The Changing Nature of Copyright

April 2nd, 2011 llcowell Posted in copyright No Comments »

Presented copyright training for teachers embarking on the development of online or blended classrooms at our school. Teachers have always been frustrated by the limits placed on education and the complexity of the Fair Use Doctrine. Try to inform them how these responsibilities will impact their ability to share information via our Moodle courseware system raises questions and escalates trepidation about the virtual classroom. Shared the following links…just to keep the noise going. As educators, we are ethically bound to adhere to the established law, but we also have a responsibility to enter into the dialogue as it impacts education and how we teach, today.

The Cognitive Science Explanation For Why Copyright Doesn’t Make Much Sense

CITATION: Tech Dirt (2011). The Cognitive Science Explanation For Why Copyright Doesn’t Make Much Sense. Available at:

The Code of Best Practices in Fair Use for Media Literacy Education

ATTRIBUTED TO: The Code of Best Practices in Fair Use for Media Literacy Education, Center for Social Media. Available at:

Code of Best Practices in Fair Use for OpenCourseWare

ATTRIBUTED TO: Code of Best Practices for Fair Use in OpenCourseWare 2009 by A Committee of Practitioners of OpenCourseWare in the United States. Available at:

A Fair y Use Tale

CITATION: Faden, E. A Fair y Tale. Media Education Foundation. Licensed under the Creative Commons and available at:

Repackaging for the 21 st Century: Teaching Copyright and Computer Ethics in Teacher Education Courses

CITATION: Swain, C., & Gilmore, E. (2001). Repackaging for the 21st century: Teaching copyright and computer ethics in teacher education courses. Contemporary Issues in Technology and Teacher Education [Online serial] , 1 (4) . Available:

Remix Culture Vs. Copyright Protection: What’s Best for Dance?

CITATION: Fox, D. (2009). Remix Culture Vs. Copyright Protection: What’s Best for Dance? Great Dance.

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The Evolution of Copyright

March 22nd, 2011 llcowell Posted in copyright 1 Comment »

Invention of Movable Type, 1436

Reproduction of previously scarce books initiates concern about the property writes of authors and publishers.

Statute of Anne, 1710

England enacts first copyright law.

U.S. Copyright Act of 1790

Grants 14 year copyrights, with 14 year renewals.  First copyright entered for The Philadelphia Spelling Book by John Barry.

Amendment to Copyright Act, 1802

Prints added to protected works.

General Revision, U.S Copyright Act, 1831

Extended copyrights to 28 years, with 14 year renewals, include music.

Fair Use Doctrine , 1841

Concept of “fair use” first applied to the Copyright Act allowing some copying for educational and critical purposes (news, analysis, research).

Amendment to Copyright Act, 1856

Dramatic compositions added to protected works.

Amendment to Copyright Act, 1865

Photographs and photographic negatives added to protected works.

General Revision, U.S. Copyright Act, 1870

Works of art added to protected works. Right to create certain derivative works reserved for author, including translations and dramatizations.

Establishment of foreign copyright relations, 1891

Amendment to Copyright Act, 1897

Music protected against unauthorized public performance.

General Revision, U.S Copyright Act of 1909

Extends renewals to 28 years.  Recognizes copyrights to new mediums and certain unpublished works.

Amendment to Copyright Act, 1912

Motion pictures, previously registered as photographs, added to classes of protected works.

Title 17 of the U.S. Code, 1947

Codifies copyright law.

Amendment to Copyright Act, 1953

Recording and performing rights extended to nondramatic literary works.

Universal Copyright Convention (Geneva), 1955

Amendment to Copyright Act, 1972

Limited copyright protection extended to sound recordings first published on or after this date.

General Revision, U.S Copyright Act of 1976

Extends copyright to 75 years or life of author+50 years, protects unpublished works, extends protection to new mediums and technologies and formalizes the fair use doctrine by identifying a four-part judicial test.

Amendment to Copyright Act, 1980

Copyright law amended regarding computer programs.

Visual Artists Rights Act, 1990

Extended protection to visual arts and architectural works.

Copyright Renewal Act of 1992

Eliminates need for formal renewal of copyright.

Digital Audio Home Recording Act, 1992

Protections required for digital audio recordings and clarified the legality of home taping of analog and digital sound recordings for private, non-commercial use.

No Electronic Theft Act, 1997

Set penalties for willfully infringing a copyright for purposes of commercial or private financial gain or by reproducing or distributing.

Digital Millennium Copyright Act of 1998 (DMCA)

Created tight boundaries around the reproduction of works on the web.  Essentially nullified the “fair use” doctrine within the digital environment.

Copyright Term Extension Act of 1998

Extended terms to 95/120 years or author’s life+70

TEACH Act of 2002 (Technology, Education and Copyright Harmonization)

Provided more flexibility in the reproduction of materials to be used in online classes within closed “course management systems” (apart from the public web).  Essentially restored the “fair use” doctrine within the digital environment.

Artists’ Rights and Theft Preservation Act, 2005

Allowed for preregistration of certain works being prepared for commercial distribution.


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Copyrighting wrongs….?

October 27th, 2009 llcowell Posted in censorship, copyright No Comments »

Not sure why the Disney Copyright Video was removed from my blog for “copyright violation”…since I embedded it from YouTube.  I’ve fixed the post (for now), being sure to use the creator’s preferred YouTube link. 

While we’re on the topic… has a great post on what Creative Commons license professionals should use…something they call CC-PRO.  It’s a very clever/thought provoking response to professionals who dread this remix culture.  Definately a blog to put on my watch list.

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Fair Use 2: Have Courage!

September 21st, 2009 llcowell Posted in copyright No Comments »

Not just an idea, the Code for Best Practices in Fair Use released by media educators was released in November of 2008 to uphold and, in fact, bolster the courage of educators who lead their classes adventuring into the world of remix.  This video outlines the concepts/principals presented in the code.

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Fair Use and the Center for Social Media

September 20th, 2009 llcowell Posted in copyright No Comments »

American University’s Center for Social Media makes a compelling case for the robust exercise of the fair use clause in today’s remix culture. School libraries, in particular, have perhaps acted for too long as the “copyright police” rather than the educational advocate when it comes to recognizing student use of media in critical analysis of both that media and of the times. This one is food for thought:

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