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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. 

Here's what I think I learned on Friday about fair use:

According to Jaszi, 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.

We must also expand our ability to think critically about the deluge of information now being produced by millions of amateur authors without traditional editors and researchers as gatekeepers. In fact, we need to rely on trusted members of our personal networks to help sift through the sea of stuff, locating and sharing with us the most relevant, interesting, useful bits. And we have to work together to organize it all, as long-held taxonomies of knowledge give way to a highly personalized information environment.

Collaboration in these times requires our students to be able to seek out and connect with learning partners, in the process perhaps navigating cultures, time zones, and technologies. It requires that they have a vetting process for those they come into contact with: Who is this person? What are her passions? What are her credentials? What can I learn from her?

Likewise, we must make sure that others can locate and vet us.

Learn how to locate authentic digital primary sources in multiple formats to enhance your curriculum. Develop age appropriate learning activities that promote higher level questioning and critical thinking skills while adding excitement to student learning through engaging activities. The course is especially helpful for teachers of AP classes, teachers addressing state and national standards requiring the use of primary sources, and teachers working with National History Day activities. Materials fromTPS Direct, the Library of Congress Teaching with Primary Sources professional development program, will be incorporated in the class.

It's not ‘the tests.’ It's our unwillingness and/or inability to do something different, something better. It's not ‘the tests.’ It's us.

In my state, students don't take standardized tests until third grade, but test preparation was a major focus in K-2. Students did little but complete worksheet after worksheet in kindergarten. The block corner was gone, there was no snack time, the dress-up box was taken away, and recess was reduced to just a few minutes. My son and his classmates sat at their little tables and silently filled out worksheets for the majority of the day. Talking, laughing or getting out of your seat was frowned upon. In first grade, the timed math tests began. Shortly after students learned how to add and subtract, they were given daily math facts timed tests in order to "prepare" them for the ITBS math computation tests in third grade. Those lucky enough to pass the tests had their names posted on the winners wall in the classroom. Those who couldn't pass, were sent to the hallway to do flashcards with parent volunteers. In second grade, the timed oral reading tests began. Each week, all students were required to read aloud as fast as they could while they were timed with a stop watch. Those that could spit the words out quickly enough to meet the benchmark number were rewarded with free reading time. Those that were deemed too slow, were given practice pages to read aloud, over and over again. In third grade, they started timed writing tests. His classroom held a weekly contest to see who could write a paragraph the fastest using that week's vocabulary words. The vocabulary words were test prep for ITBS. The fastest child's paragraph was posted on the wall for all to admire. Kids learned very early on that faster meant smarter and that slower meant stupid. NCLB plays a part in the way school has been reduced to test preparation, but teachers chose to use all of these truly awful methods in the classroom. Teachers could have chosen different, more engaging, and more developmentally appropriate teaching methods, but they didn't.