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> Date:    Wed, 20 May 2009 14:08:47 -0500
> From:    "Jensen, Marcia L" <jensenm@MAIL.DAVENPORT.K12.IA.US>
> Subject: Re: Web 2.0 Rights animation, diagnostic tool, and other resources
> So, what are the copyright rules for Web 2.0 here in the United States? Are=
> they the same as for other formats? It would be great if someone would put=
> up a website or write an article that pertains specifically to this issue.
> Marcia L. Jensen

I am trying to finish material on this - in 2 versions. The first will be a
narrated slides presentation (CEUs available) on effective Internet use
management and legal issues for Web 2.0 in schools. I am close to finishing
- if I would only stop having new insight that I think I need to add it
would help. I had an OMG! new insight this morning. The second will include
material for students focusing on Consuming and Creating in Web 2.0. I am
sure going to try to have this ready for by next fall. Also curriculum on
Internet safety by next fall, and a parent presentation.

(I am basically shifting from writing books to writing very concise, but
extensive, outlines in the form of presentation notes - with a narrated
slides presentation to go along with this - and the ability to use this for
CEUs through the U of Oregon. But I am working on 4 of these presentations
simultaneously - Internet safety for all teachers, youth risk online for
mental health professionals, effective management/legal issues in Web 2.0,
and cyberbullying - and so am driving myself mildly batty - plus trying to
finish up before I turn into a full time mom when my kids get out of

Basically everything that you learned about fair use for educational
purposes does not work in Web 2.0. You have to focus on another approach to
fair use - fair use for transformative purposes. Aw heck, I will provide you
with the print material on this particular issue - consider this a preview
to my favorite folks - librarians. :-)

Fair Use

The Fair Use doctrine allows for limited, socially beneficial, uses of
copyrighted materials without compensating the copyright owner.

Four factors are considered:
The purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to the
copyrighted work as a whole.
The effect of the use upon the potential market for or value of the
copyrighted work. 

Fair Use for Educational Purposes
Librarians, educators and publishers have developed voluntary guidelines to
address fair use of work for teaching, scholarship, and research purposes.
These fair use guidelines generally address fair uses that are
non-transformative ~ that is the work is being used as it was produced and
essentially for the purpose for which it was produced.
The TEACH Act provides authorization for use of copyrighted materials in
distance education settings but only cover distance education environments
that are restricted to student access.
But these Fair Use guidelines focus on personal research use or use in a
classroom. It would not be considered fair use under these guidelines to
post copyrighted material on a public web site.

Transformative Fair Use for Criticism, Comment, and Parody
To support a fair use right to post material on a publicly accessible web
site requires a focus on a different approach to the fair use consideration.
Use of copyrighted work for criticism, comment, and parody, is a
transformative use of the prior work.
Transformative use is the use of an existing work as part of a creative
process that results in the creation of a new work ~ that while
incorporating parts of the original ~ is an new work in its own right.
This fair use exception is important for public policy reasons. When a
portion of a prior work is incorporated into a new work for the purpose of
expanding upon, commenting on, or criticizing the prior work, the new work
has significant social benefit. It is through the publication of these new
works, and comments and criticism of the original works, that society gains
new knowledge.
If use of a prior work is for transformative purposes and the other criteria
are met, then the new work could properly be placed on a publicly accessible
web site.
The 1961 Report of the Register of Copyrights on the General Revision of the
U.S. Copyright Law cites examples of activities that courts have regarded as
fair use: ³quotation of excerpts in a review or criticism for purposes of
illustration or comment; quotation of short passages in a scholarly or
technical work, for illustration or clarification of the author's
observations; use in a parody of some of the content of the work parodied;
summary of an address or article, with brief quotations, in a news
report;...reproduction by a teacher or student of a small part of a work to
illustrate a lesson; ...²

The Stanford Copyright and Fair Use Center recommends asking these
Has the material you have taken from the original work been transformed by
adding new expression or meaning?
Was value added to the original by creating new information, new aesthetics,
new insights and understandings?

I also provide recommendations on how school districts can set up an online
concerns process that will seek to address concerns of copyright owners -
and reduce the potential for any liability. Institutions of higher education
do have statutory immunity for this kind of potential copyright violation -
if they have a way to get the infringing material taken down quickly. But no
one thought that K-12 students would ever post material online. <sigh>


Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use

Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)

Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)

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