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How do we educate this generation of young people to be safe online, to be secure online, to protect their personal information, to understand privacy, and how that all plays out when they’re in an online space.

re schools or teachers circumventing rules if they show YouTube videos or other blocked sites to students?

not circumventing the rules.

If the technology fails us and filters something appropriate and useful, and if teachers in their professional judgment think it’s appropriate, they should be able to show it. Teachers need to impose their professional judgment on materials that are available to their students.

These digital activities should not be the sole measure of tenure, but they should be counted in the tenure formula. The irony today is that if the open activity is analog (e.g., participation on a committee), it likely counts toward tenure, but if the open activity is digital (e.g., writing an academic blog), it probably does not.

They will push at (and leak out of) the boundaries of whatever learning management system (or other enterprise systems) the institution wants them to use. This is not because they are uncooperative; it's simply that these enterprise systems tend to be locked down, allowing only employees and students to share within these environments

For me, an interesting side effect of sharing on the open web is that I've learned to be more careful about what I say and write.

Looking for indicators of open digital faculty is easier than coming up with a strict definition. The presence of several of the following characteristics should be taken as an indication of open digital faculty: Writing a public blog or maintaining a public wiki to share academic interests Freely sharing what might otherwise be guarded intellectual property (e.g., textbooks, research-in-progress, computer programs, course materials, artwork) Participating in a learning community in a social networking platform (e.g., Twitter or LinkedIn discussion groups) Participating in a social network that includes students, both current and past (e.g., Facebook) Encouraging students to participate in class-related projects that employ web-based media (e.g., student blogs, group wikis) Creating or participating in open courses Sharing video or audio content created for a course (e.g., podcasts) Sharing information and ideas from conference talks on the web (e.g., recordings, tweets, presentation links)

If the answers to these two questions are "yes," a court is likely to find a use fair

whether the use will cause excessive economic harm to the copyright owner

the purpose of copyright—to promote the advancement of knowledge through balancing the rights of owners and users.

In some cases, this will mean using a clip or excerpt; in other cases, the whole work is needed. Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.

educators should provide reasonable protection against third-party access and downloads

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

Students’ use of copyrighted material should not be a substitute for creative effort

Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original.

but 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

material that is incorporated under fair use should be properly attributed wherever possible

attribution, in itself, does not convert an infringing use into a fair one.

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.

When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine

there are no cut-and-dried rules (such as 10 percent of the work being quoted, or 400 words of text, or two bars of music, or 10 seconds of video).

Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both

Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.

If educators or learners want to share their work only with a class (or another defined, closed group) they are in a favorable position

if work is going to be shared widely, it is good to be able to rely on transformativeness

courts have found that asking permission and then being rejected has actually enhanced fair use claims.

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