Kristin Hokanson with Renee Hobbs
- Exercising fair use demands an expanded conception of literacy that includes mass media, popular culture, and communication skills
- Copyright confusion — the end has arrived with the Code of Best Practices for Fair Use
- Purpose of copyright: to promote creativity, innovation, and the spread of knowledge — Article 1, Section 8 of the Contitution
- Copyright was not designed to have forceful restrictions
- How teachers coped
- “I am going to do what I want”
- “Close the door”
- “Hyper-comply”
- Problem — the educational use guidelines are still confusing
- These are negotiations between media companies and educational groups
- But, these “guidelines” are not the law — these documents give them the appearance of law, but they are not and the guidelines have a negative effect on education
- Transformative use
- Repurposes materials for a use that is different than original intent — modifies exisitng media and places it in a new context
- Fair use music video designed for students
- Creative Commons looks at owner’s rights
- Lessig’s idea — let’s give the owners some options
- But, users still have rights under fair use, too
- Think of Creative Commons as an owner right and fair use as a user right
- TEACH Act and Digital Millenium Copyright Act have limited fair use
- No teacher has ever been sued under fair use — but cease and desist letters are used to create fear and uncertainty
- This is all the copyright holders can do — not really force you to take something down
- Almost all parodies are protected under fair use
- There are fair uses that are not transformative, too
- Some can be illustrative, so long as it benefits society more than it harms the copyright holder
- All fair use is based on informed opinion — did we make a good faith interpretation, especially for educational purposes
- Fair use is an interpretation that we, as educators, are obligated to do under the law