Clearing Up Copyright Confusion Session

Copyright Confusion Session

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
  • 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

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