After listening to Collette Vogele's podcast I was glad that I stressed to students the 4 points of fair use in my copyright lesson. I summarized my thoughts and questions I had as they went through each point during the podcast.
Fair Use 1: What is the nature of the content - highly creative or more fact based?
Fair Use 2: How much of the content? They mentioned there really is no 30 second rule time limit on audio? I knew though that I had heard this several times in library land so I looked it up. Although it may not be part of the statute, it is frequently part of guidelines that get
developed because the fair use terms are so general. For example, it is mentioned here on the The University of Maryland website under guidelines of music and here on Cyberbee, a popular copyright curriculum for kids maintained by previous Ohio State University professors. It is an answer for the question, "Does it matter how much of a song or video I use?"
Fair Use 3: What is the purpose and character of the use - is it transformative? I was glad to hear that linking to someone else's website is not infringing! Flickr is a great site to teach students how to attribute rights to their own works and I wanted students to publish their digital image project we did and give their image rights but Flickr is blocked. I still have a question about people posting Youtube videos on FB is this copyright infringement?
Also, in the podcast they mentioned that if you take the photo then you own it. However, what if you take a photo of someone else's creative work and don't give it attribution? What if you do attribute it? For example, here is a photo I have of my Uncle Hank's painting:
Also, in the podcast they mentioned that if you take the photo then you own it. However, what if you take a photo of someone else's creative work and don't give it attribution? What if you do attribute it? For example, here is a photo I have of my Uncle Hank's painting:
.. well I attributed it to him. This was one of my favorite paintings at my grandmother's when I was growing up.
Fair Use 4: What effect does it have on the market? The example of thumbnail images was a good example of how easily gray areas can arise in the fair use statute. A thumbnail image may not harm the market for selling high quality photos, however it may harm a market for selling images that people want to view on their cell phones.
I also taught my students that as soon as they have created something reproducible it is copyrighted and protected by default. They loved this, and I showed them how creative commons is built on this.
Finally, I don't think people realize how important laws like the Digital Milllennium Copyright Act not only effect our rights to our own work and to using other's works, but their outcomes are also relevant to protecting our intellectual freedom and our right to free speech.