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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
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Code of Best Practices in Fair Use for Media Literacy Education - 1 views

  • Fair use is the right to use copyrighted material without permission or payment under some circumstances -- especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question -- as it does for certain narrowly defined classroom activities.
  • guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
  • code of best practices does not tell you the limits of fair use rights. Instead, it describes how those rights should apply in certain recurrent situations.
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  • Media literacy education distinctively features the analytical attitude that teachers and learners, working together, adopt toward the media objects they study. The foundation of effective media analysis is the recognition that: All media messages are constructed.Each medium has different characteristics and strengths and a unique language of construction.Media messages are produced for particular purposes.All media messages contain embedded values and points of view.People use their individual skills, beliefs and experiences to construct their own meanings from media messages.Media and media messages can influence beliefs, attitudes, values, behaviors, and the democratic process. Making media and sharing it with listeners, readers, and viewers is essential to the development of critical thinking and communication skills. Feedback deepens reflection on one’s own editorial and creative choices and helps students grasp the power of communication.
  • 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.
  • Educators and learners in media literacy often make uses of copyrighted materials that stand far outside the marketplace, for instance, in the classroom, at a conference, or within a school-wide or district-wide festival. Such uses, especially when they occur within a restricted-access network, do enjoy certain copyright advantages.
  • Law provides copyright protection to creative works in order to foster the creation of culture. Its best known feature is protection of owners’ rights. But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture.
  • In reviewing the history of fair use litigation, we find that judges return again and again to two key questions: 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? If the answers to these two questions are "yes," a court is likely to find a use fair. Because that is true, such a use is unlikely to be challenged in the first place.
  • Both key questions touch on, among other things, the question of whether the use will cause excessive economic harm to the copyright owner. Courts have told us that copyright owners aren’t entitled to an absolute monopoly over transformative uses of their works.
  • Another consideration underlies and influences the way in which these questions are analyzed: whether the user acted reasonably and in good faith, in light of general practice in his or her particular field.
  • Code of Best Practices in Fair Use for Media Literacy Education
  • Through its five principles, this code of best practices identifies five sets of current practices in the use of copyrighted materials in media literacy education to which the doctrine of fair use clearly applies. These practices are associated with K–12 education, higher education, and in classes given by nonprofit organizations. When students or educators use copyrighted materials in their own creative work outside of an educational context, they can rely on fair use guidelines created by other creator groups, including documentary filmmakers and online video producers.
  • These principles apply to all forms of media.
  • The principles apply in institutional settings and to non-school-based programs. 
  • The principles concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired. 
  • where a use is fair, it is irrelevant whether the source of the content in question was a recorded over-the-air broadcast, a teacher’s personal copy of a newspaper or a DVD, or a rented or borrowed piece of media. Labels on commercial media products proclaiming that they are “licensed for home [or private or educational or noncommercial] use only” do not affect in any way the educator’s ability to make fair use of the contents—in fact, such legends have no legal effect whatsoever. (If a teacher is using materials subject to a license agreement negotiated by the school or school system, however, she may bebound by the terms of that license.)
  • The principles are all subject to a “rule of proportionality.” 
  • fairness of a use depends, in part, on whether the user tookmore than was needed to accomplish his or her legitimate purpose.
  • PRINCIPLES
  • ONE:  Employing Copyrighted Material in Media Literacy Lessons
  • TWO:  Employing Copyrighted Materials in Preparing Curriculum Materials
  • THREE:  Sharing Media Literacy Curriculum Materials
  • In materials they wish to share, curriculum developers should beespecially careful to choose illustrations from copyrighted media that are necessaryto meet the educational objectives of the lesson, using only what furthers theeducational goal or purpose for which it is being made.
  • FOUR:  Student Use of Copyrighted Materials in Their Own Academic and Creative Work
  • Students should be able to understand and demonstrate, in a mannerappropriate to their developmental level, how their use of a copyrighted workrepurposes or transforms the original. For example, students may use copyrightedmusic for a variety of purposes, but cannot rely on fair use when their goal is simplyto establish a mood or convey an emotional tone, or when they employ popular songssimply to exploit their appeal and popularity.
  • FIVE:  Developing Audiences for Student Work
  • If student work that incorporates, modifies, and re-presents existingmedia content meets the transformativeness standard, it can be distributed to wideaudiences under the doctrine of fair use.
  • Educators and learners in media literacy often make uses of copyrighted works outside the marketplace, for instance in the classroom, a conference, or within a school-wide or district-wide festival. When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine.
  • Especially in situations where students wish to share their work more broadly (by distributing it to the public, for example, or including it as part of a personal portfolio), educators should take the opportunity to model the real-world permissions process, with explicit emphasis not only on how that process works, but also on how it affects media making.
  • The ethical obligation to provide proper attribution also should be examined.
  • This code of best practices, by contrast, is shaped by educators for educators and the learners they serve, with the help of legal advisors. As an important first step in reclaiming their fair use rights, educators should employ this document to inform their own practices in the classroom and beyond
  • MYTH:  Fair Use Is Just for Critiques, Commentaries, or Parodies. Truth:  Transformativeness, a key value in Fair use law, can involve modifying material or putting material in a new context, or both. Fair use applies to a wide variety of purposes, not just critical ones. Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a Fair use, for example. Indeed, the Copyright Act itself makes it clear that educational uses will often be considered Fair because they add important pedagogical value to referenced media objects.
  • So if work is going to be shared widely, it is good to be able to rely on transformativeness. As the cases show, a transformative new work can be highly commercial in intent and effect and qualify under the fair use doctrine.
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    Great article outlining copyright, fair use and explaning the 5 principles of fair use in education.
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copyrightconfusion - Reasoning - 9 views

  • How do I know if my use is a fair use? This tool has been developed to help teachers and students reason through the fair use process. You can see an example of how this tool is being used HERE
  • Use the form online The data from this form feeds into a google spreadsheet so you can compare how individuals or groups reason the fair use of copyrighted material in a work. If you would like to use this form in your work you can click here. If you have a google account, you can sign in and copy into your google account.
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    Here's a breakthrough tool to help all teachers better understand copyright and fair use.
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    How do I know if my use is a fair use? This tool has been developed to help teachers and students reason through the fair use process. You can see an example of how this tool is being used HERE Use the form online. The data from this form feeds into a google spreadsheet so you can compare how individuals or groups reason the fair use of copyrighted material in a work. If you would like to use this form in your work you can click here. If you have a google account, you can sign in and copy into your google account.
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White House Science Fair - The Washington Post - 2 views

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    Photo =gallery from the science fair at the White House. Science teachers should peruse these. I wish every student had to do a science fair project and we'd elevate project based activities to the "status" of doing well on an SAT or other test. I think these require a  lot more higher order thinking and problem solving. "President Obama hosts the White House Science fair to celebrate the student winners of a broad range of science, technology, engineering and math (STEM) competitions from across the country. He met students in the East Garden of the White House, and they explained their science projects and experiments to him. Marvin Joseph / The Washington Post"
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10 Big Myths about copyright explained - 22 views

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    Guidelines for Copyright/Copyright Infringement. Includes "fair use" discussion and examples of what is and what is not fair use. Acknowledges "fair use" rights for education, as well.
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Science Fair Central offers ideas for science Fair projects and experiments for kids fo... - 3 views

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    Discovery has some great resources to help you plan and work on your science fair project. The summer time is a great time to plan and discuss science fair projects for next year (hint to parents) and you can get started here. This is also something you can send to parents to help them guide their child in this area.
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Science Fair Projects, Science Fair Ideas - Science Fair Sanity - 0 views

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    Website with resources about science fairs.
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    Free resource for science fair information and ideas including free materials.
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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.
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Code of Best Practices for Fair Use in Media Literacy Education | Media Education Lab - 0 views

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    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.
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World eBook Fair - 0 views

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    July 4th to August 4th Download Your Selections From (2,000,000 PDF titles) Two Million Total eBook Files Available The World eBook Fair welcomes you to a variety of eBooks unparalleled by any other source. Please come back July 4th 2009 for our Fourth Annual World eBook Fair. Our goal is to provide Free access for a month to 2 Million eBooks.
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Legal Experts on How Murdoch's Threats May Impact "Fair Use" Doctrine | BNET Media Blog... - 2 views

  • Media industry titan Rupert Murdoch’s explicit threats this week to block Google from searching his content sites, and to sue the BBC for its use of content he says is “stolen” from his sites got me to wondering whether the head of News Corp. has, in fact, any basis in the law for launching these calculated attacks at this time and in this manner.
  • Murdoch perhaps does have at least a narrow legal perch to stand on.
  • he is not trying to grow his audience any longer, he says.
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  • is for nonprofit educational purposes;
  • the effect of the use upon the potential market for or value of the copyrighted work.
  • he says he is re-tuning his business model around monetizing his content.
  • four factors in determining whether the reproduction of any copyrighted work qualifies as Fair Use
  • he’s trying to shrink his audience back to the people who will pay for his content
  • Therefore Google’s caching of his content would make it free even as he’s trying to charge for it
    • Vicki Davis
       
      So basically, Google is taking something he wants to charge for and making it free. But my question is, if he wants to charge for it, shouldn't it be bedhind some sort of firewall or is it Google's job to see which sites it is allowed to index? Aren't there certain protocols that make the Net what it is? Certain standards? Isn't one of those the open indexing or crawling of unprotected sites? I'm not sure but hoping someone will respond.
  • Google allows Murdoch, or any publisher, to “opt out” of allowing its pages to be indexed?
  • know how to use the Robots Exclusion Protocol
  • he wants a closer relationship with Google.
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    Excellent overview of Rupert Murdoch's taking on of Google and that they should not index his sites, even though he can easily opt out of indexing, that they are somehow demonetizing his work by searching since he wants to "reduce his audience to those who will pay" not "increase his audience." This is a fascinating read and case study for those following Fair Use.
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Welcome - Google Science Fair - 5 views

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    Google science fair has shared their 2012 winners from around the world. Consider looking at this as an option for your student science fair projects.
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Copyright and Fair Use for Educators and Students | Thoughts from a tech specialist... - 0 views

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    Contains links and an embedded video explaining fair use and copyright for educators and students from the Center for Social Media in the School of Communication at American University (CSMSC@AM?).
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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
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Google Global Science Fair 2011 - 8 views

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    "At Google, the only thing we love as much as science is science education. We want to celebrate young scientific talent and engage students who might not yet be engaged with science. So, in partnership with CERN, the LEGO Group, National Geographic, and Scientific American we've created an exciting new global science competition, the Google Science Fair. Students all over the world who are between the ages of 13 and 18 are eligible to enter this competition and compete for prizes including once-in-a-lifetime experiences, internships and scholarships. "
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Remix Culture & Fair Use: Best Practices for Online Video - 0 views

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    An interesting video I came across about the main issues concerning fair use, copyright, and video mashups. Highlights from my transcription below: We're seeing this blossoming of amateur cultures, video remixes and creativity, and a lot of these works are circulating on the Internet. Copyright law is all about balance........
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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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What SOPA Means For Education, Technology, and the Future of the Internet | Edudemic - 3 views

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    An overview of SOPA (Stop Online Piracy Act) and what it means to education. Fair use would become harder to defend from companies that don't care you are a school. Or, what if you're using a service like Ning that is for profit and charging you but you are a non profit. As the receipient of a take down notice for our digiteen project run through our nonprofit, it didn't matter that we responded to the concerns -- they ignore Fair use and because Ning charges, they threatened to take us down. This will be a headache for schools.
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All About SOPA, the Bill That Wants to Cripple Your Internet - 2 views

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    This is an issue we should be studying, talking about, and weighing in on. With the blocking that this proposes, say that you claim fair use, that may not matter - you may be blocked for using copyrighted material, period... no matter whether you have fair use claims or not., the way I understand it. Looking for some more good information on SOPA. Please share. "SOPA, or the Stop Online Piracy Act, is another one of those bills that sounds like it's going to do something mildly positive but, in reality, has serious potential to negatively change the internet as we know it. It puts power in the hands of the entertainment industry to censor sites that allegedly "engage in, enable or facilitate" copyright infringement. This language vague enough to encompass sites you use every day, like Twitter and Facebook, making SOPA a serious problem"
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Power to Learn - Internet Smarts - Interactive Case Studies - 14 views

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    Interactive case studies on wireless, social networking, digital footprint, cyberbullying, misinformation, fair use, privacy, music downloading. Includes classroom and home versions as well as teacher guides. All but one topic (Wireless) is available in Spanish as well.
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    Interactive case studies on wireless, social networking, digital footprint, cyberbullying, misinformation, fair use, privacy, music downloading. Includes classroom and home versions as well as teacher guides. All but one topic (Wireless) is available in Spanish as well.
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