Four Factors of Fair Use lesson - 7th grade

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The Four
Factors of
Fair Use

DIGITAL CITIZENSHIP | GRADE 7

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What do you know about creating content for a project?

What are the “rules” for using content you didn’t create yourself?

Before we start . . .

What is "ok" to use?

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Show what you know about fair use-

Try these questions and see how you do! The lesson following the questions will help you understand more about fair use and copyright.

Poll

How confident do you feel in understanding the four factors of fair use?

• I feel very confident

• I feel somewhat confident, but I need more help in some situations

• I do not feel confident

Multiple Choice

Sam created a video documentary about his life for a school project. He used 30 seconds of a copyrighted pop song for the introduction to his video. This is legal under:

• Public Domain

• Fair Use

• School Policy

• Copyright Law

Multiple Choice

Which of the following situations is LEAST likely to be fair use?

• A teacher using a photograph in a presentation to his class.

• A late-night comedian using a photo as part of a political joke.

• A journalist using a video clip in a news story.

• A sports fan using a team logo to make his own souvenirs to sell.

Drag and Drop

As a student, you can use ​

Placeholder

material if you obtain ​

Placeholder

and follow ​

Placeholder

​

Placeholder

​

Placeholder

.

Drag these tiles and drop them in the correct blank above

copyrighted

permission

Fair

Use

guidelines

Multiple Choice

True or false: all creative work found online is protected by copyright.

• True

• False

Multiple Choice

What is it called when someone reuses copyrighted work without permission?

• Copyright Infringement

• Copyright Law

• Fair Use

• Public Domain

Multiple Choice

If a work is in the public domain, it means:

• You can find it at a public library

• You can copy it without needing permission from anyone

• You can't repost the work online

• You can only use it for projects that you don't plan to sell

Multiple Choice

Which of the following is NOT one of the Four Factors of Fair Use?

• Amount

• Nature

• Purpose

• Standard

• Effect

Multiple Choice

Angel likes to create digital artwork and share it on his social media. To get more people to check out his profile, he started posting other peoples' images without including the original creators' names. Are Angel's actions an example of fair use?

• No. (You can't share others' images on social media.)

• No. (Angel needs to cite other people's images and give the creators credit.)

• Yes. (Angel is only changing the pictures he created.)

• Yes. (Angel is not changing other people's work.)

Multiple Choice

Alicia and James are working on a project together. They have to make a video about their community. They found a short video someone made of their neighborhood using a drone. They want to use the full video and record their voices over it. What advice would you give Alicia and James?

• Make sure they include some background music to make it interesting.

• Use only a small clip or get permission from the creator to use the entire video.

• Make it their own by editing the video to be in black and white.

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Expectations for Class:

How do you show and do your best work during independent lessons?

l

2

3

Keep the self-paced lesson open and other tabs or activities closed unless given permission by a teacher

Stay focused

Complete all questions and activities

Respect others

Work quietly and independently; ask for help from the teacher if you get confused about a question

Respond thoughtfully and give your best effort

Open Ended

What do you know about creating content for a project - what are your "rights" for that content?

What are the "rules" for using content you didn't create yourself (images, music, etc.)?

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You created a photo, collage, diagram, drawing, digital artwork.

Several weeks later, you learn that someone else used your creative work in her own project and claimed it was her own!

Something you worked hard to create was being shared by other people without your name attached to it. How does that make you feel?

Imagine this . . .

Poll

How would you feel if someone shared your creative original content without your permission OR without giving you credit?

• Wonderful

• Fine

• Sad

• Enraged

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What rights to fair use do you

have as a creator?

Essential Question

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Define the terms "copyright," "public domain," and "fair use."

Identify the purpose of the Four Factors of Fair Use.

Apply fair use to real-world examples, making a case for or against it.

Learning Objectives

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2

3

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U.S. Constitution
Article I Section 8, Clause 8:Patent and Copyright Clause of the Constitution.

[The Congress shall have power] . . .

“To promote the progress of science and
useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

What does the U.S. Constitution say about it?

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WATCH + DISCUSS

Write an answer to
this question after
the videos:

What is copyright?

Open Ended

Define copyright in your own words!

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WATCH + DISCUSS

Write an answer to
this question after
the video:

Explain the purpose of fair use.

Open Ended

1. Explain the purpose of fair use.

Match

Match the following

• Copyright

• Public domain

• Fair Use

Legal protection for creators

Creative work that is not copyrighted

Using creative work with permission

• Legal protection for creators

• Creative work that is not copyrighted

• Using creative work with permission

Open Ended

Write your thoughts - How is copyright connected to public domain
and fair use?

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KEY VOCABULARY

Fair use

The ability to use
copyrighted work
without permission,
but only in certain
ways and specific
situations

Public domain

Creative work that's
not copyrighted and
free to use without
permission

Copyright

Legal protection
that creators have
over the things
they create

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EXPLORE: FAIR AND SQUARE?

To determine fair use,
ask yourself: Is it fair ...

… and square?

The Four Factors

of Fair Use

Purpose

Nature

Amount

Effect

Amount

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EXPLORE: THE FOUR FACTORS OF FAIR USE

… the purpose of the new
work is educational or the
original work is transformed
into something very different.

… the nature of the
original work is
nonfiction or based
on fact (rather than
creative or fictional).

… the amount used is
only a small portion of
the original work or
does not include the
"heart" of the work.

It's more likely to
be fair use if ...

Purpose

Nature

Amount

Effect

… the effect of the new
work does not include any
negative impact on the
creator or the value of the
original work (think $!).

Amount

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Common examples:

●Schoolwork
and education

●Criticizing or
commenting

●News reporting

●Comedy

EXPLORE: THE FOUR FACTORS OF FAIR USE

It's more likely to
be fair use if ...

… the purpose of the new
work is educational or the
original work is transformed
into something very different.

… the nature of the
original work is
nonfiction or based
on fact (rather than
creative or fictional).

… the amount used is
only a small portion of
the original work or
does not include the
"heart" of the work.

… the effect of the new
work does not include any
negative impact on the
creator or the value of the
original work (think $!).

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ACTIVITY: FAIR AND SQUARE?

●

Read each of the following examples. Keep in mind: For each example, the authors did not get permission to use the
copyrighted works.

●

Think about what you have learned for copyright and fair use and compare that to the example.

Respond - do you think this is FAIR USE or
COPYRIGHT INFRINGEMENT (breaking copyright law)?

Directions

●

ACTIVITY: FAIR AND SQUARE?

Example No. 1

Maya is making a flyer for her
pet-sitting business to post on her
social media account. She finds a
cool pet store logo and uses part
of it in the flyer.

Multiple Select

Is Maya using the pet store logo in a FAIR USE way, or is she committing COPYRIGHT INFRINGEMENT?

• FAIR USE

• COPYRIGHT INFRINGEMENT

Open Ended

Explain your answer! Use details and reasons from what you have learned about copyright and fair use!

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ACTIVITY: FAIR AND SQUARE?

Example No. 2

A group of students are making a
video for their class remembering
all they've done throughout the
year. They use the song "Good
Riddance (Time of Your Life)" by
Green Day in the background.

Multiple Select

Are these students using music in a FAIR USE way, or are they committing COPYRIGHT INFRINGEMENT?

• FAIR USE

• COPYRIGHT INFRINGEMENT

Open Ended

Explain your answer! Use details and reasons from what you have learned about copyright and fair use!

ACTIVITY: FAIR AND SQUARE?

Example No. 3

Eva takes an image of a famous
magazine cover of a celebrity
model, but she changes the
headlines on the cover. She does
this to criticize how magazines
pressure girls to look perfect.

Multiple Select

Is Eva using this content in a FAIR USE way, or is she committing COPYRIGHT INFRINGEMENT?

• FAIR USE

• COPYRIGHT INFRINGEMENT

Open Ended

Explain your answer! Use details and reasons from what you have learned about copyright and fair use!

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ACTIVITY: FAIR AND SQUARE?

A

B
Example No. 4

Darren uses Photoshop to create
a new version of the Mona Lisa by
Leonardo da Vinci (image A).

He uses this image (image B) on his website where he sells other photos
he's created.

​B

Multiple Select

Is Darren using this content in a FAIR USE way, or is he committing COPYRIGHT INFRINGEMENT?

• FAIR USE

• COPYRIGHT INFRINGEMENT

Open Ended

Explain your answer! Use details and reasons from what you have learned about copyright and fair use!

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KEY VOCABULARY

Sampling

Reworking a portion of a song or sound recording
into a new composition

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WATCH + DISCUSS

●This is a mash-up created
by DJ Earworm.

●This song references top
hits from 2020.

●DJ Earworm does not sell
these mash-ups, but he
performs as a DJ.

●As you watch, consider the
Four Factors of Fair Use.

ACTIVITY: SAMPLING OR STEALING

Did DJ Earworm create
this mash-up fair …
… and square?

How will the mash-up
be used? Did it transform
the original works into
something very different?

Are the original
works creative?
Or based on fact?

Does it only use
a small portion
of the original
songs? Does it
use the "heart"
of the works?

Purpose

Nature

Amount

Effect

How will the mash-up affect
the original creators? Will it
affect their reputations? The
money they make?

Amount

Open Ended

Write what you think - Did DJ Earworm create this mash-up fair and square?

Explain WHY you think it’s fair use or not in 3-4 complete sentences!

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KEY VOCABULARY

Collage

A piece of artwork made by piecing together different
materials, including photos, images, or other artwork

​https://www.artupon.com/gary-hoang/

​https://www.artupon.com/mohamed-sobeha/

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ACTIVITY: SAMPLING OR STEALING

Is the process of
creating collages fair…
… and square?

How will the mash-up
be used? Did it transform
the original works into
something very different?

Are the original
works creative?
Or based on fact?

Does it only use
a small portion
of the original
songs? Does it
use the "heart"
of the works?

Purpose

Nature

Amount

Effect

How will the mash-up affect
the original creators? Will it
affect their reputations? The
money they make?

Amount

Open Ended

Write what you think - Do collage artists create mash-ups fair and square?

Explain WHY you think it’s fair use or not in 3-4 complete sentences!

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Show what you now know -

Try the questions you answered at the beginning again!

Multiple Choice

True or false: all creative work found online is protected by copyright.

• True

• False

Multiple Choice

Which of the following situations is LEAST likely to be fair use?

• A teacher using a photograph in a presentation to his class.

• A late-night comedian using a photo as part of a political joke.

• A journalist using a video clip in a news story.

• A sports fan using a team logo to make his own souvenirs to sell.

Multiple Choice

Sam created a video documentary about his life for a school project. He used 30 seconds of a copyrighted pop song for the introduction to his video. This is legal under:

• Public Domain

• Fair Use

• School Policy

• Copyright Law

Drag and Drop

As a student, you can use ​

Placeholder

material if you obtain ​

Placeholder

and follow ​

Placeholder

​

Placeholder

​

Placeholder

.

Drag these tiles and drop them in the correct blank above

copyrighted

permission

Fair

Use

guidelines

Multiple Choice

If a work is in the public domain, it means:

• You can find it at a public library

• You can copy it without needing permission from anyone

• You can't repost the work online

• You can only use it for projects that you don't plan to sell

Multiple Choice

What is it called when someone reuses copyrighted work without permission?

• Copyright Infringement

• Copyright Law

• Fair Use

• Public Domain

Multiple Choice

Which of the following is NOT one of the Four Factors of Fair Use?

• Amount

• Nature

• Purpose

• Standard

• Effect

Multiple Choice

Angel likes to create digital artwork and share it on his social media. To get more people to check out his profile, he started posting other peoples' images without including the original creators' names. Are Angel's actions an example of fair use?

• No. (You can't share others' images on social media.)

• No. (Angel needs to cite other people's images and give the creators credit.)

• Yes. (Angel is only changing the pictures he created.)

• Yes. (Angel is not changing other people's work.)

Multiple Choice

Alicia and James are working on a project together. They have to make a video about their community. They found a short video someone made of their neighborhood using a drone. They want to use the full video and record their voices over it. What advice would you give Alicia and James?

• Make sure they include some background music to make it interesting.

• Use only a small clip or get permission from the creator to use the entire video.

• Make it their own by editing the video to be in black and white.

Poll

How confident do you feel in understanding the four factors of fair use?

• I feel very confident

• I feel somewhat confident, but I need more help in some situations

• I do not feel confident

Open Ended

Did you score improve from the first time you took the quiz?

What do you think are the THREE MOST IMPORTANT new things you learned today about Fair Use?