Blessett 1

Alison Blessett
Professor Pinkston
EDUC W200
20 March 2015
Copy Right Law
Fair Use:

It is not the artists fault if something happens during filming that was out of their
control. (Songs, products, etc) (Aoki 2008).
One may need a lawyer to prove that point (Aoki 2008).
Films may have contents that are under Fair Use but other people may argue and pressure
to have it taken out (Aoki 2008).
Fair Use means that permission is not needed for accidental use of copyrighted material
(Aoki 2008).
This seems like a guessing game of chance (Aoki 2008).
Why does this part of the copyright law not seem as fair as it should be (Aoki 2008)?
This is codified in section 107 of the copyright law after going through several court
decisions (FL-102 2012).
There are four factors that are brought into consideration when determining if a case is
under fair use or not (FL-102 2012).
A parody is an example of fair use worthy (FL-102 2012).
A summary of an event or article with some quotes from the author is classified as fair
use (FL-102 2012).

Creative Commons:

Helps share an artists creativity and discovery with the world (Lemonly)
It is a license that gives others permission to use some of the artists work in their work
(Lemonly).
Today, there are over 882 million pieces of CC-licensed (or CC0) content on the web
(Lemonly).
There is a new Creative Commons License that is updated to 4.0 CC (Lemonly).
This year, weve seen disturbing details of the Trans-Pacific Partnership, a treaty that, if
passed, will extend copyright terms by another 20 years beyond its current, mandatory
term (Lemonly).
Lawrence Lessig is the co-founder of Creative Commons (Lemonly).
Currently the CC License is becoming more vibrant, usable, and relevant (Lemonly).
Also the CC is working with another site called the Free Software Foundation to further
interoperability (Lemonly).
It is also a non-profit organization that provides simplified copyright tools for artists and
creators (Aoki pg. 67).

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A wonderful resource for this is located at http://creativecommons.org/, which is where

the majority of these facts came from.

Copyright:

It protects future users and creators rights (Aoki 2008, pg. 34).
It also insures that raw materials will be available for future creation (Aoki pg. 34).
Facts and ideas are not able to be copyrighted (Aoki pg. 34).
Artistic expression is copyrightable (Aoki pg. 35).
The term for copyright is now seventy years past the death of the original author (Aoki
pg. 44).
Also it is 95 years till copyright expires for corporate authors (Aoki pg. 44).
This is a helpful website for kids and adults alike; http://www.copyrightkids.org/ (Copy
Society).
Makes it illegal to make copies of your work (Copy Society).
It makes it illegal to distribute an artists work (Copy Society).
Copyright law in the United States is embodied in federal laws enacted by Congress
(Copy Society).

Trademark Law:

This protects brand names and logos that indicate where the product came from (Aoki pg.
47).
It may include more than just sayings and symbols like the physical appearance of
products (Overview).
This marking makes it easier for others to identify given products (Overview).
This law is overseen by the federal and state laws (Overview).
In determining whether a mark is distinctive, the courts group marks into four
categories, based on the relationship between the mark and the underlying product: (1)
arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic (Overview).
There are two ways to gain a mark; (1) by being the first to use the mark in commerce;
or (2) by being the first to register the mark with the U.S. Patent and Trademark Office
("PTO") (Overview).
Rights to a trademark can be lost through means of abandonment, genericity, and
incorrect assignment (Overview).
Defendants in a trademark infringement or dilution claim can assert basically two types
of affirmative defense: fair use or parody (Overview), which is seen in our book about
fair use.
Films that may include brand named products may be brought to court, like George of
the Jungle 2 (Aoki pg. 49).
The advice given about trademark laws may come from faulty legal advice, overbearing
product owners, etc. (Aoki pg. 48).

Public Domain:

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This is a resource from our book about public domain: http://www.law.duke.edu//cspd

(Aoki pg. 79).
The above resource gives a grand amount of books, websites, and even comics about this
topic of interest.
Public domain is any work that is open for free public use (Teaching Copyright).
Pieces of work can expire and be placed into the public domain (Teaching Copyright).
This include published pieces that were created in or before 1923 (Teaching Copyright).
This piece of information agrees with the same statement located in our book (Aoki pg.
10).
Some examples of where one can find public domain pieces are at Smithsonian
Institution Public Domain Images, New York Times Public Domain Archives, Project
Gutenberg (Teaching Copyright).
Artists can also donate some of their pieces to the public dedicate through the Creative
Commons Public Domain Dedication (Teaching Copyright).
There are even some works that enter the public domain automatically like titles, ideas,
and names (Teaching Copyright).
After reading and researching about the public domain, I can see why artists have so
much difficulty differentiating between copyrighted and non-copyrighted material.

Flipping the Classroom:

This is a style of teaching where the students will watch a video of the days lecture
before they get to school (Educause).
Once at school, the students will be working on exercises and in workshops that relate to
that lecture (Educause).
The cons of this method is it takes more time and effort to integrate lessons into videos
and plan for in-class activities (Educause).
Other cons are student complaints of loss of one-to-one lectures, teachers may have to
learn new skills, students may feel as if they can skip class, and students may not have
the proper technology to view the lectures at home (Educause).
The pros are that teachers will be able to detect those that do not understand the concept
more quickly while they are interactively working on exercises, this method encourages
social interaction, and the video lectures can help ESL learners (Educause).
Here is an example of this in action, At Algonquin College, a video production class has
been using this model to explain the workings of editing software, a procedure that is
notoriously difficult to explain in a standard lecture (Educause).
This is wonderful website that gives and outline of how to implement a flipped
classroom: http://www.nyu.edu/faculty/teaching-and-learning-resources/instructionaltechnology-support/instructional-design-assessment/flipped-classes/implementing-aflipped-class.html.
It gives a list of eight steps to follow starting from the introduction and materials needed
to the evaluation and revising of the lesson plan.

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Here is a website solely devoted to flipping the classroom that gives a definition, helpful
resources, and even work books that aid an instructor:
http://www.flippedlearning.org/site/default.aspx?PageID=1.
I find this method of teaching very interesting and useful for college or secondary
teachers in education.

Digital Divide:

The first issue is that the urban communities have a higher access to faster digital speeds
than rural communities (Fitzpatrick).
Lower income Americans have a more difficult time affording such digital quality
(Fitzpatrick).
Those in urban communities get better connectivity than those in rural areas
(Fitzpatrick).
This divide is not only hurting working Americans, but majorly their children due to the
increase of technology in education (Fitzpatrick).
Additionally, newer technologies are offered to those of higher, educated classes before
the lower (Stanford).

Cyber Bullying:

This can cause emotional, mental, and even physical harm (Cyber smart).
The attackers can be hard to stop and anonymous (Cyber smart).
The end result of such an attack can lead to depression, shame, and even guilt (Cyber
smart).
Information from victim can spread quickly over the internet and can be hard to delete
(Cyber smart).
According to research, students do not normally report these incidents to adults (Cyber
smart).

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Works Cited
Aoki, Keith, Boyle, James, Jenkins, Jennifer, Guggenheim, Davis, and Doctorow, Cory (2008).
Bound by Law? Tales from the Public Domain. United States; Duke University Press.
Copy Society of the USA (2007). Welcome to Copyright Kids! Retrieved from
http://www.copyrightkids.org/
Cyber (smart :). Cyberbullying. Retrieved from http://www.cybersmart.gov.au/Schools/Cyber
%20issues/Cyberbullying.aspx
Educause Learning Initiative (2012). 7 Things You Should Know About Flipped Classrooms.
Retrieved from https://net.educause.edu/ir/library/pdf/eli7081.pdf
Fitzpatrick, A. (2013). This Chart Shows the Digital Divide is Still a Real Problem. Retrieved
from http://mashable.com/2013/06/14/digital-divide-problem/
FL-102 (2012). Fair Use. Washington D.C.; US Copyright Office. Retrieved from
http://www.copyright.gov/fls/fl102.html
Lemonly. State of the Commons. Retrieved from https://stateof.creativecommons.org/report/
Overview of Trademark Law. Retrieved from
https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm
Stanford. Digital Divide. Retrieved from
http://cs.stanford.edu/people/eroberts/cs201/projects/digital-divide/start.html
Teaching Copyright. Public Domain Frequently Asked Questions. Retrieved from
http://www.teachingcopyright.org/handout/public-domain-faq