1.Copyright Clarity Renee Hobbs Harrington School of Communication and Media University of Rhode Island

2. Texts Used in Teaching and Learning 3. Texts Used Teaching and Learning 4. Texts Used in Teaching and Learning moving-image 5. Texts Used in Teaching and Learning 6. Texts Used in Teaching and Learning 7. One Law Protects them All 8. PEER-TO-PEER FILE SHARING Why creative people value copyright law When you (and your students) can use copyrighted materials without payment or permission under some circumstances When you (and your students) should ask permission or pay a license fee to use copyrighted materials How codes of best practice help people become more confident in understanding and using the doctrine of fair use How the law adapts to changes in society and changes in technology Goals for Todays Session 9. Supported with a grant from the John D. and Catherine T. MacArthur Foundation 10. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute 11. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics 12. See no Evil Close the Door Hyper-Comply How Faculty Cope 13. NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS Problem 1: Agreement on Guidelines for Classroom Copying in Not- for-Profit Educational Institutions Fair Use Guidelines for Educational Multimedia Guidelines for the Educational Use of Music Educational Use Guidelines are Confusing! 14. The documents created by these negotiated agreements give them the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts --Kenneth Crews, 2001 Educational Use Guidelines are NOT the Law! 15. Problem 2: People Confuse Plagiarism and Copyright 16. PLAGIARISM Using other peoples creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work 17. PLAGIARISM Using other peoples creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources FINES & OTHER PENALTIES 18. When & How to Cite Your Sources: Teaching Attribution Academic Writing Video PSAs Poetry Informal Writing Documentary Film Journalism Websites NORMS OF THE GENRE HOW TO USE SOURCES Summarizing Paraphrasing Direct Quotation 19. APA CITATION: Caramanica, J. (2010). At 40, Circling Back to Teenage Life. New York Times, August 27. SUMMARY: The producer of 16 and Pregnant has had a turbulent career after having a successful early start in Hollywood followed by a string of failures and personal problems. Now that 16 and Pregnant is a hit, he has a mission to tell the complex life stories of teenagers who are struggling with life challenges (Caramanica, 2010). PARAPHRASE: More than 2.4 million viewers watch 16 and Pregnant each week (Caramanica, 2010). DIRECT QUOTATION: Morgan J. Freeman has helped reposition MTVs reality slate from tracking the lives of the young, beautiful and rich to capturing the lives of the young, beautiful and resilient (Caramanica, 2010, p. D1). 20. What is the purpose of 21. To promote creativity, innovation and the spread of knowledge 22. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution 23. Its time to replace old knowledge with accurate knowledge 24. EVERYTHING IS COPYRIGHTED Any work of expression in fixed or tangible form 25. Creative Control The Copyright Act grants five rights to a copyright owner: 1. the right to reproduce the copyrighted work; 2. the right to prepare derivative works based upon the work; 3. the right to distribute copies of the work to the public; 4. the right to perform the copyrighted work publicly; and 5. the right to display the copyrighted work publicly. 26. Owners May Control Copyright through the Licensing Process 27. Copyright law enables people to control the creative works they produce LOVE HATE 28. VViolating Copyright Can Be Expensive The Copyright holder may receive statutory damages for all infringements involved in the action not less than $750 or more than $30,000 as the court considers just. [...] When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000." LOVE HATE 29. EVERYTHING IS COPYRIGHTED ..but there are exemptions 30. --Section 107 Copyright Act of 1976 The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research 31. The Doctrine of Fair Use It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledgewould be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information. --Carrie Russell, American Library Association 32. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006) 33. An Example of Transformative Use The purpose of the original: To generate publicity for a concert. The purpose of the new work: To document and illustrate the concert events in historical context. 34. Is Your Use of Copyrighted Materials a Fair Use? 1. 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? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? 35. Is Your Use of Copyrighted Materials a Fair Use? 1. 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? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? LINK 36. LINK 37. Using Copyrighted Materials in Creative Work . CASE 1. Someone uses an image of John Lennon in a class assignment when discussing how musicians share their political beliefs with their fans. CASE 2. Someone uses an image of John Lennon on the cover of the high school literary magazine. 38. Use of Copyrighted Materials in Creative Work . CASE 1. A student mixes excerpts of a classic speech with a song in order to promote new meanings and interpretations. CASE 2. A student uses a copyrighted song in a video to demonstrate understanding of rhetorical and literary techniques. LINK LINK 39. Sharing Creative Work Online . CASE 1. Someone uses Little Mermaid image in a personal blog writing about childhood memories. CASE 2. Someone uses a Little Mermaid image in online fan fiction about the sexual adventures of Ariel. 40. Sharing Creative Work Online . CASE 1. Students and faculty make a lip dub video and share it on YouTube. LINK 41. Transformative Use is Fair Use 42. Exercising Fair Use Involves Critical Thinking Transformative Use is Fair Use 43. Reflects the best practices of educators who use copyrighted material to build critical thinking and communication skills LINK 44. Educators can: 1. make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use 2. create curriculum materials and scholarship with copyrighted materials embedded 3. share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: 4. use copyrighted works in creating new material 5. distribute their works digitally if they meet the transformativeness standard Five Principles Code of Best Practices in Fair Use 45. Codes of Best Practices Support Academic & Creative Communities 46. USING COPYRIGHTED MATERIAL CHOICES FOR THE CREATIVE INDIVIDUAL PAY A LICENSE FEE Ask Permission CLAIM FAIR USE Just Use it DONT USE IT SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT 47. SHARE THE GOOD NEWS! 48. Wikispaces Online Community 49. Copyright? Whats Copyright? Music Videos Users Rights, Section 107 50. www.mediaeducationlab.com CONTACT: Renee Hobbs Founding Director Harrington School of Communication and Media University of Rhode Island Email: hobbs@uri.edu