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Permission is not necessary to satisfy fair use.

Fair use is a doctrine within copyright law that allows use of copyrighted material for educational purposes without permission from the the owners or creators. It is designed to balance rights of users with the rights of owners by encouraging widespread and flexible use of cultural products for the purposes of education and the advancement of knowledge.

My new understanding: I learned on Friday night that the critical test for fairness in terms of educational use of media is transformative use. When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.  Examples of transformativeness might include: using campaign video in a lesson exploring media strategies or rhetoric, using music videos to explore such themes as urban violence, using commercial advertisements to explore messages relating to body image or the various different ways beer makers sell beer, remixing a popular song to create a new artistic expression.

Long ago, I learned that educational use of media had to pass four tests to be appropriate and fair according to U.S. Code Title 17 107: the purpose and character of the use, including whether the use is commercial or nonprofit the nature of the use the amount of the use the effect of the use on the potential market for the copyrighted work.

--A Conversation about Media Literacy, Copyright and Fair Use--stirred up more cognitive disonance than I've experienced in years

the discussion was one of several to be held around the country designed to clear up widespread confusion and to: develop a shared understanding of how copyright and fair use applies to the creative media work that our students create and our own use of copyrighted materials as educators, practitioners, advocates and curriculum developers.

national code of practice

Jaszi points to Bill Graham Archives vs.Dorling Kindersley (2006) as a clear example of how courts liberally interpret fair use even with a commercial publisher.

The publisher added value in its use of the posters. And such use was transformative.

Here's what I think I learned on Friday about fair use: The Multimedia Fair Use Guidelines describe minimum rules for fair use, but were never intended as specific rules or designed to exhaust the universe of educational practice.  They were meant as a dynamic, rather than static doctrine, supposed to expand with time, technology, changes in practice.  Arbitrary rules regarding proportion or time periods of use (for instance, 30-second or 45-day rules) have no legal status.  The fact that permission has been sought but not granted is irrelevant.  Permission is not necessary to satisfy fair use. Fair use is fair use without regard to program or platform. What is fair, because it is transformative, is fair regardless of place of use. If a student has repurposed and added value to copyrighted material, she should be able to use it beyond the classroom (on YouTube, for instance) as well as within it.  Not every student use of media is fair, but many uses are. One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project. Students need to somehow recreate to add value.  Is the music used simply a nice aesthetic addition or does the new use give the piece different meaning? Are students adding value, engaging the music, reflecting, somehow commenting on.the music? Not everything that is rationalized as educationally beneficial is necessarily fair use.  For instance, photocopying a text book because it is not affordable is still not fair use.

Copyright law is friendlier to good teaching than many teachers now realize. Fair use is like a muscle that needs to be exercised.  People can't exercise it in a climate of fear and uncertainty

Based on brain research and new media, the UDL framework proposes that educators design lessons with three basic kinds of flexibility: 1. Multiple formats and media are used to present information.

Examples: Illustrations, pictures, diagrams, video or audio clips, and descriptions 2.   Teachers use multiple strategies to engage and motivate students. 3.   Students demonstrate learning through multiple performance and product formats.

UDL calls for three goals to consider in designing lessons: 1.  Recognition goals: these focus on specific content that ask a student to identify who, what, where, and when. 2.  Strategic goals: these focus on a specific process or medium that asks a student to learn how to do something using problem solving and critical think skills. 3. Affective goals: these focus on a particular value or emotional outcome. Do students enjoy, and appreciate learning about the topic? Does it connect to prior knowledge and experience? Are students allowed to select and discover new knowledge?

Resources you might want to use: Scholastic Keys, Kid Pix, Inspiration and Kidspiration, digital camera (still and video), recording narration/music, United Streaming.  Let your imagination go!

This project begins on March 15, 2007.  Materials need to be e-mailed by May 31, 2008.

This may be the first large technological shift in history that's being driven by children.

The new literacy means being able to function in and leverage the potential of easy-to-create, collaborative, transparent online groups and networks, which represent a "tectonic shift" in the way we need to think about the world and our place in it (Shirky, 2008). This shift requires us to create engaged learners, not simply knowers, and to reconsider the roles of schools and educators.

Publishing content online not only begins the process of becoming "Googleable," it also makes us findable by others who share our passions or interests.

Although many students are used to sharing content online, they need to learn how to share within the context of network building. They need to know that publishing has a nobler goal than just readership—and that's engagement.

These new realities demand that we prepare students to be educated, sophisticated owners of online spaces.

More than ever before, students have the potential to own their own learning—and we have to help them seize that potential. We must help them learn how to identify their passions; build connections to others who share those passions; and communicate, collaborate, and work collectively with these networks.

Get Started! Here are five ideas that will help you begin building your own personal learning network. Read blogs related to your passion. Search out topics of interest at http://blogsearch.google.com and see who shares those interests. Participate. If you find bloggers out there who are writing interesting and relevant posts, share your reflections and experiences by commenting on their posts. Use your real name. It's a requisite step to be Googled well. Be prudent, of course, about divulging any personal information that puts you at risk, and guide students in how they can do the same. Start a Facebook page. Educators need to understand the potential of social networking for themselves. Explore Twitter (http://twitter.com), a free social networking and micro-blogging service that enables users to exchange short updates of 140 characters or fewer. It may not look like much at first glance, but with Twitter, the network can be at your fingertips.