Copyright Clarity: How Fair Use Supports Digital Learning / Edition 1

by Renee Hobbs

Overview

This jargon-free guide clarifies principles for applying copyright law to 21st-century education, discusses what is permissible in the classroom, and explores the fair use of digital materials.

Product Details

ISBN-13:	9781412981590
Publisher:	SAGE Publications
Publication date:	04/07/2010
Pages:	128
Product dimensions:	6.90(w) x 9.90(h) x 0.50(d)

About the Author

Renee Hobbs is Professor and Founding Director of the Harrington School of Communication and Media at the University of Rhode Island, and Interim Director of the Graduate Program in Library and Information Studies. Professor Hobbs is one of the nation's leading authorities on media literacy education. Through community and global service and as a leader, researcher, teacher, and advocate, Hobbs has worked to advance the quality of digital and media literacy education in the United States and around the world. She founded the Media Education Lab, whose mission is to improve the quality of media literacy education through research and community service. In the early 1990s, she created the first national teacher education program in media literacy at the Harvard Graduate School of Education.

Journal for Media Literacy Education, an open-access peer reviewed journal. In 2012, she served as a Fellow for the American Library Association Office of Information Technology Policy. As a field-builder, she helped found the Partnership for Media Education, which evolved into the National Association for Media Literacy Education (NAMLE), the national membership organization for media literacy. She has sought and received exemptions on behalf of K-12 educators to protect fair use of copy-protected digital media as part of the Digital Millennium Copyright Act (DMCA), helping advance the benefits of digital learning for all teachers and students.

Renee Hobbs received an Ed.D in Human Development from the Harvard Graduate School of Education, an M.A. in Communication from the University of Michigan, and a B.A. with a double major in English Literature and Film/Video Studies from the University of Michigan.

Table of Contents

Foreword vii

Preface ix

Acknowledgments x

About the Author xii

1 Copyright Matters for 21st-Century Learning 1

Educators and Students Use Copyrighted Materials 2

Why Do Educators Care About Copyright and Fair Use? 5

From Copyright Confusion to Copyright Clarity 6

Transformativeness: It Will "Shake Your World" 8

Building Consensus Among Educators 9

What You Can Expect From This Book 11

2 Dispelling Copyright Confusion 15

What Is Copyright? 17

The Purpose of Copyright 18

The Power of Fair Use 19

Copyright Confusion 20

The Consequences of Copyright Confusion 24

Fair Use as a User Right 26

The Problem With Educational-Use Guidelines 27

Beware of Charts and Graphs 28

Fair Use and the Marketplace 31

Copyright, Fair Use, and Online Learning 32

Industry-Sponsored Copyright Misinformation 34

3 Users Have Rights, Too 39

New Instructional Practices Proliferate 40

The Political and Educational Value of Copying 41

Authorship and the Romantic Ideal 43

Understanding Transformative Use 44

Comparing and Contrasting Photographs: An Online Production Project 49

Inspired by Harry Potter 54

The Issue of Market Impact 55

Making Copies for Whom? For What Purpose? 56

4 Fair Use and Digital Learning 63

Are Educators Up for the Challenge? 65

Communities of Practice Define Fair Use 66

Creating a Code of Best Practices for Educators 68

What About Permissions? 73

Attribution: Giving Credit Where Credit Is Due 76

Teaching About Copyright and Fair Use 77

Using Copyrighted Work to Make Something New 80

5 The Future of Copyright 83

Unlocking the Power of Film in Education 84

The Ironies Resulting From Technology Shift 87

The Future of Intellectual Property: Three Views 89

What's at Stake: The Future of Education 94

Resource A Leading a Staff-Development Workshop on Copyright and Fair Use 97

Resource B Excerpts From Copyright Law 105

Endnotes 111

References 120

Index 125

Editorial Reviews

This book cuts right to the heart of uncertainties about how copyright and fair use apply in the classroom—confusions that block many valuable pedagogical interventions. Hobbs offers the information straight, addressing common misperceptions and laying out the current understandings of intellectual property law in clear, engaging prose.

Henry Jenkins

"This book is provocative, readable, and well written. It will make educators think about their practices and framework. Recommended. "

Suzanne Libra

"This long-awaited book is exactly what has been needed to relieve educators’ anxieties about the legality of using copyrighted materials during instruction and presentations. In addition to answering questions about fair use practice in an easy-to-understand manner, Hobbs offers examples of how Internet and communications technologies support essential literacy and communication skills in 21st-century classrooms. This slender text is a must-read for every educator independently or as a professional development choice. "

Diane Lapp