Copyright license choice - cc licensed ( BY SA ) flickr photo shared by opensource.com
Objectives
- Illustrate that fair use requires reasoning and interpretation of context and situational factors
- Compare the reasoning, interpretation and divergent thinking required to make a fair use analysis to critical thinking and analysis skills through media literacy education
- Apply the the concepts of copyright and fair use to the practice of teaching and learning
Rationale
Understanding and applying fair use of copyrighted material requires interpretation. The fair use provision is deliberately flexible to anticipate and meet the needs of a constantly changing and unpredictable world. This means that there are no simple checklist or easily quantifiable way to identify what constitutes fair use of copyrighted material.It is important to remember that reasonable people can disagree about fair use. In determining fair use there is no right answer. Again, it requires interpretation. As a result, courts have established a “reasonableness standard” limiting liability in certain educational contexts. Confidence in applying fair use requires practice in critical thought, use of reasoning, and analysis of the four factors, while reflecting on the rights of the copyright owner and the rights of the user.
Challenge
Your challenge is to gain a deeper understanding of copyright as a legal concept, as well as the provision of fair use, and transfortiveness, through reading, discussion, critical thinking, and writing. Gaining a deeper, more nuanced understanding will help you apply a reasoning process that considers the context and situation when exercising your right to fair use of copyrighted material.
Instructions
Please complete the following activities in preparation for class.
Required Viewing
Watch the video "Users' Rights, Section 107" from the Media Education Lab, now located at University of Rhode Island.
After watching the video, replay the song while following along with the lyrics (pdf) and note some examples of creative work that you believe relies on the concept of transformativeness.
Required Reading
Read "Bill Graham Archives v. Dorling Kindersley FAQ" by Renee Hobbs, Katie Donnelly and Sandra Braman, which provides a summary of an important fair use case and its implications for education.
Recommended Reading
- "Remix as “Fair Use”: Grateful Dead Posters’ Re-publication Held to Be a Transformative, Fair Use" by Martine Courant Rife @ Conference of College Composition and Communication
Required Writing
Draft a narrative outline (three act structure) that explains the facts of the Bill Graham Archives v. Dorling Kindersley case. include things like who is the protagonist and antagonist, setting, conflict, rising action, climax, resolution, and any moral or lesson.
Draft a an explanation in your own words how the publisher was able to publish and use images from the Bill Graham Archives, making them transformative, and therefore a fair use of copyrighted material. Be prepared to share them in class.
Legal
All copyright lessons are inspired by and adapted from the Copyright And Fair Use: Lesson Plans for High School, College and Graduate Education work of Media Education Lab Professor Renee Hobbs at the University of Rhode Island's Harrington School of Communication and Media.
