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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

Apple’s iTunes version 4.9, which incorporates an extensive podcast directory-and-subscription service into the structure of the iTunes Music Store.

Why is Apple’s embrace of podcasting troubling to educators? Because this easy-to-use audio-content manager just happens to sit inside a store that sells music.

Listening is an activity. No good audience is passive.

Done well, podcasting can reveal to students, faculty, staff, communities—even the world—the essential humanity at the heart of higher education. Among the impressive facilities and intricate processes, colleges and universities are essentially collections of human beings who seek to share the fruits of their labors with the world that helps support them. If this position seems extreme or sentimental, consider Todd Cochrane’s assertion: “Podcasting represents a new way for individuals to communicate about the things they love. They can actually broadcast content that comes from their hearts.”10 If a mass-market text on podcasting begins by stressing the affective dimension of this new medium, educators would do well to think about how they might harness that energy in their teaching and learning practices.

Students submit their annotations via their smart phones or other digital devices, and then analyze each other’s notations collectively.  They could be looking for main ideas, thematic and literary elements, or big ideas from the work.   They could be looking for evidence of connections to other texts, their own experiences, or world issues. They could simply be searching for meaning to support them when reading complex texts.

annotexting will allow students to engage with other audiences in tasks with an expanded purpose

In order to get students to own this process, we have to relinquish some control. Let them think, let them make mistakes and respond. Let them draw conclusions even they are not the conclusions we would have drawn. We can be there to coach them through misconceptions.