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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

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.

More serious questions arise about “teaching to the test.” If the test requires students to do something academically valuable — to demonstrate comprehension of high quality reading passages at an appropriate level of complexity and difficulty for the students’ grade, for example — then, of course, “teaching to the test” is appropriate.

Reading is the crucial subject in the curriculum, affecting all the others, as we know.

An almost exclusive focus on raising test scores usually leads to teaching to the test, denies rich academic content and fails to promote the pleasure in learning, and to motivate students to take responsibility for their own learning, behavior, discipline and perseverance to succeed in school and in life.

Test driven, or force-fed, learning can not enrich and promote the traits necessary for life success. Indeed, it is dangerous to focus on raising test scores without reducing school drop out, crime and dependency rates, or improving the quality of the workforce and community life.

Students, families and groups that have been marginalized in the past are hurt most when the true purposes of education are not addressed.

lein. Mayor Bloomberg claims that more than two-thirds of the city’s students are now proficient readers. But, according to federal education officials, only 25 percent cleared the proficient-achievement hurdle after taking the National Assessment of Education Progress, a more reliable and secure test in 2007.

The major lesson is that officials in all states — from New York to Mississippi — have succumbed to heavy political pressure to somehow show progress. They lower the proficiency bar, dumb down tests and distribute curricular guides to teachers filled with study questions that mirror state exams.

This is why the Obama administration has nudged 47 states to come around the table to define what a proficient student truly knows.

Test score gains among New York City students are important because research finds that how well one performs on cognitive tests matters more to one’s life chances than ever before. Mastery of reading and math, in particular, are significant because they provide the gateway to higher learning and critical thinking.

First, just because students are trained to do well on a particular test doesn’t mean they’ve mastered certain skills.

Second, whatever the test score results, children in high poverty schools like the Promise Academy are still cut off from networks of students, and students’ parents, who can ease access to employment.

Reliable and valid standardized tests can be one way to measure what some students have learned. Although they may be indicators of future academic success, they don’t “prepare” students for future success.

Since standardized testing can accurately assess the “whole” student, low test scores can be a real indicator of student knowledge and deficiencies.

Many teachers at high-performing, high-poverty schools have said they use student test scores as diagnostic tools to address student weaknesses and raise achievement.

The bigger problem with standardized tests is their emphasis on the achievement of only minimal proficiency.

While it is imperative that even the least accomplished students have sufficient reading and calculating skills to become self-supporting, these are nonetheless the students with, overall, the fewest opportunities in the working world.

Regardless of how high or low we choose to set the proficiency bar, standardized test scores are the most objective and best way of measuring it.

The gap between proficiency and true comprehension would be especially wide in the case of the brightest students. These would be the ones least well-served by high-stakes testing.

students cannot apply generic "critical thinking skills" (another voguish concept) to new material unless they first understand that material

Trying to use "reading strategies" -- like searching for the main idea in a passage -- will be futile if you don't know enough facts to fill in what the author has left unsaid.

what is being taught in most of the curriculum -- at all levels of schooling -- is information about meaning, and meaning is independent of form

At some point, no amount of dancing will help you learn more algebra