Thursday, July 9, 2015

#ISTE2015: Biggest Takeaways - "Yes You Can! Use Copyrighted Material"

~~See all my posts from ISTE with lots of links and resources shared by others here~~

Yes You Can! Use Copyrighted Material (slides)
My thoughts:
This was an informative session on copyright and fair use.  I still don't feel confident in fully understanding it, but at least I have some knowledge to share.   I have fallen into all three of the categories below at one point or another in my career.  Now... to focus on "transformative use" as students are creating and sharing their work!

My Notes:
There is no such thing as "academic" copyright - it's the same thing for everyone

Teachers fall into one of 3 categories
  • See no evil (I don't want to learn about this; consciously choose to be ignorant)
  • Close the door (use copyrighted materials but don't tell anyone or talk about it)
  • Hyper-comply (rigidly hold onto that rule; sometimes hold their students to stricter regulations than themselves)

EDUCATIONAL GUIDELINES ARE NOT THE LAW
  • They are negotiated agreements between publishers & others.  Give them the appearance of the law, but they aren't!

PURPOSE OF COPYRIGHT
  • Protect someone's intellectual property
  • Not about making money
  • TO PROMOTE CREATIVITY, INNOVATION, AND THE SPREAD OF KNOWLEDGE (From article 1, section 8 of the US Constitution)

Everything is copyrighted

Let's think not about what you "can't" do, but what you "can" do.

The moment you click save, your work is automatically protected by copyright law.

FIVE PROTECTIONS
  1. Controlling reproduction of the work
  2. Right to prepare derivative works (i.e. make a movie off your book)
  3. Distribute the work
  4. Perform the work
  5. Display the Work

You have "creative control"

EVERYTHING IS COPYRIGHTED… BUT THERE ARE EXEMPTIONS
Today we are going to focus on "The Doctrine of Fair Use"
Section 107 of Copyright Act of 1976
You don’t have to pay to use some of another's work.
For socially beneficial purposes, you are exempt from paying or asking permission.

Copyright law balances the rights of owners and the rights of users.  Weigh out the harm to the owner and the benefit to the society.

Transformative use - the way the work was used was for a completely different purpose

CREATIVE AUTHORS MUST ASK THREE CRITICAL QUESTIONS TO MAKE A FAIR USE DETERMINATION
  1. Did my use of the work re-purpose or transform the copyrighted material? Did I add value?
  2. Did I merely re-transmit the original work? Could my work serve as a substitute or replacement for the original?
  3. Did I use just the amount I needed in order to accomplish my purpose?

Section 503b
"Reasonableness Standard"
If  teacher at an accredited institution makes a fair use determination (in good faith) and gets sued, all statutory damages are remit to zero.  There's nothing in it for the copyright holder / publisher.  Even if you make a wrong fair use determination, you are protected.

"Not transformative" examples
MOOD ALONE ISN'T ENOUGH
"It's popular" is not enough

Students choosing images:
How many images did they look at?  They must have made a choice.  If they made a choice, then there must have been some sort of reasoning.

Student choosing music:
What is the effect?  What is it that they are trying to achieve?
(In YouTube in the creator studio, they have music that you can use for free, copyright free)

If it's not transformative, it's not fair use.
But you can always ask for permission

Accrediting an image is an academic requirement, not a fair use requirement.

Copyright law is not fixed and static - it adapt to changes in technology and society

Digital Millennium Copyright Act of 1998
  • Ripping DVDs is Illegal
K-12 teachers may legally unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for education.  In 2015 - this law is back up for battle

"Get your kids creating and teach them to reason through the process"

Students are already creating… most aren't ethically doing it.  We must teach them that!

~~See all my posts from ISTE with lots of links and resources shared by others here~~

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