Copyright+and+Fair+Use


 * Many Diigo links**
 * http://www.diigo.com/user/mctumenas/copyright **


 * also check out - http://www.mediaeducationlab.com/teaching-about-copyright-and-fair-use**
 * from - http://www.ibiblio.org/pub/electronic-publications/stay-free/ml/index.html**

[|Homework: Copyright Handout] Charles C. Mann, from [|"Who Will Own Your Next Good Idea?"] The Atlantic Monthly, September 1998 Tamar Lewin, [|"When Does a Creative Idea Become Intellectual Property?"] The New York Times, March 27, 1983 [|"What Is 'Fair Use'?"] and [|Fair Use Checklist] [|"What Is the Public Domain?"] [|Rough notes for discussion] **KEY POINTS** What is copyright and what is its purpose? What is the public domain? What are the tests for "fair use" of copyrighted material?
 * COPYRIGHT**

Fair Use http://188ip.wordpress.com/2010/12/09/mashups-and-fair-use-final-judgment/ http://188ip.wordpress.com/2010/12/03/the-fair-use-of-mashups/

KEY POINTS
 * Siva Vaidhyanthan, Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity, New York: New York University Press, 2001, [|pp117-129.]**
 * Siva Vaidhyanathan, [|"Why Thomas Jefferson Would Love Napster,"] MSNBC.com, July 3, 2001**
 * [|Rough notes for discussion]**
 * [|Rough notes for discussion]**
 * How has copyright changed over time? **
 * How does copyright serve the public interest? **
 * What are the four democratic safeguards of copyright law? **
 * What does the Sonny Bono Copyright Extension Act do? **

Tues. Nov. 19: David Mills, [|"Black Bart Simpson: The Hip-Hop T-Shirt Star,"] The Washington Post, June 28, 1990 Debbi Wilgoren, [|"Bootlegging 'Simpsons' T-Shirts,"] The Washington Post, April 2, 1990 [|Interview with Alice Randall], CNN.com, June 22, 2001 James Surowiecki, [|"Righting Copywrongs,"] The New Yorker, January 21, 2002 [|Rough notes for discussion] [|Homework: First Amendment] Vicki Brower, "[|Media Play Role in Copycat Suicides]," Reuters, June 12, 2002. Jay Huber, [|"The High Cost of Free Speech,"] Stay Free! issue 17, June 2000. Rebecca Buckman, [|"Utah's Cottage Film Editors Have Hollywood Crying Foul,"] Wall Street Journal, September 19, 2002 [|:The Media Made Me Do it,"] Stay Free! issue 20, November 2002. [|Notes for discussion]
 * Screening: [|Willful Infringment]**
 * Excellent documentary about copyright, the arts, and the First Amendment.**
 * Excellent documentary about copyright, the arts, and the First Amendment.**
 * Charles Black, [|"He Who Cannot Hear: the Plight of the Captive Auditor,"]Columbia Law Review, 166 (1953)**
 * [|Notes for discussion]**
 * [|Notes for discussion]**


 * Thoughts regarding Media Production in Education:**


 * 1. What are the stakeholders in the copyright issue? Who will benefit from a strong copyright law? Who will lose from a strong one?**

I think the stakeholders are the original artist, the copyright holder, the government, the public and the new creator. Copyright was created to protect the owner, and to enhance the public by making that work available to everyone after a reasonable amount of time. That has changed so severely....

The only party that benefits from strong copyright law is the copyright holder. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. Think about this...this could be well over 120 years. In many cases, the work is owned by a publishing or media company, not an individual artist. Look at Disney and that lobbying effort.

I think an appropriate question to ask is - Does copyright law, and the limitations the law imposes on copying, using and selling creative works, have an overall negative impact on the production and dissemination of creative content.

Many times an artists creates something and puts it up on their website publishes it somehow and does not intend copyright to limit the life of that piece. They want to share it with others. We are seeing more and more of that.

We all lose from a strong copyright law. The public probably gets the shortest end of the stick because artists and teachers are scared to use copyright works in what they are doing.


 * 2. What are the arguments for and against Creative Commons?Do you think that using CC material is a viable alternative to using the Fair Use defense? What are its limitations?**

The arguments for are substantial. The ecosystem is flourashing.

The arguments against CC have to do with it not actually changing copyright law but just putting a nice face on it. It doesn't actually solve the fundamental problems that our current copyright law creates.

Also, How do we apply this to a global context?


 * 3. How often do you use CC in your work with students? How does this licensing affect your teaching?****