- Transformativeness: Transform the copyrighted material in a way that creates something new or gives it a new meaning. Examples: criticism, comment, new reporting, teaching, scholarship, and research.
- Market Value: Use copyrighted material in a way that does not substantially affect the market for the original.
We then watch this video of TwinsthenewTrend listening to Dolly Parton’s song “Jolene” and discuss whether or not the video falls under the doctrine of Fair Use. We examine Shepard Fairey’s Obama HOPE poster, and discuss fair use as it pertains to fashion, food, trending dances on Tik Tok, etc. Then I ask students to work in groups to apply what they have learned about fair use by completing this fun Fair Use quiz. Feedback from students about the lesson has been overwhelmingly positive, with many mentioning that as creators on TikTok and Youtube, etc, the content felt relevant to their lives outside of school.
There is no better time than now to be talking with our students about copyright. The Supreme Court will soon be delivering a verdict on a copyright case that could have large scale implications for artists who draw inspiration from other people’s works. And the advent of AI generated art has generated many ethical questions around ownership and copyright. Does AI generated art like DALL·E, created from large datasets of images on the web, violate copyright? There are endless topics to explore! So if you haven’t given copyright and fair use a fresh look in a while, I highly recommend that you start with Renee Hobbs’ book Copyright Clarity: How Fair Use Supports Digital Learning. It opened my eyes to a world of possibilities.
Before I go, I want to acknowledge that the Copyright for Creators lesson and this article were built off of the ideas of my many fabulous colleagues and former student teachers. Thank you CRLS Library Teacher Emily Houston, CPS Instructional Technology Specialist Ingird Gustafson, Library Teacher Shawnee Sloop, and Library Teacher Danielle Smogard.