Copyright and Fair Use
Remix Culture Movie
What is Fair Use? The right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.” --Section 107 Copyright Act of 1976
Four Factors nature of the use nature of the work used extent of the use its economic effect
Why has this become a problem in recent years? Technologies make it easy to: Share Use Copy Excerpt/Quote from Modify Repurpose Distribute Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics
Purpose of Copyright and Fair Use To promote the advancement of knowledge through balancing the rights of owners and users. Its best known feature is protection of owners’ rights. Fair use gives other creators the chance to use that same copyrighted material, without permission or payment. Without fair use, we could all lose important new cultural work
Believing and Doubting (Peter Elbow) Video Case Study Small Group Discussions ◦Believing-- in what ways does this video case illustrate and uphold the Codes of Best Practice...be specific with what you can cite ◦Doubting--in what ways does the video case fall short? Again...be specific with your examples. Whole Class Debrief ◦Take Away -- What does this mean for your own use of media in your teaching?
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?