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Progressive schools are characterized by what I like to call a “working with” rather than a “doing to” model.

A sense of community and responsibility for others isn’t confined to the classroom; indeed, students are helped to locate themselves in widening circles of care that extend beyond self, beyond friends, beyond their own ethnic group, and beyond their own coun

“What’s the effect on students’ interest in learning, their desire to continue reading, thinking, and questioning?”

Alfred North Whitehead declared long ago, “A merely well-informed man is the most useless bore on God’s earth.” Facts and skills do matter, but only in a context and for a purpose. That’s why progressive education tends to be organized around problems, projects, and questions — rather than around lists of facts, skills, and separate disciplines

students play a vital role in helping to design the curriculum, formulate the questions, seek out (and create) answers, think through possibilities, and evaluate how successful they — and their teachers — have been

Each student is unique, so a single set of policies, expectations, or assignments would be as counterproductive as it was disrespectful.)

they design it with them

what distinguishes progressive education is that students must construct their own understanding of ideas.

A school that is culturally progressive is not necessarily educationally progressive. An institution can be steeped in lefty politics and multi-grain values; it can be committed to diversity, peace, and saving the planet — but remain strikingly traditional in its pedagogy

A truly impressive collection of research has demonstrated that when students are able to spend more time thinking about ideas than memorizing facts and practicing skills — and when they are invited to help direct their own learning — they are not only more likely to enjoy what they’re doing but to do it better.

Regardless of one’s values, in other words, this approach can be recommended purely on the basis of its effectiveness. And if your criteria are more ambitious — long-term retention of what’s been taught, the capacity to understand ideas and apply them to new kinds of problems, a desire to continue learning — the relative benefits of progressive education are even greater.[5]

Students in elementary and middle school did better in science when their teaching was “centered on projects in which they took a high degree of initiative.

For starters, they tell me, progressive education is not only less familiar but also much harder to do, and especially to do well. It asks a lot more of the students and at first can seem a burden to those who have figured out how to play the game in traditional classrooms — often succeeding by conventional standards without doing much real thinking. It’s also much more demanding of teachers, who have to know their subject matter inside and out if they want their students to “make sense of biology or literature” as opposed to “simply memoriz[ing] the frog’s anatomy or the sentence’s structure.”[12]  But progressive teachers also have to know a lot about pedagogy because no amount of content knowledge (say, expertise in science or English) can tell you how to facilitate learning. The belief that anyone who knows enough math can teach it is a corollary of the belief that learning is a process of passive absorption —a view that cognitive science has decisively debunked.

Media literacy education distinctively features the analytical attitude that teachers and learners, working together, adopt toward the media objects they study. The foundation of effective media analysis is the recognition that: 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.

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.

Educators and learners in media literacy often make uses of copyrighted materials that stand far outside the marketplace, for instance, in the classroom, at a conference, or within a school-wide or district-wide festival. Such uses, especially when they occur within a restricted-access network, do enjoy certain copyright advantages.

Law provides copyright protection to creative works in order to foster the creation of culture. Its best known feature is protection of owners’ rights. But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture.

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? If the answers to these two questions are "yes," a court is likely to find a use fair. Because that is true, such a use is unlikely to be challenged in the first place.

Both key questions touch on, among other things, the question of whether the use will cause excessive economic harm to the copyright owner. Courts have told us that copyright owners aren’t entitled to an absolute monopoly over transformative uses of their works.

Another consideration underlies and influences the way in which these questions are analyzed: whether the user acted reasonably and in good faith, in light of general practice in his or her particular field.

Code of Best Practices in Fair Use for Media Literacy 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. These practices are associated with K–12 education, higher education, and in classes given by nonprofit organizations. 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.

These principles apply to all forms of media.

The principles apply in institutional settings and to non-school-based programs. 

The principles concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired. 

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. Labels on commercial media products proclaiming that they are “licensed for home [or private or educational or noncommercial] use only” do not affect in any way the educator’s ability to make fair use of the contents—in fact, such legends have no legal effect whatsoever. (If a teacher is using materials subject to a license agreement negotiated by the school or school system, however, she may bebound by the terms of that license.)

TWO:  Employing Copyrighted Materials in Preparing Curriculum Materials

fairness of a use depends, in part, on whether the user tookmore than was needed to accomplish his or her legitimate purpose.

PRINCIPLES

ONE:  Employing Copyrighted Material in Media Literacy Lessons

The principles are all subject to a “rule of proportionality.” 

THREE:  Sharing Media Literacy Curriculum Materials

In materials they wish to share, curriculum developers should beespecially careful to choose illustrations from copyrighted media that are necessaryto meet the educational objectives of the lesson, using only what furthers theeducational goal or purpose for which it is being made.

FOUR:  Student Use of Copyrighted Materials in Their Own Academic and Creative Work

Students should be able to understand and demonstrate, in a mannerappropriate to their developmental level, how their use of a copyrighted workrepurposes or transforms the original. For example, students may use copyrightedmusic for a variety of purposes, but cannot rely on fair use when their goal is simplyto establish a mood or convey an emotional tone, or when they employ popular songssimply to exploit their appeal and popularity.

FIVE:  Developing Audiences for Student Work

If student work that incorporates, modifies, and re-presents existingmedia content meets the transformativeness standard, it can be distributed to wideaudiences under the doctrine of fair use.

Educators and learners in media literacy often make uses of copyrighted works outside the marketplace, for instance in the classroom, a conference, or within a school-wide or district-wide festival. When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine.

Especially in situations where students wish to share their work more broadly (by distributing it to the public, for example, or including it as part of a personal portfolio), 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.

The ethical obligation to provide proper attribution also should be examined.

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

MYTH:  Fair Use Is Just for Critiques, Commentaries, or Parodies. Truth:  Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both. Fair use applies to a wide variety of purposes, not just critical ones. 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. As the cases show, a transformative new work can be highly commercial in intent and effect and qualify under the fair use doctrine.