background preloader

Fair Use Evaluator

Fair Use Evaluator
What this tool can do for you: What this tool cannot do for you: Related:  Copyright

Copyright Law: Chapter 1 and Related Laws Contained in Title 17 of the United States Code Circular 92 § 101 . Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following: An “anonymous work” is a work on the copies or phonorecords of which no natural person is identified as author. An “architectural work” is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. “Audiovisual works” are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. A person’s “children” are that person’s immediate offspring, whether legitimate or not, and any children legally adopted by that person. (3) the Berne Convention;

Teacher Permission Template for Internet Resources For the last couple of days Educational Technology and Mobile Learning has been posting alot about about copyright guidelines and resources which you can check HERE if you have missed them. I am really so glad that you liked these resources and the feedback I get from you is a living proof of how engaging those materials are to you. I am also so proud of those of you who spare us a couple of minutes and write us and email or comment to share with us resources we haven't covered here. Our motto has always been collaborative knowledge-building and together we can make this platform a repository of free educational resources that any teacher from anywhere in this planet can access any time. One of my readers sent me this template to share with you and I was really surprised that I missed this awesome resource. This is only a snapshot, you need to click on the image to access the original form to use with your students.

Code of Best Practices in Fair Use for Media Literacy Education Adopted by the NCTE Executive Committee, November 2008 By: National Association for Media Literacy Education (NAMLE), Student Television Network (STN), Media Commission of the National Council of Teachers of English (NCTE), Action Coalition for Media Education (ACME), and Visual Communication Division of the International Communication Association (ICA) WHAT THIS ISThis document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances -- especially when the cultural or social benefits of the use are predominant. WHAT THIS ISN’TThis code of best practices does not tell you the limits of fair use rights. It’s not a guide to using material that people give the public permission to use, such as works covered by Creative Commons licenses. USE OF MEDIA IN EDUCATION vs. Legal Advisory Board:Jamie B.

Recut, Reframe, Recycle When college kids make mashups of Hollywood movies, are they violating the law? Not necessarily, according to the latest study (PDF) on copyright and creativity from the Center and American University's Washington College of Law. The study, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video, by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school's Program on Information Justice and Intellectual Property, shows that many uses of copyrighted material in today's online videos are eligible for fair use consideration. The study points to a wide variety of practices—satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)—all of which could be legal in some circumstances. Check out this video from Chronicle.com: Unfortunately, this emerging, participatory media culture is at risk, with new industry practices to control piracy.

Stanford Copyright & Fair Use Center Free To Use and Share: Resources To Help Teach Kids (and Adults!) About Copyright and Creative Commons I've gotten a few requests lately for resources on how to teach kids (and adults!) about copyright. I've written before about how I don't think any lesson on copyright can be effective without an emphasis on creative commons and helping students choose licenses for their own work. To that end, I've also written before about how much love Edcanvas - a tool which recently changed its name to Blendspace. Enjoy! Direct link to this blendspace.

Confu Confu: The conference on fair use In late April, 1997, Bruce Lehman, Commissioner of Patents and Trademarks, publicly stated that the Proposed Guidelines negotiated by CONFU participants had failed to achieve consensus support. In May, 1997, at its third "final" meeting in Washington, D.C., CONFU participants concurred. None of the Proposed Guidelines would survive the comment and endorsement process that ended in May. Since the Multimedia Guidelines had a life of their own apart from CONFU (see Confu: Background), their proponents indicated that they were alive and well and ready for use, but the future for the other two (Images and Distance Learning) is uncertain. The Reserve Guidelines had already fallen by the wayside early last fall (1996). What happened and what does it mean for fair use in the electronic environment? CONFU Background Information and Guidelines | The Final Report of the PTO Does this mean that no one should use the Guidelines? Negotiation Litigation Legislation

Fair Dealing for Media Education The two-part test: exemptions To determine if something is Fair Dealing, a two-part test is applied. The first test is whether or not the use falls under one of the exemptions: research, private study, criticism or review, news reporting, parody and satire or education. Research most often involves academic research but the courts have defined it more broadly to include nearly any kind of research; for instance, posting 30-second clips of songs on a website that sold digital music was determined to be fair use because it enabled consumers to do research in deciding whether or not to buy the songs. Private study is just that: the making of a single copy for your own use (for example, photocopying or hand-copying sections of a book for reference). Criticism or review includes examples such as quoting from a novel or film (in which case the "quote" might be a video clip) in a review, or quoting from an academic work in order to argue against its point. The two-part test: Fair Dealing factors

Educational Use of Media: Exemptions to the DMCA The 1998 Digital Millennium Copyright Act makes it illegal to bypass the software "locks" on DVDs and other digital media, colloquially known as Digital Rights Management. Every three years, however, the Copyright Office of the United States reviews petitions to create specific exemptions to this ban on circumvention. In the 2006 rulemaking, University of Pennsylvania professors Peter Decherney, Katherine Sender, and Michael Delli Carpini successfully petitioned for an exemption for media professors making clips for teaching purposes. Not only was their exemption granted, but they persuaded the members of the Copyright Office to reconsider the methodology used to evaluate potential exemptions. As a result, the exemption process began to come into line with fair use, and the door was opened for more and broader exemptions. In the 2009 rulemaking, Decherney, Sender, and Delli Carpini were joined by a coalition of organizations to propose an expanded exemption. How do I copy DVDs?

Creating the copyright problem for teachers | Kennisland 14 oktober 2014 Last week I had the pleasure to give a talk1You can have a look at the slides I used here (Dutch only). to about 35 progressive high school teachers about Open Education, copyright and Creative Commons licenses. I have discussed this topic with teachers before, but it was the first time I came back the next day to answer any questions that arose after they had a chance to implement my tips and tricks. Thankfully, more and more teachers are taking control of their classes and personalising their lessons. The problem(s) Where most countries have exceptions and limitations implemented in national legislation with regard to education, these safeguards are often irrelevant22Teresa Nobre of CC Portugal researched exceptions and limitations in European Copyright. when the teacher shares beyond the physical classroom. The teachers’ response You start to understand why the teachers were less than happy with me last week. What can we do?

Using Technology If experts can't agree on acceptable fair use guidelines for works created using new technologies, what can educators do? Fortunately, some resources are available! Included: Fair Use Guidelines for Educational Multimedia. Is Fair Use a License to Steal? "There was an effort to develop some additional guidelines several years ago," according to Nancy Willard, a former copyright attorney and project director at the University of Oregon Center for Advanced Technology in Education, "but the participants were unable to agree to a common set of guidelines. "In 1994," Willard told Education World, "the U.S. See the CONFU Background Information and Guidelines to learn more about the CONFU process and its problems. If even the experts can't agree on acceptable fair use guidelines for works created using new technologies, what can educators do? face-to-face student instruction. educational uses in the course for which they were created. No more than two copies of a project may be made.

Copyright Law: Chapter 1 and Related Laws Contained in Title 17 of the United States Code Circular 92 § 101 . Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following: An “anonymous work” is a work on the copies or phonorecords of which no natural person is identified as author. An “architectural work” is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. “Audiovisual works” are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. A person’s “children” are that person’s immediate offspring, whether legitimate or not, and any children legally adopted by that person. (3) the Berne Convention;

Happy Birthday Is Finally Public Domain, China's Official Linux Distro...[Tech News Digest] The song “Happy Birthday” finally enters the public domain, a look at the Linux distro the Chinese government is hoping to replace Windows with, people are watching fewer season premiers this year, Pebble’s got an attractive new watch, and a cat that is absolutely up to no good. Happy Birthday Is Now Public Domain Have you ever wondered why TV and movie characters go out of their way to avoid singing “Happy Birthday”? But no more! Eight decades later, the bogus copyright claim to "Happy Birthday" has been busted. EFF (@EFF) September 23, 2015 You can read more about this decision at the Washington Post, and you totally should. What we can do, legally, is print the lyrics to Happy Birthday, without fear of reprisal: Happy birthday to you Happy birthday to you Happy birthday dear reader Happy birthday to you! Seriously, how was that not public domain? The Operating System China Wants to Replace Windows People Are Watching Less TV Pebble’s New Watch Looks Pretty Nice

Much like the checklist, this evaluator is a valuable tool in verifying that the use of books, images, etc. is allowable under fair use and the copyright code. by annambaker Feb 5

Related: