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cory plough

Fair use and transformativeness: It may shake your world - NeverEndingSearch - Blog on ... - 0 views

  • I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context. 
  • Here's what I think I learned on Friday about fair use:
  • According to Jaszi, Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised.  People can't exercise it in a climate of fear and uncertainty.
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  • Permission is not necessary to satisfy fair use.
  • Fair use is a doctrine within copyright law that allows use of copyrighted material for educational purposes without permission from the the owners or creators. It is designed to balance rights of users with the rights of owners by encouraging widespread and flexible use of cultural products for the purposes of education and the advancement of knowledge.
  • My new understanding: I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.  Examples of transformativeness might include: using campaign video in a lesson exploring media strategies or rhetoric, using music videos to explore such themes as urban violence, using commercial advertisements to explore messages relating to body image or the various different ways beer makers sell beer, remixing a popular song to create a new artistic expression.
  • Long ago, I learned that educational use of media had to pass four tests to be appropriate and fair according to U.S. Code Title 17 107: the purpose and character of the use, including whether the use is commercial or nonprofit the nature of the use the amount of the use the effect of the use on the potential market for the copyrighted work.
  • --A Conversation about Media Literacy, Copyright and Fair Use--stirred up more cognitive disonance than I've experienced in years
  • the discussion was one of several to be held around the country designed to clear up widespread confusion and to: develop a shared understanding of how copyright and fair use applies to the creative media work that our students create and our own use of copyrighted materials as educators, practitioners, advocates and curriculum developers.
  • national code of practice
  • Jaszi points to Bill Graham Archives vs.Dorling Kindersley (2006) as a clear example of how courts liberally interpret fair use even with a commercial publisher.
  • The publisher added value in its use of the posters. And such use was transformative.
  • Here's what I think I learned on Friday about fair use: The Multimedia Fair Use Guidelines describe minimum rules for fair use, but were never intended as specific rules or designed to exhaust the universe of educational practice.  They were meant as a dynamic, rather than static doctrine, supposed to expand with time, technology, changes in practice.  Arbitrary rules regarding proportion or time periods of use (for instance, 30-second or 45-day rules) have no legal status.  The fact that permission has been sought but not granted is irrelevant.  Permission is not necessary to satisfy fair use. Fair use is fair use without regard to program or platform. What is fair, because it is transformative, is fair regardless of place of use. If a student has repurposed and added value to copyrighted material, she should be able to use it beyond the classroom (on YouTube, for instance) as well as within it.  Not every student use of media is fair, but many uses are. One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project. Students need to somehow recreate to add value.  Is the music used simply a nice aesthetic addition or does the new use give the piece different meaning? Are students adding value, engaging the music, reflecting, somehow commenting on.the music? Not everything that is rationalized as educationally beneficial is necessarily fair use.  For instance, photocopying a text book because it is not affordable is still not fair use.
  • Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised.  People can't exercise it in a climate of fear and uncertainty
Claude Almansi

Retreat of Reno's Command - C. Szwedzicki: The North American Indian Works - 0 views

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    "Collection: C. Szwedzicki: The North American Indian Works Work Record ID: 219 Reproduction Record ID: 219 Work Class: depictions Work Type: print Title: Retreat of Reno's Commnand Title Type: constructed title Title: Sioux Indian painting Title Type: collective title Measurements: 11.40 x 19.05 in (28.96 x 48.39 cm) on sheet 15.30 x 19.50 in (38.86 x 49.53 cm) Measurement Type: dimensions Material: paper (fiber product) Material Type: support Inscription: Image Top Center: Custer Battle Field / June 25 and 26 1876 / Crazy Horse Inscription: Above Image Right: 8 [Plate Number] Creator: Bad Heart Bull, Amos, 1869-1913 Creator Dates: 1869-1913 Creator Nationality: Oglala Lakota Creator Name Variant: Bad Heart Buffalo (Tatanka Cante Sice) Creator Type: personal name Creator Role: painter Date: 1938 Location: Little Bighorn Battlefield (Mont.) Repository: Archives and Rare Books Library, University Libraries, University of Cincinnati, Cincinnati, Ohio Repository Type: current repository ID Number: 8 ID Number Type: plate number ID Number: ARB RB Oversize E98.A7 S568 1938 Vol. 2 ID Number Type: call number Style Period: Plains Indian Style Period: Indian art--North America Culture: Native American Culture: Oglala Lakota Subject: Belts (Clothing) Subject: Breechcloths Subject: Face painting Subject: Feathers Subject: Fringe Subject: Leggings Subject: Moccasins Subject: Beadwork Subject: Body painting Subject: Shirts, Men's Subject: Breastplates Subject: Hair pipes Subject: Bridles Subject: Horseback riding Subject: Horses Subject: Chokers Subject: Arrows Subject: Metalwork Subject: Picture-writing Subject: Saddle blankets Subject: Indian warfare Subject: Rifles Subject: Military uniforms Subject: Sabers Subject: Bow lances Subject: Crazy Horse (Tashunca-Uitco), ca. 1842-1877 Subject: Fixed-stone-head clubs Subject: Hats Subject: Saddles Subject: Saddlebags Subject: War shirts Subject: Reno, Marcus A. (Marcus Albert), 1835-1889 Subject: Indians of North America--Wars Subj
Carl Bogardu

Welcome To The FACE Kids Site - 18 views

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    Copyright information for students
Cheri Toledo

A Fair(y) Use Tale | Stanford Center for Internet and Society - 0 views

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    Excellent mash-up covering fair use and copyright laws
Jeff Johnson

Copyright & Fair Use in Teaching Resources -- Center for Social Media at American Unive... - 0 views

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    The Center for Social Media in the School of Communication at American University, the Program on Information Justice and Intellectual Property in American University Washington College of Law, and the Media Education Lab of Temple University are conducting a project 2007-2009 to clarify fair use in media education, with support from the John D. and Catherine T. MacArthur Foundation. This project will help media literacy educators understand their rights under the doctrine of fair use in order to help them more effectively use media as an essential part of their teaching.
Dean Mantz

Technology in the Middle » Blog Archive » Citizenship in the Digital Age - 17 views

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    Via @pcwoessner on Twitter. Great development of Digital Citizenship/Internet Safety resources. He has combined NETS-S, Ribble & Bailey's Digital Citizneship in Schools, iKeepSafe C3 Matrix, Microsoft's Digital Citizenship & Creative Content, and SimpleK12's Protecting Students in the 21st Century.
Judy Lambert

YouTube - Copyright and Fair Use - 9 views

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    Video
Ted Sakshaug

Google Reader (73) - 0 views

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    PodSafe Audio is a community of musicians who create music and share it for the purpose of fair-use in podcasts.
Nelly Cardinale

WHEN WORKS PASS INTO THE PUBLIC DOMAIN - 0 views

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    Public domain guideline from the Univ of North Carolina
Dennis OConnor

Code of Best Practices in Fair Use for Media Literacy Education - 4 views

  • Code of Best Practices in Fair Use for Media Literacy Education
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    The Center for Social Media is a project of the School of Communication at the American University in Washington, D.C. The Center in conjunction with the Media Education Lab at Temple University in Philadelphia and The Program on Information Justice and Intellectual Property, a project of the Washington College of Law at the American University in Washington D.C. has developed a Code of Best Practices in Fair Use for Media Literacy Education. The National Council of Teachers of English is signatory to the document, along with various other legal and educational groups. The code was funded by The John D. and Catherine T. MacArthur Foundation and The Ford Foundation through the Future of Public Media Project. (Annotation by Larry Michaud - UW-Stout E-Learning Practicum)
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