English Language Arts · 9th Grade

Active learning ideas

The Ethics of Information: Copyright and Fair Use

Active learning works for this topic because students need to apply abstract legal concepts to concrete scenarios they will face as creators and consumers of digital content. Ninth graders learn best when they wrestle with real-world dilemmas that mirror their own school projects, personal media production, and online sharing habits.

• Common Core State Standards
• CCSS.ELA-LITERACY.W.9-10.8
• CCSS.ELA-LITERACY.L.9-10.6

• 20–35 min
• Pairs → Whole Class
• 4 activities

Activity 01

• Case Study Analysis
• 35 min · Small Groups

Case Study Analysis: Fair Use Scenarios

Small groups receive three short scenarios (a teacher photocopying a textbook chapter, a student using a song clip in a video project, a blogger reproducing a news photograph with attribution). Groups apply the four-factor fair use test to each scenario, decide whether the use is likely protected, and compare their decisions with another group to discuss any differences in reasoning.

How does 'fair use' protect educators and students in the digital age?

Facilitation Tip

During the Case Study Analysis, circulate and listen for students to reference the four factors by name when justifying their decisions.

What to look for

Present students with a scenario: A student filmmaker uses a popular song in the background of a short film for a school project. Ask: 'Based on the four factors of fair use, is this likely fair use? Why or why not? What are the potential consequences if it is not?'

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

Activity 02

• Think-Pair-Share
• 20 min · Pairs

Think-Pair-Share: Creative Commons Licenses

Students examine three Creative Commons licenses (CC BY, CC BY-NC, CC BY-SA) and independently decide which license they would apply to their own creative work and why. Pairs compare choices and discuss what the differences between licenses reveal about the relationship between sharing creative work and controlling how it is used.

Why is intellectual property considered a legal right in the United States?

Facilitation Tip

For the Think-Pair-Share on Creative Commons, provide a printed one-pager with the six main license types so students can annotate as they discuss.

What to look for

Provide students with a list of 5-7 statements about copyright and fair use. Ask them to label each statement as 'True' or 'False' and then select one 'False' statement to rewrite correctly. For example: 'You can always use any image you find on the internet for your school report.'

• Understand
• Apply
• Analyze
• Self-Awareness
• Relationship Skills

Activity 03

• Gallery Walk
• 30 min · Small Groups

Gallery Walk: Copyright Myth-Busting

Post eight common copyright misconceptions around the room (for example, 'If I found it on Google, it is free to use,' or 'Attribution means I do not need permission'). Small groups mark each claim as a myth or fact and write a correction sentence, then compare corrections as a class to build a shared reference list.

Analyze the implications of copyright infringement for creators and users of content.

Facilitation Tip

In the Gallery Walk, post the myth-busting statements at eye level so students can write counter-evidence directly on the posters.

What to look for

Ask students to define 'copyright' in their own words and then list two situations where fair use might apply for a 9th grader. Collect these to gauge understanding of the core concepts.

• Understand
• Apply
• Analyze
• Create
• Relationship Skills
• Social Awareness

Activity 04

• Formal Debate
• 30 min · Individual

Individual Practice: Digital Rights Audit

Students audit a past assignment or project for copyright compliance. They identify every image, quote, and media element, look up the original source and license, and write a short reflection on what they would change if they were publishing the work publicly on a personal website or portfolio.

How does 'fair use' protect educators and students in the digital age?

Facilitation Tip

During the Digital Rights Audit, ask students to screenshot each use of copyrighted material they find in their own work and explain how it meets fair use criteria.

What to look for

Present students with a scenario: A student filmmaker uses a popular song in the background of a short film for a school project. Ask: 'Based on the four factors of fair use, is this likely fair use? Why or why not? What are the potential consequences if it is not?'

• Analyze
• Evaluate
• Create
• Self-Management
• Decision-Making

A few notes on teaching this unit

Teachers approach this topic by framing copyright and fair use as a language students need to speak fluently, not a set of rules to memorize. Avoid starting with lectures on the Copyright Act; instead, let students discover the limits through analysis of their peers’ work and their own creations. Research suggests students retain ethical decision-making skills better when they practice with materials drawn from their actual schoolwork rather than hypothetical examples.

Successful learning looks like students confidently applying the four factors of fair use to unfamiliar situations, articulating the difference between citation and permission, and making ethical decisions about their own work. You’ll see evidence of this when students explain their reasoning with specific examples from the activities.

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Watch Out for These Misconceptions

• During the Gallery Walk: Myth-Busting activity, watch for students who assume images found through a simple Google search can be reused freely because they are publicly accessible.

  During the Gallery Walk, redirect students to the license status of each image they examine, using the Creative Commons license icons as reference points. Ask them to record whether the image is marked with CC-BY or another license, or if no license is shown, and explain what that means for reuse.

• During the Think-Pair-Share: Creative Commons Licenses activity, watch for students who believe that including a citation gives them permission to use copyrighted material.

  During the Think-Pair-Share, have students compare a citation (which acknowledges a source) with a Creative Commons license (which grants permission). Ask them to rewrite a citation line so it also includes the license type and terms, making the legal permission explicit.

• During the Digital Rights Audit activity, watch for students who assume their educational projects are automatically protected under fair use regardless of how they share or publish the work.

  During the Digital Rights Audit, ask students to check the intended audience and publication platform for each project. Have them evaluate whether sharing a project on a public class blog changes the fair use analysis compared to sharing only within a closed classroom setting.

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Methods used in this brief

• Case Study Analysis
• Think-Pair-Share
• Gallery Walk
• Formal Debate