After you have reviewed the Class 11 reading assignments, post a message in which you discuss your reaction to at least one of the following:
something new you learned about copyright/educational fair use that you did not know before reviewing these materials
one thing you read about that you agree with
one thing you read about that you disagree with
one thing you think may have applicability to your own teaching
one thing you think may have applicability to your own digital media production efforts
anything else you would like to discuss
Wednesday, November 12, 2008
Blog Assignment 11a
Posted by Bernard Robin at 3:42 PM
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20 comments:
Before reading the article, The Code of Best Practices in Fair Use for Media Literacy Education, i wasn't really sure what "fair use" meant. One section discusses how judges interpet fair use. The two questions they look at are:
1. Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purposethat that of the original, or did it just repeat the work for the same intent and value as the original?
2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
When the answer is "yes" to these 2questions, it is generally deemed "fair use." This is a good test I will use when determining whether or not I am practicing fair use.
I was surprised to read the following statements, “there have been no important court decisions—that actually interpret and apply the doctrine in an educational context” I assumed that this was an issue that had been dealt with by the courts already. I’m glad that educators have been left off the hook with this issue when it comes to leagalities.
I have experienced the following;
“ materials on copyright for the educational community tend to overstate the risk of educators being sued for copyright infringement—and in some cases convey outright misinformation about the subject
I have experienced this at a teacher in-service, the presenter really put the “fear of God” into us by threatening against incorrect use of copyrighted materials.
Did anyone find this statement agist? “Veteran teachers may keep clippings from newspapers in manila file folders to use for media literacy education; younger ones may store their materials as digital files”
Who says veteran teachers can’t save digital files?!
I disagree with the following statement; “Educational guidelines have often hurt more than they have helped.” I think it’s important for educators to use images, audio, video sparingly. Teachers should promote student-centered learning. Guidelines in education that teach teachers to limit use is a healthy thing. I’m thinking of the extreme bad example of the teacher who shows whole videos ALL THE TIME.
applications;
I use the fourth principle in the code of best practices regularly. My students and I are always using google image search for resources. We never steal completely but use the images as a stepping off point in our artmaking. It’s important to study other artists and learn their secrets.
I think that for me, after reading the The Code of best Practices in fair use for Media Literacy Education, the most helpful and most applicable for my teaching would be the 5 Principles. I liked the way the article broke it down between, description, principles, and limitations. I think that this would be helpful the next time I have a question or concern if what I am "borrowing" is legal or illegal.
something new you learned about copyright/educational fair use that you did not know before reviewing these materials:
1. When I read the Code of Best Practices, I was familiar with the defination of what fair use was but I did not a many of the details of it.
2. I liked that the document helped to define the limits and pricipals of fair use and copyright.
3. The Cost of Copyright Confusion also pointed out to me that many educators are often times afraid to use copyright because of the law.
4. The article Recut, Reframe, and Recycle discusses the art of mashing popular movies or copyrighted materials in a video. I had not thought about that violating the copyright law.
one thing you read about that you agree with:
I thought that all of the articles go into great detail about what an educator can and cannot do in concerns to copyright and fair use.
I had been told in the past that when you used a video or material that was copyrighted you could only show thirty minutes of it.
one thing you read about that you disagree with I disagree that many educators are afraid to use copyrighted materials and that their lessons could be enhanced. I think that as educators that we should use them in a limited basis as we don't rely on these videos or other materials.
One thing you think may have applicability to your own teaching.
I think that when I discuss things with the kids about plagarism that I should include the defination of copyright infingement.
one thing you think may have applicability to your own digital media production efforts:
I would look more closely at what I use.
I really agree with this statements. "transformative—adding value to what they take and using it for a purpose different from the original work." I think this is what fair use means. Why do educators use the copyrighted materials in the class. Because the purpose of education added the value of the production. Just as we use copyrighted pictures of movies in our digital story to tell students a story that can teach them something valuable. I think transformation of the product, not just play the whole movie without further discussion, is very important.
Something new you learned about copyright/educational fair use that you did not know before reviewing these materials.
- I learned that the copyright literature implies that librarians, teachers, as well as principals can be held personally liable for non-curricular usage of a video.
- I did not know librarians can be sued if teachers do not add a lesson plan for the films they want to illustrate to their students in the library.
One thing you read about that you agree with
- I agree with the librarians about making it their business if a video is being borrowed from the library for a non-curricular usage.
one thing you read about that you agree with:
I agree that whatever is out there is out there for more than just to entertain. I feel if material is being used to educate it is fair play.
one thing you read about that you disagree with:
Just becareful, movies in the classroom can get you trouble if it is not being shown for educational purposes. I learned just recently and I am sure everyone knows that and that is if you show Disney movies you can get into a heap of legal problems.
one thing you think may have applicability to your own teaching:
My students and I use google images all the time for digital stories and I do tell them about copyright infringement as well as plagrism.
one thing you think may have applicability to your own digital media production efforts:
Same as before, just be careful of the things we use.
As a librarian's daughter, I was aware of the Fair Use act and using copyrighted materials for educational purposes. However, I had not read the actual provisions of Section 110CD of the Copyright Act.
I support the use of the Doctrine of Fair Use for educators and students. In the current media age, restricting materials to schools due to strict copyright laws would certainly hinder some educational activities (such as the ones many of us are doing for our projects in this class!)
I disagree with U-Tube censoring/removing all videos that contain copyrighted material. However, I do think that there is a fine line between borrowing material to create something new and stealing.
I am surprised that there has not been more attention by the courts to look into Fair Use.
In my own classroom, this would affect me if I wanted to post on Web-CT video clips of a film based on a novel or an advertisement that I wanted my students to analyze. I think this would fall under the appropriate use of this doctrine.
My digital project will contain photos taken from the web, but the majority of the photos will be my own.
Learned: I had always functioned under the “rule of thumb” that 10% of a work made it safe from infringement. I learned from reading the myths and truths at the end of the Code of Best Practices for Fair Use with Media Literacy that there is no “rule of thumb” for an amount. As long as educators use only what is necessary to support an objective and give credit, Fair Use protects. I have also functioned under the impression that one must ask permission to use anything found on the World Wide Web. What I thought was extremely interesting was that actually being rejected after asking permission has actually enhanced Fair Use claims in the past.
Agree: I agree that if educators better understand Fair Use and actually use copyrighted materials to improve critical thinking that instruction will benefit. I also agree with only using portions that are necessary to support the objective and in giving credit.
Applicable to job: I think now I can be more assured in knowing that as long as only a necessary portion of a work used to achieve the goal along with giving credit is enough, that I’ll not be as tentative about using items from You Tube and other works easily found while designing online instruction. Last week I had listened to someone on You Tube discussing by adding a purpose for the reuse of a work in the beginning of a video, giving credit, and/or adding a critical analysis of the work would protect against infringement.
Applicable for Digital Production Efforts: After reading the Code for Best Practices, I feel more comfortable using images and video clips to enhance my own production efforts. Even though I agree with giving credit, I haven’t actually been successful in keeping track of everything gathered for possible use in projects.
Question – p. 11- How can reasonable protection against third-party access and download be achieved?
After reading the article on Fair use, I was surprised at how “flexible” its interpretation can be. I was also always under the impression you had to really watch what you used in the classroom so you were not used or lose your job, or whatever nonsense they try to scare you with. More importantly, I did not know as long as you can take the material and create something new with it, like the mash up they were describing in one of the other articles and it would be considered fair use. I also think it's important to teach media literacy in the classroom, and not just show different forms of media to students without analyzing the message and purpose behind a particular piece of media. Movies are supposed to be for entertainment, but students need to be able to interpret hidden messages, and media literacy further allows students to develop critical thinking skills. Students need to understand not everything they see on the news, or read in a newspaper or magazine is a hundred percent accurate or truthful.
I felt like 'The Code of Best Practices in Fair Use for Media Literacy Education" Article gave me a great wealth of information that was extremely helpful. As an educator we must be aware of these type of copyright/fair use laws. I had a very limited knowledge about the specifics that were discussed in the article. I then went on to share this valuable information with my 8th grade team.
The best practice for uses pertaining to media literacy was especially timely and important. Two things that stood out about the topic was:
1. that I am able to share examples with other teachers. My project partner and I have been doing this throughout the semester.
2. that commercial products could be made using this fair use clause. I worked for a textbook company once and they created CBTs. I always wondered if they had to pay copyright on all of the materials or if they created all of it from scratch.
Fair use: the 4 wall rule applies to the best practices: but when it comes to entering contests, then it requires asking permission and then waiting for a response: This has happen in the past with history fair and webpage contest. I don't think that Sony will sue a school district for copyrights violation. the confusing part is when it enters the public domain like a website: (school) We are producing a doc on a community project and is taking news video as excerpts with primary source video and images. we are transforming into something new but at what degree and infraction?
the vagueness of this law is purposeful to some degree because it allows for limitation and flexibility on the owners then the courts can decide: like napster.
Then, i could start an educational file sharing website: hmmm
Fair use… as a rule of thumb, if no one is financially benefiting and that the use of the copyrighted material is part of a learning process and is used in a way that the end product is a new creation about its self and not about the outside materials, then I would feel good and safe about applying fair use. However, there are some gray areas for me, such as what if the organization where the educational process is taking place is a for profit business, for example, a private college or school. In this case, I still feel that the students and the teachers are justified in the use of the product, but it seems somehow unfair for the school to benefit its bottom line by its use.
I did feel very positive about the statement referring to the use of culture to create new culture, this made a lot of sense to me and I being an artist, can surely relate to the times that my work has been influenced by the efforts of another artist. And, that being stated, I would be nothing but complimented by a fellow artist using my work as a creative influence for their creative efforts.
Something that I read and agree with is that: teachers' lack of knowledge about copyright/educational fair use prevent them from using more effective teaching techniques and innovative media classroom use. This is why it is very important to understand, share and discuss with teachers in our school the four factors of fair use, and the five principles of the code of best current practices in fair use. These factors and principles are something new I learned that I would like to share with teachers at my school.
It is interesting to se what the definitions of fair use are. There is still a lot of gray areas for me in the proper usage of materials for classroom instruction.
I use a lot of editing tools and music in my classroom.
I have was posting images and video clips on my personal teacher page but have since removed them.
Although the articles were a little confusing and difficult to understand for me, I did learn a few things that go deeper than what I previously thought- that pretty much anything goes in a school setting. I think the rule of thumb that educational use is ok if the material is being used for a different purpose than originally intended- to teach a concept rather than for pure entertainment, for example- was pretty helpful. I do believe, now that there are some major copywrite laws being broken in the school where I work. They show Disney films on a large screen in the auditorium as fundraisers. Students pay to see the movie, and it is purely intended as entertainment. I'm not sure if they have permission to do this, but I'm definitely planning on asking the coordinator about it. I'm also a little nervous that I have infringed on copy-write, also. Although I've never collected money- I show movies to the kids after TAKS test- for entertainment. I've always been told that as long as I'm not making money that its fine- I'm not so sure now.
Basically, it seems pretty important that educators be aware of our rights and responsibilities with technology
Although I have been aware of Fair Use and what copyright meant, I definetely wasn't aware of the many details. It was like reading a law textbook!
I agree that there needs to copyright rules to protect the owner and also to make your own work authentic. However, I'm unclear about asking permission for music if I need to put it in the internet. So, if I want to have a piece by Mozart as my background music, how am I going to get permission? Do I need to find the piece in an original CD and contact the producers? I think in such cases the copyright laws should be a little flexible.
I always get excited about fair use. As a student, I never get too bent or worried as long as i site. As an instructor, I try to limit my exposure and the exposure of my institution to a flat zero. I'm truly excited about the burgeoning intrest of opensource materials for education (ie textbooks). I really think fair use might just be moot brefore long.
also, im reading The Pirate's Dilemma: How Youth Culture Is Reinventing Capitalism (Hardcover)
by Matt Mason
lots of great stuff in it about pop cult and
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