Lesson Plans, Presentation, Handouts
Lesson Plans, Presentation, Handouts
Fair use is a legal doctrine that allows limited use of copyrighted material without acquiring permission from the rights holders. It is an exception to the exclusive rights of copyright holders, such as the right to reproduce, distribute, or display the copyrighted work.
Fair use is determined by four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work.
INSERT FAIR USE IRELAND
The fair use doctrine is in effect in many countries around the world, although the specifics of the doctrine may vary. In the European Union, for example, the doctrine is known as “fair dealing” and is codified in the Copyright Directive.
In some countries, such as India, fair use is not codified in law, but is instead based on judicial precedents. In other countries, such as Germany, the doctrine is not recognized at all.
Fair use allows people to use copyrighted material in certain circumstances without permission from the copyright holder. This can be beneficial for creators, as it allows them to use existing works to create something new and original.
Fair use also allows for the free exchange of ideas, which is beneficial for society as a whole. It encourages creativity and innovation, and allows people to engage in meaningful discourse about the world around them.
Fair use is not a blanket exception to copyright infringement; it is a defense that must be evaluated on a case-by-case basis. As such, it can be difficult to determine when fair use applies and when it does not.
In addition, the doctrine is not recognized in all countries, and in some countries the specifics of the doctrine may vary. This can make it difficult to determine what is considered fair use in different countries.
Fair use is a legal doctrine that allows limited use of copyrighted material without acquiring permission from the rights holders. It is an important tool for creators and society as a whole, allowing for the free exchange of ideas and the creation of new and original works.
However, it is important to remember that fair use is not a blanket exception to copyright infringement; it is a defense that must be evaluated on a case-by-case basis. It is also important to be aware of the specifics of the doctrine in different countries, as they may vary.
Video To Watch During Lesson
Student Activities
(Slides 8 - 12)
Work in pairs and consider each of the examples given to decide if it is Fair Use or not.
Teacher can then call on a few people to briefly explain their thinking. Prompt students to refer back to the Four Factors of Fair Use and ask: Is it fair ... and square?
Use the answers below, but keep in mind that there's not a formula or clear-cut right or wrong answer for fair use.
Example 1 (Slide 9): Explain that this example probably isn't fair use because although Katie is only using part of the logo, it's for advertising and she plans to make a profit. That is less of an argument for fair use.
Example 2 (Slide 10): Not fair use. Students are using the song for mood but not transforming or reworking the song in any way.
Example No 3 (Slide 11): Most likely fair use. Amy is critiquing and commenting on unrealistic expectations about appearance that some magazines promote. It could even be thought of as a parody.
Example 4 (Slide 12): No, it is not fair use. But it is OK to use it in this example because the image is part of the public domain.
(Slide 13)
Ask: Have you ever heard a song with a sample in it? Have students respond with the song and, if possible, the original song that was sampled.
Define sampling as reworking a portion of a song or sound recording into a new composition.
Ask: Do you think sampling qualifies as an example of fair use?
Invite students to respond. Help students connect their ideas to the Four Factors of Fair Use: purpose, nature, amount, and effect. Explain that, as with any creative work that involves fair use, it depends on the situation.
(Slides 14 and 15)
Watch and Discuss video - do you think this sampling qualifies as fair use?
Discuss with students the fact that fair use is not a clear-cut issue; it is judged on a case-by-case basis. Users claiming fair use must be able to defend themselves if someone accuses them of stealing work. (Note that even if you claim fair use, you still might be sued.)
Sample answers here may include:
(Fair use):
It’s new song that’s different from the original songs used
He uses just a small amount from each song
He gives credit for the songs he uses in the “About” section of his YouTube video
He doesn’t sell his remixed songs
(Not fair use):
None of this is original work. It’s all taken from other artists.
He’s just ripping off others’ songs
His video isn’t original because it’s just clips from the original videos
He could have made a whole new video.
Hand out Student Worksheet, have the students work in pairs to complete:
Part 1 (match vocabulary words to definitions)
Part 2 (Fill in the blanks for the Four Factors of Fair Use)
Part 3 (Use the graphic to analyze whether or not DJ Earworm's "Turnin' It Up" mash-up falls under fair use
Quiz