Day 3 - Fair Use

Portions of this lesson is used with permission from Temple University's School of Communications and Theater: Fair Use Lesson.

Slide 1: Introduction- today's lesson is about Fair Use. Students will learn the times and conditions under which it is okay to use copyrighted material.

Slide 2: Engage interest-
Play the song, "Users' Rights, Section 107." Discuss: What are some examples of creative works that rely on the concept of transformativeness?  Students can share their experiences of how transformativeness is found in television programs, movies, on You Tube, in music, and in the fine and popular arts.

Slide 3: Read and Discuss- Read the PDF article, Bill Graham Archives v. Dorling Kindersley FAQ. To strengthen reading comprehension, invite students to work with a partner to:
  • Explain the facts of the case as a story (using narrative concepts such as protagonist, antagonist, setting, conflict, rising action, climax, resolution, and moral or lesson)
  • Explain in their own words how the publisher used images from the Bill Graham Archives to made them transformative and therefore a fair use of copyrighted material.
  • Define Derivative (A 'derivative work' is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.)
Have a few students share their definitions of derivative and check for understanding.

Slide 5: Critical thinking- As a class, ask students to:
  • Generate examples of uses of a copyrighted work that are not transformative (i.e., that do not re-purpose or add value)
  • Explain the difference between derivative use and transformative use.

As students offer examples, engage the class in discussion of these examples.  Point out that different people may employ different criteria in making a judgment about the meaning of the concepts of "re-purpose" and "add value."  Fair use is a concept that requires interpretation, and reasonable people will sometimes disagree about what constitutes a fair use. The goal is to use reasoning and analysis in reflecting on both the rights of the copyright owner and the rights of the user.

Slide 6: Homework- Transforming Magazine Images

Day Three