B ACKGROUND – CCSU A CTION PLAN Information, Communication & Educational Technology: Improve the preparation of students to meet 21st Century challenges related to information, and technological literacy and ensure students have the skills to take the online SBAC assessment in by Improve awareness of the ethical/legal issues surrounding the access and use of information and technological tools and ensure the implementation of Internet Safety... Implement a common definition of 21st Century Skills or vision for using technology as a tool to research, organize, evaluate, and communicate information…

B ACKGROUND – ADL A CTION PLAN Information, Communication, and Educational Technology: By June 2012, ADL will: develop a common definition of 21st century technology skills develop a vision for technology use by students and teachers identify skills needed for students to take the online SBAC assessment by By June 2012, teachers will share knowledge of technology integration and assistive technology that they have successfully used.

G OALS FOR C OPYRIGHT P RESENTATION Digital Citizenship: Resources & Responsibilities Understand: Copyright Law & Terms Code of Best Practice Guidelines Apply Fair Use Reasoning – 2 Case Studies

R ESOURCES ADL Page – Library Page – Scroll Down Bibliography & Copyright Images & Music

R ESOURCES – P ARTNER W ORK 1.) Bibliography & Copyright  Create a citation using Citation Maker  Check out a couple of the copyright sites 2.) Images & Music  Search via Creative Commons to find license information for at least 1 item  Check out a couple of the images/music sites 3.) Share findings with your table

Jim the LibrarianJim the Librarian Video Discuss With a Partner…  2 Ideas You Heard in the Video  Ways in which you and your students are thoughtful about copyright.

C OPYRIGHT L AW B ALANCES RIGHTS OF OWNERS & USERS Owners have the right to:  reproduce  prepare derivative works  distribute  perform  display …the copyrighted work publicly. “Copyright law provides copyright protection to creative works in order to foster the creation of culture.” --Code of Best Practices Users have the right to:  Fair use  create new information & new culture using copyrighted material  Fair use “not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.” --Carrie Russell American Library Association

C OPYRIGHT L AW OF 1976 S ECTION D OCTRINE OF F AIR U SE  “The fair use of a copyrighted work is not an infringement of copyright. This includes reproduction in copies for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.”  To determine if fair use applies, look at the specific context, situation, and the following 4 Factors.  The 4 Factors are looked at together as a whole.

C OPYRIGHT L AW OF 1976 S ECTION D OCTRINE OF F AIR U SE In determining whether the use of a work is a fair use, consider the following factors:  The purpose and character of the use:  Did you transform the original?  The nature of the copyrighted work:  Is it factual, creative or consumable?  The amount and substantiality of the portion used in relation to the copyrighted work as a whole:  Did you use only the amount necessary?  The effect of the use upon the potential market for or value of the copyrighted work:  Are you taking someone’s profits?

T RANSFORMATIVENESS Using copyrighted materials as part of the creative process for a different purpose than that of the original. Adding value or repurposing copyrighted material to create something new. Examples: Advertising images that students analyze for media messages or political, social or cultural values. Creation of student-produced works to demonstrate media messages or political, social or cultural values.

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. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

C ASE S TUDIES Documenting Fair Use Documenting Fair Use WS Jot down ideas with a partner Discuss with table Highly doubtful that your table will agree The point is to be purposeful in thinking about Copyright & Fair Use.

C OPYRIGHT T IDBITS Reasonableness Standard – Copyright law includes a provision that can eliminate damages for educators who “reasonably believed and had reasonable grounds for believing” that their use was a fair use. Good Faith Defense – To protect educators who are doing their job well. You can cite a source and still violate copyright if it’s not fair use.

C ODE OF B EST P RACTICES  Publishers and the academic community –  Established Code to provide “greater certainty and protection” for teachers.  IS recognized by courts and Copyright Office as minimum standards for fair use in education.  NOT part of the federal Copyright Law.  It does NOT replace critical thinking & reasoned judgment in determining fair use.

C ODE OF B EST P RACTICES Educators can:  Make copies of newspaper articles, TV shows, and other copyrighted works, and use them and keep them for educational use.  Create curriculum materials and scholarship with copyrighted materials embedded in them; and  Share, sell, and distribute curriculum materials with copyright materials embedded in them.

C ODE OF B EST P RACTICES Learners can:  Use copyrighted works in creating NEW material  Distribute their work digitally if they meet the transformativeness standard.

The Code of Best Practices Helps  To inform educators about how fair use applies to their work.  To discourage copyright owners from threatening or bringing lawsuits.  If a suit was brought, to provide the defendant with a basis on which to show that their use was objectively reasonable and undertaken in good faith.

E DUCATIONAL U SE G UIDELINES  Negotiated by lawyers of publishing companies and various educational organizations.  Guidelines include concepts such as brevity and spontaneity i.e.10% rule – 30 second rule – 45 day rule.  Congress stated these guidelines would NOT replace the fair use doctrine and would NOT be included in the actual Copyright law.  Guidelines narrow the flexible doctrine of fair use.  Fair use cannot be reduced to a checklist. Fair use requires that people think.” --Carrie Russell, American Library Association

V IOLATING C OPYRIGHT  Cease & Desist Letters  VT - ISP's are sending “Notices of Copyright Infringement.”  The ISPs have received information from the copyright holder that at least one illegal download took place.  Copyright Holders may or may not pursue litigation. Each instance can cost the accused up to $  Office of Copyright Office of Copyright  “Sum of not less than $750 or more than $30,000 as the court considers just”  “copyright owner…burden of proving…infringement was committed willfully, the court…may increase the…damages to not more than $150,000.”

B IBLIOGRAPHY Copyright and Fair Use Stanford University Libraries. January 15, Copyright US Copyright Office. January 15, Hobbs, Renee. Copyright Clarity. California: Corwin, Hobbs, Renee. Copyright Media Education Lab. University of Rhode Island. January 15, Code of Best Practices in Fair Use for Media Literacy Education Center for Social Media. Temple University Media Education Lab. ©Melanie Cote ADL In-Service.