Module 3 - Intellectual Property Video Outline

Intellectual Property Video Outline

Introduction

Educators have been conditioned over the years to the idea that their use of music, videos, photographs, and copies of book pages in lessons can lead to trouble. Administrators often say, “You need permission to show a movie clip; you can not copy book pages for a lesson; do not play music in class.” How much do you know about the copyright laws and its Fair Use exception?

I. Key aspects of laws protecting intellectual property

A. Define intellectual property

1. Print

2. Music

3. Film and Video

4. WWW

5. Software

B. Define copyright law in America

1. Dates back to the 18^th century

2. The Drafters of the United States Constitution put copyright law into Article One

3. United States Constitution: intent of copyright law is “To promote the progress of science and useful arts”

C. Fair use doctrine

1. Use of intellectual property for teaching is authorized by federal law pursuant to the “fair use” exception to copyright.

2. “fair use” doctrine is a balance of competing public interests: encouraging creativity by giving exclusive rights to the creator versus giving the freest possible public access to the creative process

3. Educators’ Code of Fair Use and excerpts

4. Propensity of administrators to say no to everything

a. Positive versus negative attitudes

5. What will happen if I violate fair use?

a. Liability – assessment of risk

b. Look to intent of copyright law: educators’ function is to cause “the progress of useful arts”

II. Best Practices

A. Fair use in the classroom

B. Where do I go for answers

1. Can I show an entire video or must I show a clip?

2. Can I play music in my class?

3. Can I make photocopies of book pages for a lesson?

C. If I want to use material, how do I get permission?

III. Authentic application

A. What do you do, or have you done, that leaves you with an uncomfortable feeling

B. Do you have a school or classroom policy about fair use?

C. Before we start today’ session, please take the card you received when you entered the auditorium, and answer the following questions about the following scenario:

You are teaching a lesson about Shakespeare’s Romeo and Juliet. You want to show the class a home DVD of the Franco Zeffirelli version of the play in class. You have downloaded a copy of the movie script from a web site, and plan to copy it and provide a copy to each student for the purpose of making notes on the copy.

1. Is this legal under fair use?

2. What part of it is not legal, if any?

3. Would you do this in your class? Why or why not?