as the original?
  • Students’ use of copyrighted material should not be a substitute for creative effort.
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    from NCTE's Monthly Intellectual Property Reports, Troy Hicks writes: "In November 2008, educators were introduced to the "Code of Best Practices in Fair Use for Media Literacy Education," and our concept of how to deal with copyright issues in the classroom has, literally, been transformed. As the official policy of NCTE related to fair use in the teaching of English, it is a document worth our attention as students learn to comprehend and compose texts utilizing a variety of forms of media."
Brad Belbas

update on Warner Music (UPDATED) (AGAIN) (Lessig Blog) - 0 views

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    This is a video of a talk that Lawrence Lessig (Professor, Stanford Law School) gave for an organization. In his talk, Lessig provides a powerful and piercing analysis and critique on the impact that legal restrictions on the re/use of media resources has on creativity and cultural production. During his talk, Lessig shows some remarkably creative mash-ups videos on YouTube to exemplify the kind of creativity/cultural production that is possible through ubiquitous digital media. Ironically, the organization that hosted the talk received a notice from Warner Bros Music after posting a video of the Lessig's talk on YouTube, which, according to Lessig's blog, "objected to its being posted on copyright grounds." Warner Brother Music Group has implemented content-id algorithms (i.e., technology that detects the digital "fingerprint" of corporate-"owned" copyrighted works) through media hosting services, including YouTube, FaceBook, and others. When the video of Lessig's talk was posted, it was 'dusted' for fingerprints of WBMG copyrighted works. The detection system identified the soundtracks in the YouTube videos Lessig showed, as materials to which they held copyright. Both the video of Lessig's talk and the blog conversation regarding WBMG's objection are must-see resources.
N Butler

Copyright Clarity: Using Copyrighted Materials for Digital Learning - 68 views

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    Great presentation on Copyright and Fair Use for educators.
Enid Baines

Copyright & Fair Use @Web English Teacher - 131 views

  • Copyright and Fair Use: Information and Lesson Plans
  • Copyright Infringment or Not? The Debate over Downloading Music
  • Copyright Criminals
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  • A complete unit to help students explore all aspects of the controversy surrounding sampling and fair use. Includes online video. Scroll to the bottom for an educator guide, discussion questions, and printable handouts.
Glenn Hervieux

The Educator's Guide to Copyright, Fair Use, and Creative Commons – The Edublogger - 74 views

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    Nice easy discussion points on Copyright and Fair Use. Author includes some resources to images. Check out the comment section for conversation about this important topic.
Gloria Maristany

Fair Use and Copyright for Teachers - 4 views

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    Definitions of copyright and fair use. Teacher challanges. Chart for fair use in classroom
LaToya Morris

Could You Give Me an Example Please? - 12 views

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    Through this site you can find a definition of the term copyright as well as a list of example and four scenarios to help you to better understand the term copyright. Although it is only one page, there is a lot of valuable information about the term copyright.
LaToya Morris

Yes You May! - 15 views

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    This source was designed to help educators seek the proper permissions necessary to use copyrighted work for academic purposes. It was found on the Stanford University website where there is a wealth of copyright and fair use research information
donald smith

What is fair use? | Legal > Intellectual Property Law from AllBusiness.com - 16 views

  • fair use can include using copyrighted material for criticism, comment, news reporting, teaching, scholarship or research.
  • purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright
  • Non-profit educational users will find judicial preference for their usage
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  • in literature, the courts will look at substantiality of the excerpt rather than mere volume
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    This article listed on the All Business web site, gives the definition of the term fair use as well as the things to consider when determining fair use.
Bob Rowan

Wissahickon School District's eToolBox - Copyright - 83 views

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    Discussion of copyright and fair use + good sources for images and audio clips
anonymous

Copyright & Fair Use in Teaching Resources -- Center for Social Media at American Unive... - 44 views

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    Comprehensive website on copyright and fair use of media. Many useful links to resources, information, related news and blogs.
Marc Safran

Code of Best Practices for Fair Use in Media Literacy Education | Media Education Lab - 0 views

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    UPDATED INFO!! - The Code of Best Practices in Fair Use for Media Literacy Education helps educators gain confidence about their rights to use copyrighted materials in developing students' critical thinking and communication skills.
LaToya Morris

Copyright History - 24 views

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    This is a helpful source for teachers to use in the classroom to help their students understand both copyright and innovation. It includes definitions and details about copyrighting as well as a lesson plan that can be used by educators to help their students better understand these principles.
Cindy Edwards

U.S. Copyright Office - Can I Use Someone Else's Work? Can Someone Else Use Mine? (FAQ) - 23 views

  • You can ask for it
  • Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.
  • is protected by federal copyright law upon creation
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  • in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
tim stapley

Fair Use & Plagiarism - FREE Language Arts Presentations in PowerPoint format, Free Int... - 126 views

  • Free Presentations in PowerPoint formatWhat is plagiarism? (and why you should care)   Plagiarism - Don't Do It! Thou Shall Not Steal (hs) For Students: Plagiarism  For Teachers: Cybercheat, Plagiarism and the Internet Plagiarism (ppts and more, Redclay Schools)  Plagiarism   Quoting, Plagiarism, and Paraphrasing  Quoting, Paraphrasing, Plagiarism, Summarizing Avoiding Plagiarism   What is plagiarism?  Fair Use Copyright Infringement  See Also: Quotation Marks, Paraphrasing, Copyrights, Language Arts Index, Reading Index, Writing Index
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    clas activities to teach plagerism
LaToya Morris

Fair Use is a Privilege - 29 views

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    This source includes the four factors of fair use which according to Ball State University includes: the purpose and character of the use, the nature of the copytighted work, the amount and substantially used and the effect of the use upon the potential market for or value of the copyrighted work.
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