2011 PETE&C
Copyright Clarity & Fair Use for Digital Learning
Kristin Hokanson
Business & Computer Teacher
Upper Merion School District



Context & Heritage:
Visual Literacy
Information Literacy
Media Literacy
Technology Literacy
Internet Safety
Digital Citizenship
News Literacy
One Concept Unites Them - Digital and Media Literacy
To Access, Analyze, Create

Discuss with neighbors - Is copyright a little fuzzy?
Commercial value
Public vs. private
Certain levels of copyright
Duplication of effort

Getting students to move beyond - just not assignment where they could copy and paste

To promote creativity, innovation and the spread of knowledge - Article 1 of US Constitution

Need to be able to have the right to use some of these things to be creative and spread the knowledge

True copyright is to balance the rights of owners and users

What do kids understand about . . .
Exemptions such as Fair Use
Public Domain
Creative Commons

Since students are able to access so easily, they need to analyze and critically think about why they are choosing to use.
Analogy - Posterboard collage - Did we ever have to cite those pictures? A lot of the online projects are similar but we aren't having them create something new and different.

How do teachers cope? You have three types.
(1) See No Evil
(2) Close the Door
(3) Hyper-Comply

It is time to replace old knowledge with new.

So, the Doctrine of Fair Use
The Nature of the Copyrighted Work
The Purpose
The Amount that they used
The Effect on Potential Market

When the benefit to society outweighs the private cost to the copyright holder

Transformative - Repurpose and add value

Example where they didn't follow fair use - podcast of A, B, C's let the song play throughout the entire podcast rather than just a short introduction

Concert posters - in book to compare/illustrate music, etc. vs. advertising concerts

If just use guidelines

Read Write - User Generated Content

Look for all her resources on the Ning


Context and Situation are important

Fair Use Reasoning tells me . . .
  • Claim Fair Use
  • Ask permission
  • Buy a license
  • Use another copyright friendly source

"Save Darfur" video comparing to Holocaust - Was it an example of fair use? Would the video be the same without the music?

What was the purpose?