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Clint Hamada

The Code of Best Practices in Fair Use for Media Literacy Education -- Publications --... - 7 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 guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
  • This code of best practices does not tell you the limits of fair use rights.
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  • Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. This expanded conceptualization of literacy responds to the demands of cultural participation in the twenty-first century.
  • Media literacy education helps people of all ages to be critical thinkers, effective communicators, and active citizens.
  • Rather than transforming the media material in question, they use that content for essentially the same purposes for which it originally was intended—to instruct or to entertain.
  • four types of considerations mentioned in the law: the nature of the use, the nature of the work used, the extent of the use, and its economic effect (the so-called "four factors").
  • this guide addresses another set of issues: the transformative uses of copyright materials in media literacy education that can flourish only with a robust understanding of fair use
  • Lack of clarity reduces learning and limits the ability to use digital tools. 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.
  • However, there have been no important court decisions—in fact, very few decisions of any kind—that actually interpret and apply the doctrine in an educational context.
  • But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture. In fact, the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work.
  • specific exemptions for teachers in Sections 110(1) and (2) of the Copyright Act (for "face-to-face" in the classroom and equivalent distance practices in distance education
  • Through its five principles, this code of best practices identifies five sets of current practices in the use of copyrighted materials in media literacy education to which the doctrine of fair use clearly applies.
  • Fair use is in wide and vigorous use today in many professional communities. For example, historians regularly quote both other historians’ writings and textual sources; filmmakers and visual artists use, reinterpret, and critique copyright material; while scholars illustrate cultural commentary with textual, visual, and musical examples.
  • Fair use is healthy and vigorous in daily broadcast television news, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed.
  • many publications for educators reproduce the guidelines uncritically, presenting them as standards that must be adhered to in order to act lawfully.
  • Experts (often non-lawyers) give conference workshops for K–12 teachers, technology coordinators, and library or media specialists where these guidelines and similar sets of purported rules are presented with rigid, official-looking tables and charts.
  • this is an area in which educators themselves should be leaders rather than followers. Often, they can assert their own rights under fair use to make these decisions on their own, without approval.
  • ducators should share their knowledge of fair use rights with library and media specialists, technology specialists, and other school leaders to assure that their fair use rights are put into institutional practice.
  • 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?
  • When students or educators use copyrighted materials in their own creative work outside of an educational context, they can rely on fair use guidelines created by other creator groups, including documentary filmmakers and online video producers.
  • In all cases, a digital copy is the same as a hard copy in terms of fair use
  • When a user’s copy was obtained illegally or in bad faith, that fact may affect fair use analysis.
  • Otherwise, of course, where a use is fair, it is irrelevant whether the source of the content in question was a recorded over-the-air broadcast, a teacher’s personal copy of a newspaper or a DVD, or a rented or borrowed piece of media.
  • The principles are all subject to a "rule of proportionality." Educators’ and students’ fair use rights extend to the portions of copyrighted works that they need to accomplish their educational goals
  • Educators use television news, advertising, movies, still images, newspaper and magazine articles, Web sites, video games, and other copyrighted material to build critical-thinking and communication skills.
  • nder fair use, educators using the concepts and techniques of media literacy can choose illustrative material from the full range of copyrighted sources and make them available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites.
  • Students’ use of copyrighted material should not be a substitute for creative effort
  • Where illustrative material is made available in digital formats, educators should provide reasonable protection against third-party access and downloads.
  • Teachers use copyrighted materials in the creation of lesson plans, materials, tool kits, and curricula in order to apply the principles of media literacy education and use digital technologies effectively in an educational context
  • Wherever possible, educators should provide attribution for quoted material, and of course they should use only what is necessary for the educational goal or purpose.
  • Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials.
  • fair use applies to commercial materials as well as those produced outside the marketplace model.
  • curriculum developers should be especially careful to choose illustrations from copyrighted media that are necessary to meet the educational objectives of the lesson, using only what furthers the educational goal or purpose for which it is being made.
  • Curriculum developers should not rely on fair use when using copyrighted third-party images or texts to promote their materials
  • Students strengthen media literacy skills by creating messages and using such symbolic forms as language, images, sound, music, and digital media to express and share meaning. In learning to use video editing software and in creating remix videos, students learn how juxtaposition reshapes meaning. Students include excerpts from copyrighted material in their own creative work for many purposes, including for comment and criticism, for illustration, to stimulate public discussion, or in incidental or accidental ways
  • educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work
  • Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.
  • Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.
  • how their use of a copyrighted work repurposes or transforms the original
  • cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity.
  • Students should be encouraged to make their own careful assessments of fair use and should be reminded that attribution, in itself, does not convert an infringing use into a fair one.
  • Students who are expected to behave responsibly as media creators and who are encouraged to reach other people outside the classroom with their work learn most deeply.
  • . In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
  • educators should take the opportunity to model the real-world permissions process, with explicit emphasis not only on how that process works, but also on how it affects media making.
  • educators should explore with students the distinction between material that should be licensed, material that is in the public domain or otherwise openly available, and copyrighted material that is subject to fair use.
  • ethical obligation to provide proper attribution also should be examined
  • Most "copyright education" that educators and learners have encountered has been shaped by the concerns of commercial copyright holders, whose understandable concern about large-scale copyright piracy has caused them to equate any unlicensed use of copyrighted material with stealing
  • This code of best practices, by contrast, is shaped by educators for educators and the learners they serve, with the help of legal advisors. As an important first step in reclaiming their fair use rights, educators should employ this document to inform their own practices in the classroom and beyond.
  • Many school policies are based on so-called negotiated fair use guidelines, as discussed above. In their implementation of those guidelines, systems tend to confuse a limited "safe harbor" zone of absolute security with the entire range of possibility that fair use makes available.
  • Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a fair use, for example.
  • Indeed, the Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects
  • So if work is going to be shared widely, it is good to be able to rely on transformativeness.
  • We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process.
John Evans

For Teachers: The Difference between Fair Use and Copyright ~ Educational Technology an... - 0 views

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    "Some of you are still probably not sure about the difference between what constitutes a copyright infringement and fair use. Well the post I have for you today might help illuminate the key differences between the two concepts. This post is based on a two days work reading a wide variety of resources pertaining to copyright and . Please check the references below to learn more about my sources."
John Evans

Kindergarten Diva: Tech Tip of the Day: Copyright-Free Music - 3 views

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    "As educators, it is important to model ethical and responsible use of ICT for our students. As good digital citizens, when we are creating products in the classroom, we strive to use copyright-free music and images. That's where the site Freeplay Music really shines as a wonderful resource!"
John Evans

Edutech for Teachers » Blog Archive » The How to Find Openly Licensed Educati... - 1 views

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    "So here it is: When you need the answers to life's burning questions or more along the educational lines, such as information for a presentation or report, you and your students most likely default to one of the most robust resources that currently exists: The Internet, or more specifically, Google. Because of the continuous evolution of mobile technology, it's simple to use, fast and in most cases, accurate. And here's the part where the infamous "but" word enters the equation… Yep, there's no doubt that we have a wealth resources at our fingertips; however, the real question becomes: Is snagging this stuff for our own purposes legal? What constitutes fair usage of various form of media? Open Educational Resources (OER) to the rescue. By taking a look at the infographic shown below, teachers and students can become more aware of how to locate images, documents and videos that can be edited, remixed and shared without copyright restrictions. Check. It. Out!"
John Evans

Control Alt Achieve: 18 Free Image Sites and Tools for Schools - 2 views

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    "A picture is worth a thousand words, but it might also be worth a thousand dollars if your school gets hit with a copyright violation claim. This happens to schools every year as students or teachers inappropriately use an image that they do not have the rights to. Thankfully this does not have to be the case as there are loads of high quality pictures that can be used in school projects without any licensing concerns. These can include images that are released under creative commons, or are in the public domain, or simply are copyright-free. Of course depending on the license, it may still be necessary to cite where the image came from to provide proper attribution (and it can be a good practice to do even if not required). There are many sites and tools that can help educators and students find free photos, clipart, icons, and more. See below for a list of many of these, and be sure to share your suggestions for other resources to add to this collection."
John Evans

Media Education Lab: University-community partnership for media literacy under the dire... - 0 views

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    Lesson Plans: Teaching about Copyright and Fair Use for Media Literacy Education from Temple University
John Evans

Six Top Sources for Free Images, Video, and Audio | Cool Tools | School Library Journal - 5 views

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    "I've written about a number of video, audio, and collage creation tools, with WeVideo, Audacity, and PicMonkey topping some of my lists. However, it can be a challenge for students to locate copyright-friendly media when using these tools for presentations or idea sharing. It's always best for students to create materials or use ones that are in the public domain. Here are some of the best resources I've found for the latter."
John Evans

An Intellectual Property Primer for Online Instructors - 3 views

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    According to copyright laws in the U.S.
John Evans

Tons of Copyright Free Comics to Use with Students ~ Educational Technology and Mobile ... - 3 views

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    "A couple of days ago I shared with you here in Educational Technology an Mobile Learning a list of some useful educational web tools to use with your students to create comics. I also argued that those comics can be used to teach both writing and reading. However, today I am sharing with you a great resource where you can find tons of free comics to use in your class."
John Evans

Free Sound Clips | SoundBible.com - 1 views

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    "SoundBible.com offers free sound clips for download in either wav or mp3 format. We offer free and royalty free sound effects and clips for video editors, movie scores, game designers, and weekend sound warriors. Bookmark our page now by hitting Ctrl+D. We update weekly so be sure to return for one of the best copyright free sound resources on the net. Downloads are totally free and upfront with large download buttons to prevent confusion."
John Evans

NASA makes their entire media library publicly accessible and copyright free - DIY Phot... - 0 views

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    "No matter if you enjoy taking or just watching images of space, NASA has a treat for you. They have made their entire collection of images, sounds, and video available and publicly searchable online. It's 140,000 photos and other resources available for you to see, or even download and use it any way you like."
John Evans

Logo Foundation Publications | Logo Update - 0 views

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    "In September, 1982, Tom Lough started The National Logo Exchange with Steve Tipps and Glen Bull as a monthly newsletter for Logo teachers and parents. In January, 1986 The International Logo Exchange was launched with Dennis Harper as the editor-in-chief. In September, 1986 these two publications were combined and renamed Logo Exchange . The International Council for Computers in Education (ICCE) acquired the publication in 1987, designating it as the official journal of the ICCE Special Interest Group for Logo-Using Educators (SIG-Logo). In 1989 ICCE was renamed the International Society for Technology in Education (ISTE). Logo Exchange continued as the ISTE journal for SIG-Logo until the fall of 1999, when the SIG was dissolved. The collected issues of Logo Exchange provide a window on Logo developments and Logo teaching over a span of 17 years. We are making these historic documents available here on the Logo Foundation Web site. All 18 volumes of The National Logo Exchange are posted here along with the four issues of The International Logo Exchange. We also include Last Logo Exchange, a collection of essays written by the former editors of Logo Exchange 15 years after it ceased publication. Click on an issue below to see a PDF scan of the original publication. These documents may be downloaded, reproduced, and copied for personal and educational uses provided that you do not charge for copies, and that you include the original copyright notices on them."
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