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** Copyright, Fair Use and Transformativeness ** Dynamic Landscapes 2012 Shannon Walters

“According to the law itself citizens themselves must interpret and apply the doctrine of Fair Use according to the specifics of each context and situation.” —Renee Hobb

__What is Copyright__? Copyright Basics, LOC August 2011 []

“Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• reproduce the work in copies or phonorecords • prepare derivative works based upon the work • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending • perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works • display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work • perform the work publicly (in the case of sound recordings*) by means of a digital audio transmission”


 * __Fair Use__: ** LOC []

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
 * 1) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
 * 2) The nature of the copyrighted work
 * 3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole
 * 4) The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Copyright Education User Rights, Section 107 Music Video []

__**Transformativeness**__:

 * Bill Graham Archives v. Dorling Kindersley, US Court of Appeals for the Second Circuit, 2006
 *  Remix as "Fair Use" Explication: @http://www.ncte.org/cccc/committees/ip/2006developments/remix
 * Gwyneth Jones: []
 * Remix: //Don Loves Roger//: @http://vimeo.com/38342068
 * Digital Zoo

**__ Resources __** :
Copyright Basics [] Fair Use @http://www.copyright.gov/fls/fl102.html [|Code of Best Practice in Media Literacy Education] Media Education Lab Curriculum materials, music videos and other resources Copyright Clarity. Hobbs, Renee. http://copyrightconfusion.wikispaces.com/ Columbia University's Copyright Advisory Office

http://copyright.columbia.edu/copyright/permissions/requesting-permission/

Ask Permission: Model Requests: @http://copyright.columbia.edu/copyright/permissions/requesting-permission/model-forms/