1 Dispelling the Copyright Confusion for Educators Alisha Cornick Intro to Authoring Tools Fall 2012

2 What is Copyright?

3 What is Fair Use?

4 Media Literacy is taught in the classroom because it promotes analytical and critical thinking skills when accessing and composing media. In the Classroom...

5 Media

6 Trends in Copyright Confusion

7 1. See No Evil...

8 2. Close the door...

9 Hyper-comply...

10 These trends are harmful to Media Literacy

11 Educational-Use Guidelines The purpose of the educational-use guidelines is to provide insight to educators and students about how to apply the doctrine of fair use in a school setting. It is not a LAW. It is supposed to be helpful; however, it causes confusion between what is and what is not acceptable.

12 Consideration of Fair Use Fair Use can be measured in four ways: By the purpose and character of the use By the nature of the copyrighted work By the amount and substantiality of the portion used By the effect of the use upon the potential market In essence the work must be classified as transformative

13 Cases that deal with Fair Use & Copyright Infringement Wright v. Warner Books, Inc. BMG Music v. Gonzalez

14 Wright v. Warner Books, Inc. Author Richard Wright’s widow, Ellen Wright, sued Biographer Margaret Walker and Warner Books, Inc. for copyright infringement on the basis of Walker using information from his unpublished work. Walker’s biography about Richard included a few quotes from his unpublished works. The court ruled that the information was fair use because: the purpose was to extend knowledge to the public less than 1% of Wright’s work was used

15 BMG Music v. Gonzalez BMG Music sued Cecilia Gonzalez for copyright infringement because she illegally download songs and burn them to CDs. Gonzalez stated she was “sampling” music she may purchase in the future. The court ruled that the defense’s claim was not fair use because: the number of downloaded songs was an excessive amount copyright holders loss a profit due to the “sampling”

16 Now What?

17 The Code of Best Practices in Fair Use for Media Literacy Education

18 The Code of Best Practices of Fair Use Educators can: make copies of newspaper articles, television shows, and other copyrighted works that can be reused. produce curriculum materials that have embedded copyrighted materials. share, sell, and distribute curriculum materials that have embedded copyrighted materials.

19 The Code of Best Practices of Fair Use Learners can: utilize copyrighted materials when creating new materials. distribute their work digitally if they meet the transformativeness standard.

20 Wrap Up... Ignorance of copyright and fair use does not make media literacy easy. Copyrights are meant to promote the spread of knowledge to others while Fair Use is intended to give others a right to use copyrighted materials within reason. Remember to use the Fair Use measurables to ensure that no work is being infringed. There are tons of materials that can help educators teach Media Literacy within the guidelines of Fair Use.

21 Sources Images Acadocom. January 3, Business associations.[image]. Wikimedia Commons. 7 Oct < Culturally Authentic Pictorial Lexicon. n.d. Television.[photograph]. 6 Oct Ecallow. October 4, MP3 Icon.[image]. Wikimedia Commons.6 Oct Fotopedia. November 21, A stack of newspaper.[photograph]. 6 Oct Green, Scarlet. April 2, Takanawadai Elementary school 12.[photograph]. Wikimedia Commons. 7 Oct Guirnela, Ailenn. May Hear no evil, Speak no evil, See no evil.[photography]. 6 Oct don't worry, be snappy ( Aileen Guirnela ) / CC BY-ND evil-speak-no-evil-see-no-evil/ Hagemann, Judy. December SupremeCourt.[image]. Pics4Learning. 8 Oct Kolk, Melinda. October Thought bubble.[image]. Pics4Learning. 7 Oct

22 Sources Lazu, Gerhard. n.d. Suring the Internet.[photograph]. 7 Oct Nichols, Steven. August 1, We the People.[photograph]. Flickr. 6 Oct OpenClipart. n.d. Computer blue.[image]. Wikimedia Commons. 7 Oct Tech4Learning. October 20, Classroom.[image]. Pics4Learning. 7 Oct Van Vechten, Carl. n.d. Richard Wright.[photograph]. Wikimedia Commons. 6 Oct Wikimedia Commons. n.d. Ktip.[image]. 7 Oct Wikimedia Commons. March 10, Think outside the box.[image]. 6 Oct

23 Sources Internet Gaines, Ginger A. (1992). Wright v. Warner Books, Inc.: The Latest Chapter in the Second Circuit’s Continuing Struggle with Fair Use and Unpublished Works. Fordham Intellectual Property, Media and Entertainment Law Journal, 3(1), The Code of Best Practices in Fair Use for Media Literacy Education | Center for Social Media. (n.d.). Center for Social Media. Retrieved October 10, 2012, from use-media-literacy-educationhttp:// use-media-literacy-education BMG Music v. Cecilia Gonzalez, 430 F.3d 888 (7th Cir. 2005) Books Hobbs, Renee. (2010). Copyright Clarity: How Fair Use Supports Digital Learning. California: Corwin: A SAGE Company and The National Council of Teachers of English.