Permission Granted for Educational Use Copyright for Educators

Permission Granted for Educational Use Copyright for Educators: Helping Students and Teachers Understand the Issues Tony Jongejan Paula Dagnon Instructional Technology Western Washington University

Presentation Outline • • What is Copyright? Copyright and students What is Fair Use? An interactive activity based on copyright scenarios • What has technology done to copyright and what might the future bring? • Question: Is current copyright law obsolete?

Poll • How many of you have NOT downloaded something knowingly copyrighted or suspicious of it being piracy?

Rights, Remixes and Respect • When you create things, do you ever get your inspiration from other people’s creative work? What are some examples? – Is this legal? • When you create things, do you ever appropriate, or use someone else’s creative work, to make something new? What are some examples? – Is this legal? » Curriculum from Common. Sense Media

• Everything is a Remix • Consider the perspectives of the following groups: – – – • Musicians who use sampling and remixing in the music they create Musicians who have been sampled or remixed without credit, permission, or payment Fans who like both kinds of musicians People in the recording industry who make money from selling music Lawyers whose job is to protect artists from copyright violations Code of Best Practices Remixed

When Sharing Becomes Stealing • Common Sense Media Movie http: //www. commonsensemedia. org/advicefor-parents/illegal-downloads-when-sharingbecomes-stealing

Scenario #1 While you are at class you set your DVR to record a Big Bang Episode so that you can watch the latest episode when you get home. (L)egal, (I)llegal or is (M)ore information required?

What is Copyright? >Copyright Rap< Copyright refers to a set of laws and/or rules set up to protect the intellectual property of others. The easiest way to think of it is this: Imagine you are an artist of some sort, and a complete stranger took your creation (a song, painting, story, etc) and used it without your permission to serve their own purposes. You worked very hard on that creation, do you really want another person using it? Copyright protects your ownership of anything you create so others can’t use it for any purpose without your permission.

What is covered? Copyright covers any intellectual property (e. g. , Movies, Music, Art, Software) Without going into the details, everyone knows that you shouldn’t copy CDs for a friend, right? This is illegal due to copyright laws. Copyright laws exist in most countries, but they are different depending on where you are, so if you want more information, do as much research as possible.

Scenario #2 Students in Mr. Brockington's 5 th grade class are making 'State Reports. ' He has them download the required map from the Internet. (L)egal, (I)llegal or is (M)ore information required?

What is piracy? • The act of illegally downloading copyrighted games, music, movies, TV shows, photographs, and software that you haven’t paid for • Who cares: – Under U. S. copyright law, illegal downloading could be punishable by up to five years in prison and $250, 000 in fines. – Internet Service Providers can detect connections to illegal sites and flag large file downloads. – Illegally downloaded material can expose computers to viruses, malware, spyware, or other unwanted software, costing families hefty recovery fees. Information from Common. Sense Media

Disclaimers Disclaimer: we are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only. • Best attempt to explain copyright law as we understand it. . Lawyers … • Other people; other sites; other answers. • Information/strategies will help you to familiarize your students with the copyright issues.

Scenerio #3 You record an excellent movie on the History of Copyright on your DVR and show it to your classes the next week. (L)egal, (I)llegal or is (M)ore information required?

Balance (tug) between instructional use and copyright! I Am Australian by the Seekers Guidelines can be found at http: //www. youtube. com/t/howto_copyright

Balance (tug) between instructional use and copyright! Fiona Hawthorne http: //www. fionahawthorne. com/Copyright. Free. Images/Copyrigh. Free. html

Scenerio #4 You have an i. Tunes music collection and decide to burn your favorites onto a CD for listening in your car. (L)egal, (I)llegal or is (M)ore information required?

Comments from Students What will they do? Will I get arrested? They make so much money -- they will never miss it. Napster: I am enhancing the value! I bought it! Why can’t I do what I want?

Consider • Students may not understand …. . – copyright law (or value it) and…. . – its impact on the creative work of an individual or…… – the individual’s ability to continue the creative process. • Technology is making it easier and easier to duplicate copyrighted work • Technology is changing how copyrighted work is paid for and distributed.

It Can Happen To You! 1. Downloaders face the music as record industry sues Paying $750 for Duran's "Girls on Film"? That's what some Washingtonians accused of illegally downloading music have been forced to fork over for a stolen track. Seattle PI 2. Music Theft on 19 Campuses Targeted in Wave of RIAA Pre-Lawsuit Letters Recording Industry Association of America (RIAA)

What is Fair Use?

se ir U Fa A set of exceptions to copyright laws Enacted in the Copyright Act of 1976. Protects journalists, educators and satirists from lawsuits Wikipedia and the terms ‘Fair Use’ http: //en. wikipedia. org/wiki/Fair_use

Factors covered by Fair Use 1. Purpose and character of the use Why are you using this material? 2. Nature of the material In what form are you using the material? 3. Amount of the portion used How much of the original work are you using? 4. Effect on the potential market Does your use hurt the original owner financially?

Fair Use for Educators The Fair Use law is purposely vague, so it can be decided by the courts on a case-by-case basis. For this reason, interpretation, and therefore responsibility is left to the individual/institution using the copyrighted material.

Fair Use for Educators Here are 3 tests to help you along the way: 1. Brevity (Amount) Use only as much of the material as you need. Use the material only once 2. Spontaneity If you don’t have the time to request permission from the owner after the original creation date, see #1 3. Cumulative effect Use only what supports your instructional goal. Fair Use in Media Literacy Education (See principles at the bottom)

Us n e no tio or ma Fa ir Inf Fair Use Links on the Web Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code – Fair Use • http: //www. copyright. gov/fls/fl 102. html • http: //chillingeffects. org/fairuse/ • http: //www. centerforsocialmedia. org/libraries • http: //fairuse. stanford. edu/Copyright_and_Fair_Use_O verview/chapter 9/ Fair Use Song http: //halldavidson. net/7 -Fair. Use. Song. Users. Rights_Web. mov Fair Use Movie • http: //www. atomiclearning. com/k 12/movie/76357/play_window? type =Workshop&sid=2230 (video)

Fair Use Video • See this site for deciding if video is fair use. • http: //fairusetube. org/guide-to-youtuberemovals/3 -deciding-if-video-is-fair-use • “even if you do use the entire original work, this prong can be outweighed by the first prong if your use is sufficiently transformative. A good example of this would be anime music videos and film mashups, which in my opinion qualify as fair use for the video portion because quantitatively they only use brief clips of much larger works, and for the music portion because even though they use entire copyrighted songs, the addition of the video footage qualitatively imparts a new message and is sufficiently transformative to outweigh the fact that the entire song is used. ”

An Interactive Activity Based on Copyright Scenarios Copyright Lesson: Basic Instructional Technology Skills Created by Jason Myers, WWU/IT graduate student http: //it. wce. wwu. edu/344/copyright/default. html

What has technology done to copyright? What might the future bring? Is current copyright law obsolete?

Web 2. 0 Text messaging Picture with cell phone Blackberry Flash Drive Cell phone with … i. Phone PDA (Palm Pilot) i. Pod nano (mp 3)

Distribution • Journals: On the Web or pdf • Music: CD to Downloading (e. g. , i. Tunes) • Video: DVD to Downloading (e. g. , i. Tunes) • Software: CD to Downloading

Strategies School Setting – Do Learn – Do Teach – Do Model – Do Set Requirements/Rules – Don’t lecture

Final Thoughts • We need to lay out the issues and laws and then let students decide for themselves the impact that it will have on them and how they behave. • Students are the shepherds of future creative work and would benefit from considering those issues. • Our hope is that you leave this session with an understanding of copyright law and are able to model these issues with your students.

Websites • Copyright Quiz • Copyright Lesson: Basic Instructional Technology Skills Created by Jason Myers

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