Academic Enrichment/Introduction to Copyright Law
To enrich the Portrait/Commentary Lesson, students will read about Rogers v. Koons. 960 F.2d 301. They will discuss the decision. I will ask the following key questions: What is a parody? What is fair use?
We will look at the Doctrine of Fair Use, codified in 17 U.S.C. § 107. We will discuss the various purposes for which copying might be fair. I will ask students to generate examples of the fair use of copying for criticism, comment, news reporting, teaching, scholarship, and research. We will look at the four factors, enumerated in the copyright statute, considered in determining whether a use is fair.
After reading about and discussing Rogers v. Koons and analyzing several examples of both fair use and copyright infringement, students will write a brief memo distinguishing the portrait they created from Jeff Koons’ String of Puppies sculpture. Students will explain why copying from a photograph to generate the assigned portrait comprised fair use and did not infringe the photographer’s copyrights. In their memos, students will consider and apply the four factors articulated in the copyright statutes to their own work. The assignment meets Common Core Standards for English Language Arts (CCSS.ELA-Literacy.W.11-12.1 and CCSS.ELA-Literacy.W.11-12.7) by requiring students to research, write persuasively, and use evidence to support their positions.
Reference, Resources, Further Interest:
http://www.nytimes.com/1991/09/19/nyregion/a-picture-a-sculpture-and-a-lawsuit.html
http://cpyrightvisualarts.wordpress.com/2011/12/20/art-rogers-vs-jeff-koons/
http://www.copyright.gov/fls/fl102.html
http://opinionator.blogs.nytimes.com/2012/12/06/praising-andy-warhol/?_r=0
We will look at the Doctrine of Fair Use, codified in 17 U.S.C. § 107. We will discuss the various purposes for which copying might be fair. I will ask students to generate examples of the fair use of copying for criticism, comment, news reporting, teaching, scholarship, and research. We will look at the four factors, enumerated in the copyright statute, considered in determining whether a use is fair.
After reading about and discussing Rogers v. Koons and analyzing several examples of both fair use and copyright infringement, students will write a brief memo distinguishing the portrait they created from Jeff Koons’ String of Puppies sculpture. Students will explain why copying from a photograph to generate the assigned portrait comprised fair use and did not infringe the photographer’s copyrights. In their memos, students will consider and apply the four factors articulated in the copyright statutes to their own work. The assignment meets Common Core Standards for English Language Arts (CCSS.ELA-Literacy.W.11-12.1 and CCSS.ELA-Literacy.W.11-12.7) by requiring students to research, write persuasively, and use evidence to support their positions.
Reference, Resources, Further Interest:
http://www.nytimes.com/1991/09/19/nyregion/a-picture-a-sculpture-and-a-lawsuit.html
http://cpyrightvisualarts.wordpress.com/2011/12/20/art-rogers-vs-jeff-koons/
http://www.copyright.gov/fls/fl102.html
http://opinionator.blogs.nytimes.com/2012/12/06/praising-andy-warhol/?_r=0