Group items tagged

The ACLS Commission on Cyberinfrastructure’s report points to five manifestations of digital scholarship: collection building, tools to support collection building, tools to support analysis, using tools and collections to produce “new intellectual products,” and authoring tools. 

Tara McPherson, the editor of Vectors, offered her own “Typology of Digital Humanities”: •    The Computing Humanities: focused on building tools, infrastructure, standards and collections, e.g. The Blake Archive •    The Blogging Humanities: networked, peer-to-peer, e.g. crooked timber •    The Multimodal Humanities: “bring together databases, scholarly tools, networked writing, and peer-to-peer commentary while also leveraging the potential of the visual and aural media that so dominate contemporary life,” e.g. Vectors

My initial diagram of digital scholarship pictured single-headed arrows linking different approaches to digital scholarship; my revised diagram looks more like spaghetti, with arrows going all over the place.  Theories inform collection building; the process of blogging helps to shape an argument; how a scholar wants to communicate an idea influences what tools are selected and how they are used.

I looked at 5 categories: archival resources as well as primary and secondary books and journals.   I found that with the exception of archival materials, over 90% of the materials I cited in my bibliography are in a digital format.  However, only about 83% of primary resources and 37% of the secondary materials are available as full text.  If you want to do use text analysis tools on 19th century American novels or 20th century articles from major humanities journals, you’re in luck, but the other stuff is trickier because of copyright constraints.

I found that there were some scanning errors with Google Books, but not as many as I expected. I wished that Google Books provided full text rather than PDF files of its public domain content, as do Open Content Alliance and Making of America (and EAF, if you just download the HTML).  I had to convert Google’s PDF files to Adobe Tagged Text XML and got disappointing results.  The OCR quality for Open Content Alliance was better, but words were not joined across line breaks, reducing accuracy.  With multi-volume works, neither Open Content Alliance nor Google Books provided very good metadata.

To make it easier for researchers to discover relevant tools, I teamed up with 5 other librarians to launch the Digital Research Tools, or DiRT, wiki at the end of May.

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