Fair use and transformativeness: It may shake your world - Ne...
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Bookmark History
Saved by 39 people (2 private), first by anonymouse user on 2008-04-01
- Langlabcindy on 2008-09-14 - Tags copyright , fair_use , library
- Wfryer on 2008-09-02 - Tags copyright , fair_use , fairuse , education , intellectualproperty , library , legal
- Epricepatel on 2008-08-04 - Tags fairuse , copyright , library
- Cobannon on 2008-08-01 - Tags copyright , fairuse
- Sislmc on 2008-07-30 - Tags copyright , fair_use , valenza , transformativeness
Public Sticky notes
Highlighted by cfoote
I am no longer sure that anything I learned, or anything I regularly share
relating to fair use, is either helpful or relevant. As a gatekeeper, I've
been far too conservative.
Highlighted by cfoote
copyright is designed not only to protect the rights of owners, but also to preserve the ability of users to promote creativity and innovation.
Highlighted by beahgo
Fair use is a doctrine within copyright law that allows use of copyrighted material for educational purposes without permission from the the owners or creators. It is designed to balance rights of users with the rights of owners by encouraging widespread and flexible use of cultural products for the purposes of education and the advancement of knowledge.
Highlighted by teacherninja
Fair use is a doctrine within copyright law that allows use of
copyrighted material for educational purposes without permission from the the
owners or creators. It is designed to balance rights of users with the rights of
owners by encouraging widespread and flexible use of cultural products for the
purposes of education and the advancement of knowledge.
My new understanding:
I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
My new understanding:
I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
Highlighted by mitchij
Fair use is a doctrine within copyright law that allows use of
copyrighted material for educational purposes without permission from the the
owners or creators. It is designed to balance rights of users with the rights of
owners by encouraging widespread and flexible use of cultural products for the
purposes of education and the advancement of knowledge.
Highlighted by mrplough07
My new understanding:
I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
Examples of transformativeness might include: using campaign video in a lesson exploring media strategies or rhetoric, using music videos to explore such themes as urban violence, using commercial advertisements to explore messages relating to body image or the various different ways beer makers sell beer, remixing a popular song to create a new artistic expression.
I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
Examples of transformativeness might include: using campaign video in a lesson exploring media strategies or rhetoric, using music videos to explore such themes as urban violence, using commercial advertisements to explore messages relating to body image or the various different ways beer makers sell beer, remixing a popular song to create a new artistic expression.
Highlighted by mrplough07
I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
Highlighted by pwoessner
the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.
Highlighted by teacherninja
the critical test for fairness in terms of educational use of media is transformative use
Highlighted by beahgo
adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use
Highlighted by beahgo
Examples
Highlighted by teacherninja
Long ago, I learned that educational use of media had to pass four tests to be
appropriate and fair according to U.S. Code Title 17
107:
-
- the purpose and character of the use, including whether the use is commercial or nonprofit
- the nature of the use
- the amount of the use
- the effect of the use on the potential market for the copyrighted work.
Highlighted by mrplough07
--A Conversation about Media Literacy, Copyright and Fair Use--stirred up more
cognitive disonance than I've experienced in years
Highlighted by mrplough07
the discussion was one of several to be held around the country designed to
clear up widespread confusion and to:
develop a shared understanding of how copyright and fair use applies to the creative media work that our students create and our own use of copyrighted materials as educators, practitioners, advocates and curriculum developers.
Highlighted by mrplough07
national code of practice
Highlighted by mrplough07
Jaszi points to Bill
Graham Archives vs.Dorling Kindersley (2006) as a clear example of how
courts liberally interpret fair use even with a commercial publisher.
Highlighted by mrplough07
Jaszi points to Bill
Graham Archives vs.Dorling Kindersley (2006) as a clear example of how
courts liberally interpret fair use even with a commercial publisher. Dorling
Kindersley planned to include images of posters owned by the Bill Graham
Archives in its book, Grateful Dead: The Illustrated Trip, a cultural
history of the band. They sought permission to use the posters. Permission was
refused, but DK choose to use the images anyway. BGA filed suit against DK
for copyright infringement. The courts threw the case out, agreeing with
DK's claim of fair use. The posters were originially created to promote
concerts. DK's new use of the art was designed to document events in
historical and cultural context. The publisher added value in its use of the
posters. And such use was transformative.
Highlighted by mitchij
BGA filed suit against DK for copyright infringement. The courts threw the case out, agreeing with DK's claim of fair use. The posters were originially created to promote concerts. DK's new use of the art was designed to document events in historical and cultural context. The publisher added value in its use of the posters. And such use was transformative.
Highlighted by beahgo
The publisher added value in its use of the posters. And such use was
transformative.
Highlighted by mrplough07
Another study by Jaszi and Aufderheide, Recut,
Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video,
contends that the many uses of copyrighted material in online video are eligible
for fair use consideration. A video introducing the study, shares a
different kind of focus, a focus on what users can do with borrowed
media and that use includes "quoting in order to make a new commentary on
popular culture, and creating a new piece of popular culture."
Highlighted by mitchij
Here's what I think I learned on Friday about fair use:
Highlighted by pwoessner
Here's what I think I learned on Friday about fair use:
- The Multimedia Fair Use Guidelines describe minimum rules for fair use, but were never intended as specific rules or designed to exhaust the universe of educational practice. They were meant as a dynamic, rather than static doctrine, supposed to expand with time, technology, changes in practice. Arbitrary rules regarding proportion or time periods of use (for instance, 30-second or 45-day rules) have no legal status.
- The fact that permission has been sought but not granted is irrelevant. Permission is not necessary to satisfy fair use.
- Fair use is fair use without regard to program or platform. What is fair, because it is transformative, is fair regardless of place of use. If a student has repurposed and added value to copyrighted material, she should be able to use it beyond the classroom (on YouTube, for instance) as well as within it.
- Not every student use of media is fair, but many uses are. One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project. Students need to somehow recreate to add value. Is the music used simply a nice aesthetic addition or does the new use give the piece different meaning? Are students adding value, engaging the music, reflecting, somehow commenting on.the music?
- Not everything that is rationalized as educationally beneficial is necessarily fair use. For instance, photocopying a text book because it is not affordable is still not fair use.
Highlighted by mrplough07
Permission is not necessary to satisfy fair use.
Highlighted by pwoessner
The fact that permission has been sought but not granted is irrelevant. Permission is not necessary to satisfy fair use.
Highlighted by beahgo
What is fair, because it is transformative, is fair regardless of place of use.
Highlighted by beahgo
One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project.
Highlighted by beahgo
adding value, engaging the music, reflecting, somehow commenting on.the music
Highlighted by beahgo
photocopying a text book because it is not affordable is still not fair use
Highlighted by beahgo
According to Jaszi,
Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised. People can't exercise it in a climate of fear and uncertainty.
Highlighted by pwoessner
Copyright law is friendlier to good teaching than many teachers now realize.
Fair use is like a muscle that needs to be exercised. People can't
exercise it in a climate of fear and uncertainty
Highlighted by mrplough07
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