Authentic Lessons for 21st Century Learning

Intellectual Property no Jutsu: Copywrongs, Fair Use, and Naruto v. Slater

Taylor Thurston, Jeremy Davis, Nicole Harris | Published: August 11th, 2025 by K20 Center

Summary

This resource is intended to help teachers and students understand the complicated legal concepts of fair use and copyright and how they apply to day-to-day club activities, especially in clubs related to writing, art, journalism, A/V, and other forms of media production. In this lesson, students learn the core concepts of intellectual property, copyright, and fair use as they reflect on their own creative projects and explore real-world examples. Students design their own logos, weigh the ethics of copyright, learn how to transform and cite others' works, and put these concepts into practice by starting portfolios of their creative work.

Essential Question

  • How can you use someone else’s work ethically and legally within your own work to create something new?

Learning Objectives

  • Understand intellectual property from the perspective of a creator.

  • Understand the role of copyright laws and who they protect.

Snapshot

Engage

Students design personal logos and discuss what they would do if someone else used their work to make money without permission.

Explore

Students build a shared understanding of what intellectual property is and how they interact with intellectual property and copyright on a daily basis.

Explain

Students discuss how to distinguish between fair use and copyright infringement then begin creating a deck of creative resources for later use.

Extend

In this optional activity, students discuss the court case Naruto v. Slater and debate how AI complicates current copyright law.

Evaluate

Students build personal portfolios to showcase their creative work, practice attribution, and apply their creative values.

Materials List

  • Activity Slides (attached)

  • TASL Card handout (attached; three per student)

  • Student devices with internet access

Engage

15 Minute(s)

Use the attached Activity Slides to facilitate the lesson. Introduce the essential question and learning objectives on slides 3–4.

Move to slide 5 and invite students to design their own personal logos. Tell students that this personal logo should be simple, like a symbol or silhouette, should be unique from other well-known logos, and should include a maximum of two colors.

Have students take out a piece of paper and ask them to sketch a few different design ideas for their logos. Encourage them to focus on quantity rather than quality during this step. Begin the five-minute timer on the slide.

Next, ask students to review their sketches and decide which design they want to refine. Move to slide 6. Have each student turn to an Elbow Partner and discuss the prompt on the slide: “Explain why you chose your design. How does it represent your personal brand of self expression and the creative identity you would like to grow into?”

Allow students time to discuss their personal logos. Ask them to then set aside their designs for now.

Display slide 7 and have students think about the following scenario on the slide: “I took your logo, put it on a sweatshirt, and sold each sweatshirt for 60 dollars each.” 

Then ask students to discuss the following questions with their Elbow Partner:

  • How would you feel if this happened to you? 

  • What can you do about this? 

  • In this scenario, what do you think gives you the right to take action against me? What do you think protects me?

Once students have discussed these questions with their partners, have them share out their thoughts with the whole class.

Display slide 8 and facilitate a whole-class discussion over the prompts. Explain to students the legal implications of using a copyright-protected logo without permission. Let students know that when they create something, like their logo, it is automatically protected by copyright law.

If desired, ask students who would choose to take you to court by a show of hands.

Explore

30 Minute(s)

Move to slide 9 and ask students if they’ve ever heard the phrase “information wants to be free.” Encourage students to raise their hands or offer up other responses.

Show slide 10 and have students read the full quote with the phrase in context: “On the one hand, information wants to be expensive because it’s so valuable. The right information in the right place just changes your life. On the other hand, information wants to be free because the cost of getting it out is getting lower and lower all the time. So you have these two fighting against each other.”

Draw students’ attention to the prompt on the right side of the slide. Have them consider the question, “Thinking about the quote and what you have learned so far, what do you think “information wants to be free” means in its full context?”

Use the Think-Pair-Share instructional strategy to have students reflect on the quote. Have them individually write a response to the prompt on paper. Have each student then find a partner and have pairs discuss their responses. Allow students time to discuss, then invite students to share out what they discussed in their pairs.

Display slide 11 and reference the slide to clarify what the originator the quote, Stewart Brand, was discussing at the time.

Display slide 12 and share the DMCA image. Ask students if they have ever seen this image or one like it. Supply the term “DMCA takedown” if students do not mention it. Tell students that DMCA stands for “Digital Millennium Copyright Act.”

Help students understand that this message, which is one they’ve likely encountered before in different forms, is an example of legal protection and an attempt to restrict content that was used without permission. Tell students that this can happen when a person or corporation finds copyrighted media they own, like a song, movie, or other intellectual property, uploaded to a website like YouTube. The person or corporation affected then files a DMCA takedown and the website removes the content.

Move to slide 13 and provide the QR code or link to your Mentimeter word cloud with students. Ask students to respond to the prompt on the slide: “What counts as intellectual property?”

Give students time to respond. Display slide 14 and explain to students that intellectual property is any creation—inventions, written works, art, music, etc.—that began as an idea; you can’t copyright a feeling, but you can protect a tangible version like a song, design, or article. Review the examples of intellectual property on the slide.

Have students form groups of 3–4 to discuss which words in the word cloud might or might not be intellectual property. Once students have discussed in their groups, ask them to share out their thoughts.

Move to slide 15. Remind students that the personal logo they created earlier is considered intellectual property. Ask students what else they may have created recently that could be considered intellectually property. Then, ask them if they’ve ever used or transformed something created by someone else, like a drawing or a photograph.

Have students discuss their responses to the questions on the slide within their small groups. Invite students to share their thoughts with the whole class.

Display slide 16 and begin to define copyright with students. Review the following eight categories of copyrightable work on the slide:

  1. Literary

  2. Musical

  3. Dramatic

  4. Choreographic

  5. Visual art 

  6. Film

  7. Architecture

  8. Sound

Point out which categories encompass the work your club or class most often does. Consider providing examples of such works to help students understand how the concepts you’ve been working with can apply to them as club members.

Display slide 17 and tell students that copyright protects all original works equally, regardless of quality or purpose. Reiterate that, but this principle, students legally own all of the work they create in your club and for school.

Move to slide 18 and ask students to take out a piece of paper. Introduce the Sketchnotes instructional strategy. Invite students to take notes on the upcoming video in writing while visually enhancing ideas with lines, shapes, dots, arrows, colors, diagrams, etc. Encourage students to focus on the key points and main ideas.

Move to slide 19. Play the video on the slide, Copyright, Exceptions, and Fair Use: Crash Course Intellectual Property #3.

Once students have watched the video, encourage them to review their notes and add final thoughts or embellish their existing sketches.

Display slide 20. Invite students to respond at the bottom of their notes to the question on the slide: “What piece of knowledge do you think is or will be most useful to you?”

Explain

35 Minute(s)

Ask students if, given what they’ve learned so far, they think using someone else’s work without permission is considered stealing. Display slide 21 and ask students what they think the difference is between stealing someone else’s work and transforming someone else’s work.

Ask students how they would define the word “transform” in this situation.

Ensure that students understand that transforming work is acceptable under copyright law given it meets a certain standard; this is called fair use.

Move to slide 22. Go over the four factors on the slide to help students understand what to consider when determining fair use. If needed, reference these talking points:

  • Why are you using it?

    • If you're using it for school, a project, or to teach or comment on something, that’s usually fair.

    • Example: You make a video essay about a movie and use short clips to explain your points.

  • What kind of thing are you using?

    • It is more fair to use something that is already published, like a book or song, rather than something unpublished.

    • It is more fair to use something factual than something fictional or from a creative work.

    • Example: It is more fair to quote a news article rather than copy a portion of a comic strip.

  • How much are you using?

    • It is more fair to use a small part of something rather than a big chunk. Only use what you need.

    • Example: It is more fair to use 10 seconds of a song in your podcast rather than the whole track.

  • Will using it take away from the original creator’s money or audience?

    • If your version replaces the original author’s work or stops people from buying it, that is unfair.

    • Example: It is more fair to remix a song you like and upload it to YouTube rather than uploading the original song.

Show slide 23. Go over the two golden rules on the slide:

  • Golden Rule #1: This rule asks students to treat others in the same way they’d like to be treated in matters of responsibly referencing and remixing others’ work.

  • Golden Rule #2: This rule serves to remind students that the real-life enforcement of intellectual property and copyright laws often depends on who ultimately owns the intellectual property in question. In other words, a student who uses a picture of Mickey Mouse in an art project is more likely to run into trouble than a student who uses a picture of a lesser-known character from an independent animation studio.

Move to slide 24 and give each student three copies of the attached TASL Card templates. Go over what TASL stands for:

  • T: Title

  • A: Author

  • S: Source

  • L: License

Tell students that these cards are tools to help them find and catalogue resources they can reference and transform in their own work.

Move to slide 25 and review an example of a completed TASL Card with students.

After reviewing the example, move to slide 26. Depending on the content of your class, direct students to websites, books, magazines, and other classroom resources that they may use to gather information. Consider also directing students to the Creative Commons Openverse portal to find works with a Creative Commons license. Have students use these resources to complete all three of their TASL Card templates.

Make sure students research content that is relevant to your class. For example, art clubs or other visual media clubs may benefit from researching art or design references in books and magazines.

Give students time to find resources, review these resources, and gather different sources of information like articles, pictures, podcasts, music, and videos. Make sure students gather enough information to complete three TASL Cards each.

Optional Extend

30 Minute(s)

Move to slide 27 and display the photo of the monkey selfie. Briefly explain that in 2011, a wild monkey named Naruto took this selfie with a photographer’s camera and remote shutter. The photographer, David Slater, dedicated time to acclimating a group of monkeys to his presence then placed his camera and equipment out for the monkeys to interact with.

Move to slide 28 and introduce what happened next with the selfie. Explain that Slater published the photo, which then became a viral success. Wikipedia shared the photo on Wikimedia Commons because they believed it to be in the public domain. According to Wikipedia, Slater did not own the photo because he did not physically take it with his camera. The photo would normally belong to the person who physically took the selfie. However, Wikipedia argued that because Naruto is a monkey, she would not be able to own intellectual property, which meant that the photo is in the public domain.

Move to slide 29. Ask students to turn to their Elbow Partner and discuss the questions on the slide:

  • Are Wikipedia’s claims true? Who owns the photo?

  • Who do you believe should own it?

Move to slide 30 and further explain the case to students. Tell students that Slater sued Wikipedia. Slater argued that he should own the photo because he set up the conditions for Naruto to take the picture. In response, PETA sued Slater on Naruto’s behalf, claiming that the monkey itself should be able to own the copyright on the picture because it took the picture. Mention to students that any proceeds PETA won in the case were planned to go to the environmental conservation for Naruto’s forest habitat.

Move to slide 31 and review the results of the case. Tell students that the U.S. Copyright Office ruled that Slater did not own the picture because, despite creating the conditions for the picture to be taken, he did not own the picture itself. The U.S. Copyright Office also ruled that Naruto did not own the picture because only humans can own copyright. Further explain that as a result, the photo is currently considered public domain, which means it is free for anyone to use.

Guide students to understand that copyright currently requires human authorship. Move to slide 32 and lead students to consider the “gray areas” of copyright by introducing the following questions about AI:

  • What do you think about art or writing made with AI?

  • Can you own something made by AI?

  • Should AI creations be labeled?

  • Should AI be able to reference and remix everything posted online?

Allow students a few minutes to think about these questions. Have them discuss the questions and their thoughts in small groups.

Evaluate

15 Minute(s)

Move to slide 33. Remind students that they are creators. Encourage them to be intentional with what they create and considerate when they use things created by others. Reinforce the importance of creators having values such as respect, curiosity, and creativity. Facilitate a whole-class discussion by asking the question on the slide: “Consider everything you have learned about ethics, respect, and creativity. How will this knowledge change how you make and use different works?”

After a brief discussion, move to slide 34. Invite students to create their own portfolios using Canva. Guide students through the process of creating a portfolio by having them follow the steps on the slide:

  1. Navigate to canva.com.

  2. Select “Create,” then “Websites.”

  3. Choose the “Portfolio Website” option.

  4. Select a template.

Move to slide 35 and have students begin creating their portfolio. First, ask students to create a title page that includes their personal logo, their name, and the type of work they do (e.g., journalism, 3D art, etc.). Invite them to include an optional tagline on the title page. Explain that a tagline is a phrase or slogan the portfolio owner uses to describe themselves and the skill on display, comparable to a social media bio.

Once students have created a title page, move to slide 36. Have students add at least one piece of work completed for the club to their new portfolios. Have students include the following for each piece:

  • A photo or visual representation of the piece. If they are adding an article they wrote, have them add the text or a screenshot of the featuring page.

  • A brief explanation of the creative choices they made when creating the piece.

  • An attribution if the piece incorporates or transforms someone else’s work.

Encourage students to add as many works as they would like to their portfolio. Help them understand that this portfolio should be used to document all of their creative works. Explain that their portfolio can preserve and showcase their creative work and help them with future career opportunities and interviews.

Research Rationale

Research rationale for this resource is provided in the literature review, When “Journalism Kids” Do Better: A Reassessment of Secondary and Postsecondary Achievement and Activities.

Resources