Fair Use

Teachers Teaching Teachers #273 Thanks for Open Educational Resources with Karen Fasimpaur, Antero Garcia, Daye Rogers 11.23.11

61:35 minutes (14.09 MB) teachers273Happy Thanksgiving! On this episode of Teachers Teaching Teachers we give thanks for OER!

Open Education Resources (OER) are teaching, learning, and research resourcesthat reside in the public domain or have been released under an intellectual property license that permits their free use or re-purposing by others. Open educational resources include full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge.

Defining ORE wikieducator.org/Educators_care/Defining_OER#cite_note-0

We are joined by Karen Fasimpaur and Antero Garcia fresh from their NCTE presentation (along with Paul Oh and Harry Brake) NCTE 2011 - OPEN EDUCATION, DIGITAL RESOURCES, SHARING, AND NEW LITERACIES.

Scott Shelhart and Daye Rogers also join Paul Allison and Monika Hardy .

Click Read more to see a copy of the chat that was happening during the webcast.

Conversations Episode 67 - Ethics and Copyright/Copyleft

56:53 minutes (26.04 MB)

This week, Lisa, Sheila, and Maria were joined by Kristin Hokanson in the chatroom and Alec Couros in the skype call to discuss copyright and fair use, copyleft and cc licensing, and the ethics surrounding it all.


Chat Archive:

Teachers Teaching Teachers #184 - Renee Hobbs and Troy Hicks Discuss Fair Use - 01.27.10

70:47 minutes (16.2 MB)

Our friend and colleague, Chris Sloan, from the Wasatch Range Writing Project in Utah invited Renee Hobbs and Troy Hicks to join us on this week’s Teachers Teaching Teachers. (By the way, if you would like to plan and produce (and later edit) a TTT webcast like Chris did for this episode, please email Paul Allison or Susan Ettenheim.)

Here’s how Chris Sloan describes his thinking for the live webcast:

The authors of “Code of Practices for Fair Use in Media Education” might just as well be describing me, when they write, “Most ‘copyright education’ that educators and learners have encountered has been shaped by the concerns of commercial copyright holders, whose understandable concern about large-scale copyright piracy has caused them to equate any unlicensed use of copyrighted material with stealing.”  While the Code of Best Practices in Fair Use for Media Literacy Education was published more than a year ago, I still have questions about how it applies to my own teaching and to my students’ digital compositions.  And I don’t think I’m alone either.  So I thought having a chat with Renee Hobbs and Troy Hicks, two people who’ve thought a lot about this, might help me (and other teachers like me) think through the copyright doctrine of fair use.


We asked Renee to talk about her background, how she got to this place where she is, a media educator at Temple University.  In November 2008, educators were introduced to the “Code of Best Practices in Fair Use for Media Literacy Education, by Renee Hobbs, Peter Jaszi, and Patricia Auferheide.  We also asked her how and why the three of them created this code? Troy Hicks wrote a book The Digital Writing Workshop and an article “Transforming our understanding of copyright and fair use”.  Given that he had written a book that advocates how to teach digital writing, we are happy to have his thoughts on Renee’s work during this podcast.

  • At the end of the section, “What is transformative use?” Troy writes: “If we as educators can invite our students to think critically about their use of copyrighted materials in the process of creating their own digital compositions, and help them understand what it means to build on the work of another in a transformative way, then we can open up thought-provoking discussions about how we compose in the 21st century.”  Can you say more about that Troy?  How does that look in your own teaching?

Now some teachers might not think that this document pertains to them because we might not all understand the title and/or the concept of “Fair Use,” but one of the things I notice pretty quickly about the document (on page 2) is that media literacy is often embedded in other subject areas.  Additionally the description of Media Literacy Education seems to describe what students do in Youth Voices a lot of the time, and what more students will be doing the more they create digital compositions.

  • ML is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms
  • ML responds to the demands of cultural participation in the 21st century
  • ML like all literacy includes both receptive and productive dimensions
  • media can influence beliefs, attitudes, values, behaviors and the democratic process

The Guide addresses… “the transformative use of copyrighted materials in media literacy educations that can flourish only with a robust understanding of fair use….  The Supreme Court has pointed out that fair use keeps copyright from violating the First Amendment….  Fair use helps ensure that people have access to the information they need to fully participate as citizens.  The fair use doctrine allows users to make use of copyrighted works without permission or payment when the benefit to society outweighs the cost to the copyright holder.”“for any particular field lawyers and judges consider expectations and practice in assessing what is ‘fair’ within that field.  So in essence we’re talking specifically about fair use in an educational setting, about how fair use applies to student digital compositions published on the Internet – Youth Voices.The Fair use Doctrine (section 107) of the Copyright Act of 1976 states that the use of copyrighted material “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” is not infringement.In weighing the balance at the heart of fair use analysis, judges refer to four types of considerations mentioned in the law.

  • the purpose of the use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion used in relation to the original work
  • and the effect of the use on the market for the original

In recent years, legal scholars have found that courts return again and again to two questions in deciding if a particular use of a copyrighted work is a fair use

  • did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
  • was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

Applying the doctrine of fair use requires a reasoning process, not a list of hard-and-fast rules.  It requires users to consider the context and situation of each use of copyrighted work.  So we want you to join us. We’ll present a couple of cases from our work on Youth Voices.

Click Read more to see a transcript of a chat that was happening during the webcast.

Teachers are Talking # 19 - Kristin Hokanson

58:32 minutes (26.8 MB)

In this episode of Teachers are Talking, Kristin Hokanson joined Lisa Parisi and Susan van Gelder to discuss fair use practices and copyright issues.  It was quite an eye-opening discussion.


Chat here:

Teachers Teaching Teachers #135: Opening up to Fair Use - 01.14.09

59:45 minutes (19.32 MB)

We have a least three reasons for you to listen to this episode of Teachers Teaching Teachers.

  1. Last semester, Susan Ettenheim, Sarah Sutter, and Chris Sloan brought their digital photography classes together on Youth Voices. Susan and Sarah had their students share final projects in the week before this podcast. In the beginning of this podcast, Susan and Sarah talk about their work together from this semester, and where it might go in the future. Also, you might want to check out more at their online community: Digital Photography | Youth Voices.

  2. The middle half-hour of this podcast is devoted to a lively conversation with Peter Jaszi from the Program on Information Justice and Intellectual Property at Washington College of Law, American University. Professor Jaszi has been one of the coordinators of a process of knowledge-building and consensus-making that recently led to the publication of the Code of Best Practices in Fair Use for media Literacy Education -- http://centerforsocialmedia.org/medialiteracy. Those of us who work with students to publish, distribute and discuss their work online are always dealing with issues of copyright and intellectual property. It was exciting to re-think the issues of fair use with Peter Jaszi.
  3. Two MIT alumni also joined us on this podcast. Jack Yu and Nori Yoshida were class mates at MIT, and now they've launched an SAT vocabulary video contest at Brainyflix.com. We asked them how came up with this idea for using Internet tools to help young people with the SAT. We also wondered what else they are planning.


Click Read more to see a transcript of a chat that was happening during the webcast.


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