So, what's the point of all these laws? Copyright laws give rights holders exclusive rights, which provides incentive for them to contribute creative works to society. Fair use laws are in tact to help minimize the tension between copyright law and freedom of expression. Below is a list of types of uses that have been recognized as "fair".
- Commentary & Criticism
- Parody
- News Reporting
- Art
- Scholarship &Research
- Time-Sharing
- Search Engines
STAT: Experts estimate that industries reliant on fair use contributed $2.4 trillion to the U.S. economy in 2008–2009, or approximately 17 percent of the US GDP.1 In comparison.
Retreived from: http://fairuseweek.org/wp-content/uploads/2015/02/ARL-FUW-Infographic-r4.pdf
The Library of Congress (LOC) provides teachers with materials and tools that they need in order to effectively use primary sources in their classrooms. The LOC assesses all of their materials for legal considerations before placing them online. As an educator, I would feel very comfortable using this site to find primary resources for my classroom, without having to worry about copyright laws.
LOC website: http://www.loc.gov/teachers/
FAQs: http://www.loc.gov/teachers/usingprimarysources/copyright.html
Additional Sites Used
https://www.teachingcopyright.org/handout/fair-use-faq
http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
Hello Samantha,
ReplyDeleteAs future teachers were are constantly looking for information to use in our classrooms and I would also feel comfortable using the resources you found. I found a news article on a current fair use case involving youtube. There are channels on Youtube that review movies, and they include clips of the movies they review. The movie industries are not happy with this and are creating problems for the Youtubers who choose to review movies. Some people may lose their channels over the issue.
http://www.thenationalstudent.com/Opinion/2016-02-19/youtube_users_are_asking_where_is_the_fair_use.html
I have not really had an personal experience with the issue of fair use but it seems to be really creating problems on Youtube. Do you see any problems with this in any schools you have worked in?
That is really interesting! It seems that these YouTube movie reviews fall under "commentary and criticism" and therefore qualify as "fair use"...so I am wondering how the movie industries are defending their stance. Also, are they only causing trouble for YouTubers that are criticizing their movies? What about YouTubers who are promoting the movies or saying good things? Would they have issues if YouTubers used clips of their movies and said good things?
DeleteI have not witnessed any issues regarding fair use in any of my placements; or anywhere for that matter. Honestly, I wasn't even very familiar with the concept of fair use before researching it for this blog!
Some of it is damage control, but some of it is fair use violation. Overdoing how much of the video you include, spoiling the plot, etc. Further, for new movies, how did they obtain the video. If they recorded it while in the theater, then they have technically 'stolen/pirated' the footage.
DeleteIn reality, as teachers, you'll likely not see student abuse of fair use. More often than not, it's the teachers who violate fair use. As I mentioned, the common misconception is that teachers can do anything and claim educational fair use. Hence, a lot of time at the copy machine or copying/pasting onto documents or websites is a good sign that someone is not following the spirit of the law.