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David Hayward

The Code of Best Practices in Fair Use for Media Literacy Education | Center for Social... - 0 views

  • Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant.
  • This code of best practices does not tell you the limits of fair use rights. Instead, it describes how those rights should apply in certain recurrent situations.
  • It’s not a guide to using material that people give the public permission to use, such as works covered by Creative Commons licenses. Anyone can use those works the way their owners authorize—although other uses also may also be permitted under the fair use doctrine. Likewise, it is not a guide to the use of material that has been specifically licensed (by a school, for example), which may be subject to contractual limitations.
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  • It’s not a guide to material that is already free to use without considering copyright (copyright.cornell.edu/public_domain/). For instance, all federal government works are in the public domain, as are many older works
  • It’s not a guide to using material that someone wants to license but cannot trace back to an owner—the so-called "orphan works" problem
  • This code of best practices was created by convening ten meetings with more than 150 members of leading educational associations, including signatories to this document, and other educators across the United States. The process was coordinated by Profs. Renee Hobbs (Media Education Lab, Temple University), Peter Jaszi (Program on Information Justice and Intellectual Property, Washington College of Law, American University) and Patricia Aufderheide (Center for Social Media, American University). The code was reviewed by a committee of legal scholars and lawyers expert in copyright and fair use. (Consult pages 18–19 for a complete list of signatories and members of the legal committee.)
  • all media messages are constructed

    • each medium has different characteristics and strengths and a unique language of construction

    • media messages are produced for particular purposes

    • all media messages contain embedded values and points of view

    • people use their individual skills, beliefs, and experiences to construct their own meanings from media messages

    • media and media messages can influence beliefs, attitudes, values, behaviors, and the democratic process

    Making media and sharing it with listeners, readers, and viewers is essential to the development of critical thinking and communication skills. Feedback deepens reflection on one’s own editorial and creative choices and helps students grasp the power of communication.

  • Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms.
  • Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.
  • So how have judges interpreted fair use? In reviewing the history of fair use litigation, we find that judges return again and again to two key questions:

    • Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?

    • Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

  • CODE OF BEST PRACTICES IN FAIR USE FOR MEDIA LITERACY EDUCATION
  • PRINCIPLES

     

    ONE: EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS

  • TWO: EMPLOYING COPYRIGHTED MATERIAL IN PREPARING CURRICULUM MATERIALS
  • THREE: SHARING MEDIA LITERACY CURRICULUM MATERIALS
  • FOUR:STUDENT USE OF COPYRIGHTED MATERIALS IN THEIR OWN ACADEMIC AND CREATIVE WORK
  • FIVE: DEVELOPING AUDIENCES FOR STUDENT WORK
  • COMMON MYTHS ABOUT FAIR USE
  • MYTH: FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS.
  • MYTH: EDUCATORS CAN RELY ON "RULES OF THUMB" FOR FAIR USE GUIDANCE.
  • MYTH: SCHOOL SYSTEM RULES ARE THE LAST WORD OF FAIR USE BY EDUCATORS.
  • MYTH: FAIR USE IS JUST FOR CRITIQUES, COMMENTARIES, OR PARODIES.
  • MYTH: IF I’M NOT MAKING ANY MONEY OFF IT, IT’S FAIR USE. (AND IF I AM MAKING MONEY OFF IT, IT’S NOT.)
  • MYTH: FAIR USE IS ONLY A DEFENSE, NOT A RIGHT.
  • MYTH: EMPLOYING FAIR USE IS TOO MUCH TROUBLE; I DON’T WANT TO FILL OUT ANY FORMS.
  • MYTH: FAIR USE COULD GET ME SUED.
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