11. Transformativeness

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How do digital authors build upon and advance knowledge by using the creative works of others?

If you could not participate in the sing-a-long (I mean, live synchronous class), please watch the recording and answer one of the questions below in the “leave a reply” below. Listen to and read the responses of others and try not to duplicate answers

AGENDA – Wednesday, April 11, 2018 – 7 p.m.

  • Renee tells about her testimony at the Library of Congress Copyright Office for the DMCA 1201 Hearings
  • Discussing key ideas about copyright, fair use, and remix creativity in relation to digital authorship
    1. What is the purpose of copyright?
    2. Why is the doctrine of fair use such an important part of copyright law?
    3. What kinds of misunderstandings do educators have about copyright and fair use in relation to digital learning?
    4. How did educational use guidelines, charts and checklists develop and what consequences did they have for teachers and librarians?
    5. What is the Code of Best Practices in Fair Use for Media Literacy Education and how is it different from the guidelines?
    6. Why does the legal use of copyrighted material need to be assessed on a case by case basis?
    7. Why is parody protected by copyright law?  Why is remix protected? What are the limits of these protections?
    8. What is digital rights management and why is it controversial?
    9. What are the three visions for the future of copyright and which most resonates with you?
    10. What’s one thing you wish everyone knew about how copyright law relates to digital literacy?
  • Let’s Have a Sing Along (download the lyric sheet)
  • Open discussion of your final projects

UPCOMING DEADLINES  

  • April 18: Submit a scope of work plan – email a Google doc link to the instructor
  • April 25: Talk with a class member about your project
  • April 30: Submit a 20×20 Pecha Kucha presentation – posted to your blog
  • May 7:  Submit final work – posted to your blog and send a Tweet using #EDC534 hashtag

5 comments on “11. Transformativeness”

  1. Why does the legal use of copyrighted material need to be assessed on a case by case basis?

    The legal use of copyrighted material needs to be assessed on a case by case basis by looking at four factors.
    1. The purpose and character of your use (are you transforming the work to add new meaning/understanding?)
    2. The nature of the copyrighted work. (using material from published work instead of non-published works)
    3. The amount and the substantiality of the portion taken. (the less you take, the more fair use it is. Also, by taking the main aspects of the piece you are more likely to be charged with copyrighting)
    4. The effect of the use upon the potential market. (if you are taking potential income from the author)

    Sources:
    Stim, R. ( October 2010) Copyright & Fair Use. Stanford University Libraries.

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  2. 1. What’s one thing you wish everyone knew about how copyright law relates to digital literacy?

    I loved Prof. Hobbs’ rant at the beginning of this week’s Zoom class! The more I read & learn about copyright & Fair Use, the more that I become fascinated with it! I feel that everytime I learn about a new restriction or Fair Use exemption, I have more questions…

    One of the pieces of Copyright Law that I would like for people to know is that Copyright & Fair Use are there to protect free dissemination of knowledge and “to help educators understand & apply the principles of copyright & fair use to develop students’ critical thinking & communication skills” (Hobbs 11). Any use of a film in any educational context is, by definition, transformative because the film intention as entertainment is being transformed into an educational use (except for Netflix). So, while most of us think of copyright as an infringement on our ability to teach, we should think of it as a protection of our duty to disseminate knowledge.

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  3. What kinds of misunderstandings do educators have about copyright and fair use in relation to digital learning?

    Various digital materials in digital learning are essential elements for both teachers and students. However, educators often do not know much about copyright. For example, many educators don’t know that when using materials for educational purposes in class, fair use rights are guaranteed and they can use the materials based on the basis. That’s why they think that there will be a lot of cumbersome processes, such as paying for the materials they use, or getting permission from the copyright owners in advance, so they hesitate to use those materials actively (Aufderheide, 2012). But copyright is for the rights of the users as well as the owners. Therefore, if educators know precisely the rules (code) about copyright and fair use, they can take advantage of various materials for digital learning (Media Education Lab, 2008).

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  4. What is digital rights management and why is it controversial?

    Digital rights management (DRM) is proprietary digital code that companies write and attach to their products to lock up the content and limit how the user can access the material. DRM is found on all types of media and it acts the same way: companies do this to make it difficult to copy their digital files. Some companies claim DRM protects the users from viruses. It’s controversial because it limits user’s rights to use items they purchase in the way they wish.

    An example is ebooks. You can’t read a Kindle file on a Kobo. (Actually I don’t even know if Kobo exists anymore!) That’s because Amazon has created their own ebook file format that can be read only on their proprietary software. So, you can buy an ebook, but you also have to buy the hardware that matches, and you can’t transfer it to another setting that you prefer.

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  5. 9. What are the three visions for the future of copyright and which most resonates with you?

    Three visions for the future of copyright are presented in Renee Hobbs’ (2011) book, Copyright Clarity:

    1. “Create a New Model of Licensing: Some Rights Reserved” (p. 89): The basis for this model is the Creative Commons License, through which authors can decide if and how they want their work to be used by others.
    2. “Reclaim Fair Use With Advocacy From Communities of Practice” (p. 91): This approach proposes educating communities of practice about existing copyright law including the doctrine of fair use and how it can apply to their work.
    3. “Declare Copyright Unnecessary in a 21st Century Information Economy” (p. 92): The premise behind this model is that non-proprietary information sharing is both appropriate and would lead to greater innovation.

    When thinking about the future of copyright, understanding the existing law and how it may be interpreted and applied seems to me the best place to start. The doctrine of fair use, in particular, which considers the rights of users in addition to those of creators, could be better understood to lessen the confusion around its provisions. Additionally, if professional communities of practice could devise “best practices” as a resource for others, this could be both helpful and reassuring for those who are striving to understand how fair use reasoning could be applied to work created within their field.

    Hobbs, R. (2011). Copyright Clarity: How Fair Use Supports Digital Learning. Thousand Oaks: Corwin/Sage.

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