Fair Use Recommendations for Viewing Copyrighted Media for Educational Purposes

Copyright (c), Creative Commons (cc), Public Domain is not copyrighted (letter c with slash through it), Fair Use symbol has balance scales

One of the first issues I encountered on the job as an instructional designer was the misuse of copyrighted media by instructors. Unfortunately, this was propagated by the previous uninformed instructional designer. According to the U.S. Copyright law and Digital Millennium Copyright Act (DMCA), copying copyrighted material is a violation. Basically, you cannot modify the existing format (e.g., copying a VHS to DVD format or converting it to a MP4 file) Review your faculty manual or school guidelines on the use of copyrighted material in the classroom. Also, I recommend talking with the copyright expert on your campus.  For example, I learned a lot from a librarian at our College who is knowledgeable on the topic.

Here are a few useful websites to reference to aid your understanding of the topic:

The following are some practical solutions that I put together for a job aid when redirecting instructors to best practices within the law. Here are some recommendations to show copyright-protected videos to students:

1) Only show a small segment of a privately owned video in your class to illustrate a lesson, as part of the Fair Use laws (Title 17, Section 107, U. S. Code, Copyright.gov). Avoid showing an entire video of copyrighted material, as this constitutes a public performance of it and is prohibited by law. Use a Fair Use checklist to determine the purpose, nature, amount, and effect of the media use for educational purposes.

2) Place your videos on course reserves for checkout by students in the library for one semester only to meet spontaneous requirements. Fill out the necessary paperwork with the library at the circulation desk for course reserves. If a student does not have a VHS or DVD player, they may be able to check out one on a TV cart to take to a study room in the library for viewing. Meanwhile, place a request order with the purchasing librarian for the library reserves. See solution # 4.

3) Search the library’s video databases to see if the same content is available (e.g.,  Films on Demand and WorldCat). Films on Demand provides Live Media Streaming. Students log in with their school credentials to view.

4) There is an option for the library to purchase DVD formats for multiperson use to include in their collection. Contact the purchasing agent in your school’s library to learn more about this option.

Please share any of your recommendations on this topic!

Gagne’s Instructional Sequence for Podcast Learning Module

Title page to tech project

The following instructional design strategy is based on Gagné’s (1985) nine events of instruction in which he provided a format for designing effective training by correlating internal cognitive processes with that of external instructional activities. Many K-12 school systems utilize his sequence of instructional events as a framework for lesson planning. I have previously blogged about Gagné’s work.

These are the instructional events adapted from Gagné to teach k-12 students how to upload an audio file to publish a podcast channel on Podbean.com:

1. Gain attention by first showing a short video of the purpose and meaning of podcasting by Lee LeFever.

2. Inform student of the learning objective(s).

3. Stimulate recall of prior learning by reminding them of the images and vocabulary for technical terminology. Use a KWL chart to make meaningful connections to the sample podcast and informational video with their personal experiences. Have them share these experiences with their peers.

4. Present the content in a demonstration screencast depicting examples from the actual Podbean site to enhance the retention of information. In this way, learners will be more likely to apply the information to their
own project and internalize the content.

5. Provide learner guidance by utilizing callouts (arrows, highlights, & focused lightening), labels, and screenshots in the demonstration or recorded presentation. Use a how-to guide to support the presentation and provide for students with different learning preferences scaffolded instruction. These components will help students stay on track.

6. Elicit performance by having students follow the instructions in the how-to guide and/or presentation.

7. Provide feedback by having students conduct a self-assessment or peer-assessment of their performance with a checklist. Students can read each other’s user profiles and hear the final audio products when they share the links among themselves via email.

8. Assess performance by having students submit final project link to an instructor via email.

9. Enhance retention and transfer to the task by having them send their podcast to another student and have each of them upload it to their own, therefore, replicating the process again. The teacher could also send them an audio file to upload after a week has passed to have them revisit the steps. Encourage students to upload podcasts on a monthly basis in order to rehearse the skill, and therefore, submit to long-term memory.

The complete learning module (teacher guide, CCSS, pretest, KWL chart, student checklist, rubrics, vocabulary PowerPoint, how-to guide, & posttest)  is available for sale in my TeachersPayTeachers store, Teacherrogers.

(Note. Gagné’s 9 events of instruction are italicized. These do not need to be done in this exact sequence, as this is an iterative process.)

Reference

Gagné, R. M. (1985). The conditions of learning. New York, NY: Holt, Rinehart, & Winston.

Copyright Issues for Online Courses

Here are three main takeaways for proper use of copyright protected material in online courses.

I. Follow the Law on Copyrighted Media

Please note copying or changing the original format (e.g., VHS to DVD) of copyrighted material is a violation of the U.S. Copyright Law and Digital Millennium Copyright Act. I recommend you review your institutions policies (e.g., Faculty Manual) on the use of copyrighted material in the classroom. Here are some recommendations to properly show copyright protected videos to students.

  1. Only show a small segment of a privately owned video in your class to illustrate a lesson, as part of the Fair Use laws (Title 17, Section 107, U. S. Code, Copyright.gov).  Avoid showing an entire video of copyrighted material, as this constitutes as a public performance of it and is prohibited by law. Use a Fair Use checklist to determine the purpose, nature, amount, and effect of the media use for educational purposes.
  2. Short-term, one time use– Place your videos on course reserves for checkout by students in the library for one semester only to meet spontaneous use requirements. Fill out the necessary paperwork with the library at the circulation desk for course reserves. If a student does not have a VHS or DVD player, they can check out one on a TV cart to take to a study room in the library for viewing. Meanwhile, place a request order with the purchasing librarian for the library reserves. See solution # 4.

  3. Find it online– Search the library’s video databases to see if the same content is available.

4. Purchase institution-wide license of media object– There is an option for the library to purchase DVD formats to include in their collection. Contact your library liaison and the purchasing agent for the library to learn more about this option.

II. Proper Use of Copyrighted Articles

Articles in the library databases are very easy to share with others. When you share an article from one of the library’s databases, look for the shortened URL for the article. It is called the permalink, stable URL, or persistent URL – different databases use slightly different terminology, but all three versions are the same thing – a shorter URL that acts as an anchor for the article that you’re interested in. Databases normally place the permalinks, stable URLs, or persistent URLs in the Tools section of the article record. This URL doesn’t work by itself or anyone could access it. Your institution’s EZ Proxy service authenticates school users and allows them to access content that your school licenses.

Why do I need to do this for my course? Posting copyright protected articles directly in your online courses constitutes a copyright infringement. Copies of written works are permissible if they are made for personal use only and the copy will not be shared or distributed to a group without the documented permission of the copyright owner. As an instructor, you’re encouraged to direct your students to the original source of the work to avoid copyright infringement.

III. Cite Your Sources

Cite your sources in your online course and material according to the appropriate style guides (i.e., APA, MLA, & Chicago Manual). This sets a good example for students and covers your general use of the copyrighted material (Quality Matters™ Rubric Standards, 2014). Also, cite any media sources (e.g., images, sound, video clips) reused in your video lectures and/or PowerPoint presentations.

See the US Copyright website for specific information.

Checklist for Novice Education Gaming Researchers

EverQuestII Paladin character is a human-like female puma in armor at home near Frostfang Sea

This is a cursory list of important concepts and items to consider when preparing to conduct educational research that involves the use of videogames.

  • Use media selection criteria (e.g., Chapelle’s 2001 computer-assisted language learning media criteria or Jamieson, Chapelle, & Preiss, 2005 revised version)
  • Determine reading level of videogame text by analyzing chat logs with the Flesch-Kincaid readability index. Make sure participants’ reading levels are within 2 grade levels of the index.
  • Use vocabulary concordancer (e.g., Range software) to obtain frequently occurring words from chat log texts for assessment.
  • Learn commands pertinent to research analysis to capture chat logs (e.g., /log) and/or images (e.g., print screen) to computer station public folder.
  • Determine participants’ gaming literacy skills and complexity of the game.
  • Determine participants’ propensity for pathological gaming behavior: low social competence, high impulsivity, and excessive gameplay (i.e., 30 hours) (Gentile, et al., 2011).
  • Determine participants’ perceived relevance of gaming as a learning tool.
  • Provide videogame tutorial and ongoing support.
  • Provide explicit instruction on the benefits of strategies used to enhance learning.
  • Consider participants’ preferences for gaming session location, time, and features.
  • Consider Reese’s (2010) Flowometer to determine gamers’ self-perception of flow and other mental states of engagement to achieve optimal learning condition (i.e., advanced skill use during challenging gaming tasks).
  • Provide warning of photosensitivity to persons with epilepsy (Daybreak Games, 2016).
  • New! Use Discord as a communication backchannel during gameplay.

This list was shared during a gaming panel at the SITE 2017 conference in Austin, TX. Here’s the citation if you would like to reference it:

Willis, J., Greenhalgh, S., Nadolny, L., Liu, S., Aldemir, T., Rogers, S., Trevathan, M., Hopper, S. & Oliver, W. (2017). Exploring the Rules of the Game: Games in the Classroom, Game-Based Learning, Gamification, and Simulations. In Proceedings of Society for Information Technology & Teacher Education International Conference 2017 (pp. 475-480). Chesapeake, VA: Association for the Advancement of Computing in Education (AACE).

What advice would you add?

References

Chapelle, C. A. (2001). Computer applications in second language acquisition: Foundations for teaching, testing, and research. Cambridge, MA: Cambridge University Press.

Jamieson, J., Chapelle, C., & Preiss, S. (2005). CALL evaluation by developers, a teacher, and students. CALICO Journal, 23(1), 93-138. Retrieved from http://lib.dr.iastate.edu/cgi/viewcontent.cgi?article=1045&context=engl_pubs

Daybreak Games [Website]. (2016). Photosensitive warning. Retrieved from https://www.daybreakgames.com/photosensitive?locale=en_US.

Gentile, D., Hyekyung, C., Liau, A., Sim, T., & Li, D. (2011). Pathological video game use among youths: A two-year longitudinal study. Pediatrics, 127(2). doi:10.1542/peds.2010-1353

Range [Software application]. (2016). Retrieved from http://www.victoria.ac.nz/lals/about/staff/paul-nation

Reese, D. D. (2010). Introducing Flowometer: A CyGaMEs assessment suite tool. In R. Van Eck (Ed.), Gaming and cognition: Theories and practice from the learning science. Hershey, PA: Information Science Reference.

How to Upload Media and Create a Podcast Channel

Title page to tech project

Dear Teachers,

This learning module instructs and guides students on how to upload a media file to a podcast channel, specifically Podbean.com. It can be used to supplement any course content as a project. For instance, a student can produce an audio file on any topic and then publish it to a podcast channel as part of an oral language project. Poetry readings, musical performances, or reporting the weather are just a few ways to incorporate podcasting. This project could last several weeks.

Using emergent technologies is an important skill for the 21st century learner to apply, not only in class, but also in their personal learning networks, college, and future career. Moreover, this product can be used in K-12 schools to address the media skills embedded in the Common Core Standards (2010) for career and college readiness benchmarks. For instance, the English Language Arts Standard for speaking and listening in Grade 2 states (2.5 Presentation of Knowledge): “create audio recordings of stories or poems.” Podcasting would be an excellent vehicle for this task. A similar standard for presenting content in multimedia is included in grades 3-12 core standards.

The learning module includes the following components:
• a podcast interest and technology skill level questionnaire;
• a pretest and posttest on technical terminology (with answer keys);
• an 18-page PowerPoint presentation on the technical terminology;
• a K-W-L chart activity;
• a 7-minute screencast to demonstrate the procedures; (See YouTube video link below)
• a 6-page how-to guide with glossary to serve as a desk reference when performing the task;
• a student checklist of procedures and outcomes for self-assessment of the criteria;
• a rubric for the teacher to evaluate the project; and
* an 18-page teacher guide with research basis and instructional strategies.

Goal Statement: Students will successfully upload a media file to Podbean.com for an oral language project by following the steps in the screencast and supporting how-to guide. The learning context is during class time in the computer lab or on a home computer. Students will need to have already learned how to create an audio or video file and save it as a MP3/MP4 format on a flash drive for school work.

Get a preview of this product on Teacherrogers YouTube channel:
My YouTube Video Demonstration

I completed this project during my doctoral studies, so it includes the research basis for the use of podcasting. I think you’re really going to like this product, as I’ve put over a semester of effort into creating and pilot testing it! It’s for sale on TeachersPayTeachers in the Teacherrogers Store.

Your blogger,

Sandra Rogers