Students will challenge their knowledge of copyright law and fair use and apply it as stakeholders in the legal drama of Walt Disney Studios v. Faden.

Notes for the Educator

Objectives for Students

• Students will present their final project, a mock fair use trial of Walt Disney Studios v. Faden.

Activity Highlights

Use the Lesson Activities guide below to manage the length of each stage of the trial. Your preparation for the mock trial should include being familiar with "A Fair(y) Use Tale," the Fair Use FAQ, and the Trial Guide for the Educator, and you should consider making a short list of persuasive arguments you expect to see made by the students. As the "judge," be prepared to discuss the students' arguments in detail.

The following paragraph is a reprint of the notes from Lesson 3 that should be helpful for you in your role as "judge":

"A Fair(y) Use Tale":
Purpose: The purposes of the original Disney footage vary by clip, but most were intended purely for entertainment. The purpose of the remix, "A Fair(y) Use Tale," is to educate viewers about fair use principles. Individual Disney works are combined in a new and creative (transformative) way to accomplish that purpose. The remix is noncommercial.
Nature of Original Work: The original Disney works are creative. However, courts have held that this factor is less important when the second work is transformative.
Amount and Substantiality of the Copying: The remix video takes a number of short clips from various sources. However, it takes no more than necessary to accomplish the transformative purpose.
Market Harm: The remix video does not substitute for the original Disney works in any conceivable market.

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Overview: This lesson looks at the distinction between fact and opinion, inviting students to recognize viewpoint, bias and value judgment in a selected piece of writing or TV broadcast.

Aim: To encourage students to analyze the distinction between fact and opinion and the ways they can be employed to support viewpoint

Objectives: At the end of this session students will be able to:

• identify the difference between fact and opinion

• use facts and opinions to support a viewpoint

• identify the variety of ways in which opinions are expressed

• distinguish tone and bias in a piece of writing or broadcast

Target group: Pre- GED & GED

Length: One two-hour session or two one-hour sessions

Materials and Resources:

• VCR and monitor

• A selection of newspaper articles

• Video clips from a news broadcast, a talk show or documentary OR a selection of controversial editorial pieces or articles from the newspaper

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Study Skills to Prepare the Adult Learner

Topic: Active learning

Aim: To enable students to take control of their learning in a

positive way

Objectives: At the end of this session students will be able to:

· Devise a working definition of active learning

· Understand the principles of active learning and what is involved

· Identify areas of study they need to work on

· Devise strategies for active learning

· Integrate active learning skills into study routines

Target Group: Pre-GED

Length: Approximately 2 hours

Materials: Markers (or chalkboard and chalk) chart, sample learning

web.

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