Fair Use Examples

Four examples of how fair use has been implemented successfully in documentary filmmaking...

The Center for Social Media also has a short video that exemplifies repurposing of material which does not constitute fair use.

Teaching Fair Use

An outside-the-box means of explaining fair use in action...

http://www.law.duke.edu/cspd/comics/zoomcomic.html

New York Times Copyright curricula

http://query.nytimes.com/gst/learning.html?lquery=copyright&grade=6-8%2C+9-12

18 lessons plans found with the search term "copyright".
Grades 6-12
All subjects.
These lesson plans are co-created with the Bank Street School, the best teaching school in the country.

Highlighted curricula include:

In(fringe) benefits
Grades: 6-8, 9-12
Subjects: Civics, Language Arts, Media Studies, Technology
Interdisciplinary Connections
Overview of Lesson Plan: In this lesson, students learn about the "Copy Left" movement, then analyze and discuss the key legal issues regarding intellectual property and copyright legislation in the context of global communication and the Internet.

Guild v. Google
Grades: 6-8, 9-12
Subjects: Civics, Technology
Interdisciplinary Connections
Overview of Lesson Plan: In this lesson, students share opinions about what constitutes fair use of copyright materials and participate in a mock trial arguing the case of The Authors Guild v. Google.

13) SUBJECT(S): Civics;Language Arts;Technology
Bootleg Bytes (Grades to 6-8;9-12)
Examining the Fairness of Anti-Piracy Proposals
In this lesson, students will conduct background research to learn about the positions of different groups involved in the digital piracy debate, then participate in a fishbowl discussion that seeks to find a consensus on the issue. (Thursday, January 16, 2003)

14) SUBJECT(S): Current Events;Language Arts;Technology
Napster Faces the Music (Grades to 6-8;9-12)
Debating the Copyright and Sale of Music on the Internet
In this lesson, students debate the ruling on the Napster online music service and consider its implications for intellectual property rights in the future. (Friday, July 28, 2000)

15) SUBJECT(S): Civics;Technology
Policy, Privacy and Protection (Grades to 6-8;9-12)
Exploring the Drafting and Updating of School Internet Use Policies
In this lesson, students explore the issues involved in creating or updating school policy for Internet use. Students work in small groups to examine policy components and present their perceptions and ideas to the class as policy recommendations. Students then compare and contrast their original ideas with their new understanding. (Thursday, August 24, 2000)

16) SUBJECT(S): Civics;Social Studies;Technology
MP3-Ring Circus (Grades to 6-8;9-12)
Exploring the Copyright Issues in the Case Against MP3
In this lesson, students will explore the meaning of copyright and copyright issues surrounding the use of downloaded music. They will create an argument either for or against the most recent ruling against MP3, a company that allows users to download their own music to play portably and in any order or setting.

18) SUBJECT(S): Civics;Language Arts;Media Studies;Technology
Public Defenders (Grades to 6-8;9-12)
Learning About Laws Related to Publishing Original Works Online
In this lesson, students research laws related to copyright and privacy for pamphlets educating the public about their rights when publishing original works on the Internet. (Monday, February 28, 2005)

CC Podcasting Guide

Location: http://wiki.creativecommons.org/Podcasting_Legal_Guide

Target Audience: Podcast creators/users (complexity suggests an adult target audience)

Normative Values: Creative Commons provides a “more flexible, open” alternative to traditional copyright protection.  The organization supports the right of authors to protect and manage uses of their works, but aims to give them the ability to tailor the exercise of their rights. Freedom of expression, as well as fair use, underscores their approach.

Materials: The guide is presented in Wiki format, and includes external links to pages/sources referenced. The contents are subdivided into four main sections.

Section 1: Legal Issues in Creating Your Own Podcast

            The section discusses why copyright, publicity rights and trademark concerns are relevant to podcasting.  In general, incorporating material created by someone else requires permission for use.  However, the guide notes, there are five instances where permission is not required: (i) the material does not qualify for copyright (e.g. ideas, facts, titles, slogans), (ii) the material is in the public domain, (iii) U.S. government material is at issue, (iv) a fair use exception applies, and (v) the material is licensed under Creative Commons.  Each situation is explained in detail, with the exception of fair use, which is addressed later in the guide.  While in most cases one can use self-created work without obtaining rights clearances, permission will be needed when the material is the result of a “work for hire” agreement, a product of joint authorship, or that for which one’s rights have been transferred.  The guide then describes the rights implicated by the incorporation of written material, pre-existing voice recordings, video material and interviews.  A lengthier section outlines the permissions involved, licenses needed and fair use exceptions that may apply to the incorporation of music. 

Concerning fair use, the guide defines and describes the framework for assessing whether a use has been “fair,” and stresses that disclaimers and acknowledgements are insufficient to absolve a podcaster of liability for infringement.  The guide then discusses three use scenarios a podcaster might encounter and whether the action described constitutes fair use.  Publicity rights and trademark concerns are then briefly discussed.  Finally, the section directs users to Creative Commons as a “pod safe” source for finding content. 

Section 2: Legal Issues Surrounding How to Distribute Your Podcast

            The two types of licenses, Implied and Expressed, are both discussed in depth.  An implied license gives others the right to use your podcast, but only to the extent that you would have permitted had an actual agreement been negotiated. Due to the lack of definite terms surrounding implied licenses, the guide recommends podcasters opt for express licensing.  A lawyer can draft language reflecting your use preferences, a Creative Commons license can be applied, or the “All Rights Reserved” model can be utilized.  The guide explains how to incorporate each of these options.  Finally, those using a service to distribute their podcasts are advised to make themselves aware of the service’s terms of use before entering into any business agreement.

Section 3: Basic Background to Podcasting

            This “very, very brief” background to podcasting answers three basic questions: What is podcasting? How does it work? What is RSS and how does it work with podcasts?

Section 4: Background & Further Resources

            Links to Wikipedia entries defining podcasting and RSS, “How To” podcasting guides, podcast search engines, open-source podcasting programs, podcatching programs, tips for finding podsafe content, works in the public domain, and other sites offering relevant legal content are provided.  A list of books and other resources is also included, along with a list of organizations and projects addressing copyright and free expression.

Strongest Aspect:

            Considering the complexity of copyright law, the guide delivers a surprisingly concise, yet detailed, outline of the issues affecting podcasters.  Ample space is given to copyright protections as well as fair use principles.

Weakest Aspect:

            While offering a few hypothetical situations, additional real-world support might provide better examples for podcast creators and subscribers.  Especially when dealing with issues as nuanced as those surrounding copyright, including comments from veteran podcasters about their practices, and generally accepted practices within the industry, would help make the information presented more concrete.

Suggested Improvements:

            The guide is obviously written for an adult, podcast-savvy audience.  It is doubtful that someone would get through ¾ of the guide to where the “Background Information” is located without knowing what podcasts are.  The background section should be moved to the top or left out all together.

            Due to the minimal variation between heading formats, the sections do not appear as clearly defined as they are in the Contents box.  It would be helpful to number each section as they are numbered in the outline.

Aspects to Consider Using:

            Completing a companion piece written in more teen-friendly language would be useful considering that a significant number of teens are involved in podcasting.

            While adult users may indeed prefer straightforward, textual information, implementing more interactive components might be worth considering, especially if hoping to engage younger podcasters.

            A discussion board or blog detailing recent articles/cases relevant to podcasting would afford readers the most updated information while allowing them to discuss hot topic issues pertaining to copyright.

           

           

 

 

Cyberbee-resource for classrooms

www.cyberbee.com

Two items of interest here:

1. Interactive Flash tutorial "Ask CyberBee" on the ABC's of copyright law for a classroom
2. Copyright curriculum unit by 8th grade teacher Laura Keamming.

1. Flash Tutorial.
Ten students raise their hand and ask Cyberbee questions such as, "What is attribution?" "What is public domain?" Users can click on a student to see Cyberbee's response. The answers are short and no more than two sentences. The tutorial is kid-friendly and simple. Although designed for the classroom, MIRO's wiki lists it as a resource. http://mitvwiki.org/Copyright

2. Copyright Curriculum by 8th grade teacher Laura Keamming
Keamming objectives are to introduce and develop a basic understanding of copyright law. She uses case studies and music to identify examples of copyright infringement. Easy to follow activities; 4 day lesson plan; students do not create anything themselves.

CRITICAL MEDIA --Undergrad sample work

CRITICAL MEDIA DVD

This DVD showcases a class project, coordinated by Bettina Fabos, in which students applied journalistic research, analytical critical skills, video production and graphic design to critique popular culture. The students quoted popular films, television and music, employing both the principles and limitations of the first category-media critique—Documentary Filmmakers’ Statement of Best Practices in Fair Use. The project would have been impossible without their judicious employment of fair use. This project, rooted in a journalism program, provides a model for how to teach both critical skills and appropriate fair use in the classroom.

Potential tool for evaluating student knowledge
http://www.centerforsocialmedia.org/videos/sets/critical_media/

WIPO Copyright Curriculum

Location: wipo.int/freepublications/en/copyright/935/wipo_pub_935.pdf

Target Audience: 8 to 13 year olds

Normative Values: The World Intellectual Property Organization is an agency of the United Nations dedicated to developing a balanced international IP system.  The group promotes the use of IP as a catalyst for economic development, and encourages law makers to recognize IP concerns when developing national programs.   WIPO endeavors to increase public understanding of IP, and regularly hosts gatherings to facilitate discussion among industry professionals and policy makers.

Information Presented:

                  WIPO has created a workbook, Learn for the Future, Create from the Past: The Arts and Copyright, for elementary and middle school-aged children.  The materials are arranged into four general topics under which frequently asked questions are addressed.  Student activities, profiles of real-life young artists, and “Beware!” boxes detailing often-overlooked regulations punctuate the workbook.

The Arts

The workbook begins by defining the types of "works" that society considers as art.  Creative expression can be conveyed through various forms of media, and benefits society in diverse ways. The ease with which young people can harness creativity is emphasized throughout the materials, and students are encouraged to put their imaginations to work in art-creating activities.  Portraits of young artists from around the world also punctuate the pages, providing real life glimpses into the creative process. The materials note that, while technology has made the works of skilled artists available to more people and enabled artists to make a living from selling reproductions, it has also created the need for creators to maintain control over copying.  Copyright serves to protect artists' ability to profit from their works and retain control over their creations.

Copyright

         Copyright is defined within the larger scope of Intellectual Property as protecting original works of various forms, from written compositions to computer programs.  The materials note, in all capital letters, however, that copyright does NOT protect ideas or facts, but rather the way in which those ideas are expressed.  The materials demonstrate, and ask students to consider further, the many ways in which a single idea can be embodied. Ownership of copyright, and the rights that ownership conveys, are discussed.  "Beware!" boxes alert students to important misconceptions and limitations on copyright, such as the "First sale doctrine," and the fact that owning a copy of a work does not make one the owner of its content for copyright purposes.  Copyright terms and variations between countries are addressed, as are the organizations and collecting societies that aid copyright owners in enforcing their rights.  The activities prompt students to create their own copyrightable works and test them on their understanding of whose permission must be obtained to clear certain rights.

Public Domain and Copyright Limitations

         Discussing the public domain as well as exceptions for free and personal uses, the materials recognize the necessity of balancing mechanisms in copyright law.  The workbook defines the public domain, and explains both how works enter and how to locate public domain works.  “Beware!” boxes note that copyright attaches to derivative works, even if based on public domain materials, and that the availability of a work on the Internet does not automatically mean it is free to use.  A list of websites where students can locate free or public domain works is also included.

Copyright Infringement

         The final section of materials deals with copyright infringement.  Forms of infringement, including plagarism and peer-to-peer sharing of copyrighted files, are defined.  Focusing on music piracy, the materials list several reasons why students should not engage in illegal uploading and downloading.  Activities ask students to identify if and how infringement has occurred.  The concept of Digital Rights Management is also introduced.

Strongest Part: The materials strive to connect the topics being discussed with young creators and consumers.  By describing the contributions of numerous young artists, the workbook helps instill students with an appreciation for creative content.

Weakest Part: Children change dramatically between the ages of 8 and 13.  Some of the concepts may be too complex for 8 year olds to grasp, while the appearance of the materials and activities provided may be too elementary for middle school students.  Even if the content is not changed dramatically, multiple versions targeting more distinct age groups would be advisable.

Suggested Improvements:

Fair use needs to be addressed.  While the materials, on the whole, are fairly balanced in their approach, the fair use doctrine is completely overlooked.

More specific materials addressing new forms of online creation that students may be taking part in, such as online video content, should be included.

Aspects to Consider Using:

Considering the availability of the Internet – and the high-profile of Internet-related copyright concerns – the materials should both better inform students of the risks and opportunities posed by digital media, and incorporate activities that introduce them to copyright concerns online.  While providing lists of websites is helpful, an online tutorial or game implementing the ideas taught may prove more engaging. 

At various points, the workbook prompts students to create their own artistic work.  Perhaps a website could be established where students could upload and/or register their creations, and view the creations of other students who have completed the program.  Seeing the unique ways in which other students express similar ideas may aid them in better understanding and appreciating the premium placed on creative expression.

Materials could be tailored to more distinct age ranges (i.e. one workbook for elementary school and one for middle school), employing age-appropriate graphics and examples.