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Fred Delventhal

Links to Tens of Thousands of Legal Music Downloads - 0 views

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    Links to Tens of Thousands of Legal Music Downloads Enjoy free music without getting in trouble by downloading the Legal MP3s many musicians provide as a way to promote themselves. By Michael David Crawford You don't need to worry about getting sued by the Recording Industry Assocation of America or arrested by the FBI if you download Legal music. Many independent and unsigned musicians offer downloads of their music in hopes of attracting more fans. Here's some music from my friends Oliver Brown and Rick Walker's Loop.pooL as well as my own piano compositions.
Nelly Cardinale

100 (Legal) Sources for Free Stock Images | Virtual Hosting Blog - 1 views

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    If you've ever tried to design a website or blog, you've probably felt the need to add images to your creation. It can be easy to see the Internet as a free-for-all, but images belong to the people who created them. Staying legal means you'll have to either create your own images or buy them from stock sites. Fortunately, there are a number of sources for free images, and we've collected them here. So read on for 100 sources where you can find free stock images: and don't worry - they're all legal!
David Hilton

QUT | Elsie - A legal citation online guide - 9 views

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    Might be useful for legal studies teachers.
Ed Webb

Seen Not Heard- Boing Boing - 3 views

  • Cameras don't make you feel more secure; they make you feel twitchy and paranoid. Some people say that the only people who don't like school cameras are the people that have something to hide. But having the cameras is a constant reminder that the school does not trust you and that the school is worried your fellow classmates might go on some sort of killing rampage.
  • Some people say youngsters are more disrespectful than ever before. But if you were in an environment where you were constantly being treated as a criminal, would you still be respectful? In high school, one of my favorite English teachers never had trouble with her students. The students in her class were the most well behaved in the school--even if they were horrible in other teachers' classes. We were well-mannered, addressed her as "Ma'am," and stood when she entered the room. Other teachers were astonished that she could manage her students so well, especially since many of them were troublemakers. She accomplished this not though harsh discipline, but by treating us with respect and being genuinely hurt if we did not return it.
  • The Library and a few good teachers are what kept me from dropping out.
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  • Schools today are not training students to be good citizens: they are training students to be obedient.
    • Ed Webb
       
      Schools have always attempted to teach this. And they have always ended up teaching how not to get caught.
  • the football team got a bigger budget than the Library
  • I even read about a girl who ran a library of banned books out of her locker.
  • @SchoolSecurityBlog, the issue is that in schools your constitutional rights are completely ignored. Random bag searches are not conducted with probable cause or a search warrant. If students spend the first part of their life in an environment where their rights are ignored, then they will not insist on them later in life. Someone might make the argument that since students are minors that they don't have rights. It is a weak argument. For one thing, I reached the age of majority while still in public school, and they still ignored my rights.
  • most of these so called "reasonable risk reduction measures" are not reasonable nor do they reduce risk. Cameras are entirely ineffective in preventing crime or violence. My school had a camera watching the vending machines, but a student still robbed them and was not even caught (he took the simple measure of obscuring his face). I acknowledge that there have been many court ruling that make what schools do legal. However, even with the "in loco parentis" policy in place, even my parents would not have a legal right to search my stuff without my permission when I turned 18 (which is how old I was my senior year). Yet the school could search my bag if they wanted to. Or my friends car (I am pretty sure he was also 18 when that happened, he was only a few months younger than I). That means that once a kid turns 18, the school system technically had more control over the kid than his parents do. Another problem that I have with in loco parentis is that the school really is not a students parent. A parent presumably has the child's best interests at heart, if they didn't it could be grounds for the state to take the child away from the parent. Unfortunately, school faculty members do not always have the student's best interests at heart. They should and often do, but many times some faculty members just like messing with people. It is an unfortunate fact, and one that I am sure many people would like to ignore, but the fact of the matter is that bullies are not confined to the student body. Also parents go to extraordinary measures for their children. They pay to keep them clothed and fed and cared for. They devote endless hours taking care of them. Therefore it makes sense that they should be granted extraordinary legal measures to take care of their children. To grant these same legal measures to an arbitrary school faculty member is really in insult to the hard and loving work of parents everywhere.
  • The schools of decades past seemed to get by without universal surveillance. Why is it all of the sudden essential today? Could many of these security measures be over reactions stemming from mass publicized incidents of school violence?
Claude Almansi

Belgian Newspapers v. Google: Text of the Court of Appeal's Decision « Educational Technology and Change Journal - 0 views

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    "Posted on August 1, 2011 by Claude Almansi In 2006, Copiepresse, the rights managing society of Belgian publishers of French- and German-language daily newspapers, sued Google about the snippets shown in Google News and about the cached versions displayed in Google Search. On May 5, 2011, a decision of the Brussels appeal court slightly reworded but basically confirmed the 2007 judgment of the first instance court : (...) This decision of the Brussels Court of Appeals is therefore important for legal studies: not only because of the doubt about what it actually ordered, but also because its long and detailed initial considerations illustrate several differences between the US and European legal cultures. Until recently, this decision was only available as a photographic PDF on Scribd. This meant that it was inaccessible to blind people and awkward to study for everybody. Fortunately, the BJ Institute of Hyderabad, India, has now made it available as accessible PDF and DOC files. This is the version I used for the above quotation. Thanks to the collaborators of the BJ Institute for their very accurate work."
Jill Walker Rettberg

tamaleaver / Sources of Legally Reusable Media - 0 views

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    Comprehensive list of videos, images, sounds, music and texts that you can legally reuse. Great resource!
Julie Altmark

Free and legal music downloads - Jamendo - 1 views

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    Free creative commons licensed music for download!
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    A website for creative commons music. Searching for places to send my students to get music. The big problem is that there is no guarantee there won't be profanity in the music. We really need to do something about this!
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    Digital storytelling music site - just be careful, you may want to prescreen and download some yourself as there may be some profanity.
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    a source of free and legal music downloads. The music on Jamendo comes from the artists who upload it themselves. While not all of the music is licensed for re-use, there is a substantial collection of music labeled with a Creative Commons license. As always, before re-using any of the music you download make sure it is labeled for re-use.Applications for EducationJamendo could be a good source of music downloads for students to use in video and podcast projects. Some of the music does come with an "explicit" label so you probably don't want to send young students searching on Jamendo on their own. In that case it would be better for you to build a collection from which students choose.
Ruth Howard

Half an Hour: An Operating System for the Mind - 0 views

  • The reason I pose these questions in particular is that, while it is necessary (and possible) to teach facts to people, it comes with a price. And the price is this: facts learned in this way, and especially by rote, and especially at a younger age, take a direct route into the mind, and bypass a person's critical and reflective capacities, and indeed, become a part of those capacities in the future.When you teach children facts as facts, and when you do it through a process of study and drill, it doesn't occur to children to question whether or not those facts are true, or appropriate, or moral, or legal, or anything else. Rote learning is a short circuit into the brain. It's direct programming. People who study, and learn, that 2+2=4, know that 2+2=4, not because they understand the theory of mathematics, not because they have read Hilbert and understand formalism, or can refute Brouwer and reject intuitionism, but because they know (full stop) 2+2=4.
  • First
  • . There are more facts in the world than anyone could know
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  • Second
  • facts change
  • We need to be able to determine what is salient or important to ourselves and to others.
  • Third
  • Fourth
  • you need some mechansism to detect and reject false representations of facts
  • comparing and assessing facts
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  • basis for action
  • we can create facts in the world
  • Sixth
  • we need the capacity to act
  • And what we discover when we think about it this way is that it's not simple whether or not we need facts that is important, but also, what format the facts are in that is equally important, if not more important.
  • You need, in other words, need to acquire facts in a format appropriate to your knowledge system.
  • 21st century skills are, in short, an operating system for the mind.
  • They constitute the processes and capacities that make it possible for people to navigate a fact-filled landscape, a way to see, understand and acquire those facts in such a way as to be relevant and useful, and in the end, to be self-contained and autonomous agents capable of making their own decisions and directing their own lives, rather than people who need to learn ever larger piles of 'facts' in order to do even the most basic tasks.
  • What we have learned - what we are understanding, uniquely, in the 21st century - is that the nature of facts is very different from anything we thought before:
  • empowerment,
  • Today - surely we've seen enough evidence of this! - if you simply follow the rules, do what you're told, do your job and stay out of trouble, you will be led to ruin.
  • an abundance of facts will not help you, it will instead sweep you over the waterfall.
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    And the price is this: facts learned in this way, and especially by rote, and especially at a younger age, take a direct route into the mind, and bypass a person's critical and reflective capacities, and indeed, become a part of those capacities in the future.
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    while it is necessary (and possible) to teach facts to people, it comes with a price. And the price is this: facts learned in this way, and especially by rote, and especially at a younger age, take a direct root into the mind, and bypass a person's critical and reflective capacities, and indeed, become a part of those capacities in the future.\n\nWhen you teach children facts as facts, and when you do it through a process of study and drill, it doesn't occur to children to question whether or not those facts are true, or appropriate, or moral, or legal, or anything else. Rote learning is a short circuit into the brain. It's direct programming. People who study, and learn, that 2+2=4, know that 2+2=4, not because they understand the theory of mathematics, not because they have read Hilbert and understand formalism, or can refute Brouwer and reject intuitionism, but because they know (full stop) 2+2=4.\n\nI used the phrase "it's direct programming" deliberately. This is an analogy we can wrap our minds around. We can think of direct instruction as being similar to direct programming. It is, effectively, a mechanism of putting content into a learner's mind as effectively and efficiently as possible, so that when the time comes later (as it will) that the learner needs to use that fact, it is instantly and easily accessible.
Vicki Davis

Legal Experts on How Murdoch's Threats May Impact "Fair Use" Doctrine | BNET Media Blog | BNET - 2 views

  • Media industry titan Rupert Murdoch’s explicit threats this week to block Google from searching his content sites, and to sue the BBC for its use of content he says is “stolen” from his sites got me to wondering whether the head of News Corp. has, in fact, any basis in the law for launching these calculated attacks at this time and in this manner.
  • Murdoch perhaps does have at least a narrow legal perch to stand on.
  • he is not trying to grow his audience any longer, he says.
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  • is for nonprofit educational purposes;
  • the effect of the use upon the potential market for or value of the copyrighted work.
  • he says he is re-tuning his business model around monetizing his content.
  • four factors in determining whether the reproduction of any copyrighted work qualifies as Fair Use
  • he’s trying to shrink his audience back to the people who will pay for his content
  • Therefore Google’s caching of his content would make it free even as he’s trying to charge for it
    • Vicki Davis
       
      So basically, Google is taking something he wants to charge for and making it free. But my question is, if he wants to charge for it, shouldn't it be bedhind some sort of firewall or is it Google's job to see which sites it is allowed to index? Aren't there certain protocols that make the Net what it is? Certain standards? Isn't one of those the open indexing or crawling of unprotected sites? I'm not sure but hoping someone will respond.
  • Google allows Murdoch, or any publisher, to “opt out” of allowing its pages to be indexed?
  • know how to use the Robots Exclusion Protocol
  • he wants a closer relationship with Google.
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    Excellent overview of Rupert Murdoch's taking on of Google and that they should not index his sites, even though he can easily opt out of indexing, that they are somehow demonetizing his work by searching since he wants to "reduce his audience to those who will pay" not "increase his audience." This is a fascinating read and case study for those following Fair Use.
Vicki Davis

Google Scholar - 3 views

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    Google scholar lets you search articles, patents, legal opinions and journals. It is time to take students into this took, especially now that you can use google scholar citations.
Adrienne Michetti

Why Women Still Can't Have It All - www.theatlantic.com - Readability - 7 views

  • Just about all of the women in that room planned to combine careers and family in some way. But almost all assumed and accepted that they would have to make compromises that the men in their lives were far less likely to have to make.
    • Adrienne Michetti
       
      and this is what bothers me. SO MUCH.
  • when many members of the younger generation have stopped listening, on the grounds that glibly repeating “you can have it all” is simply airbrushing reality, it is time to talk.
  • I still strongly believe that women can “have it all” (and that men can too). I believe that we can “have it all at the same time.” But not today, not with the way America’s economy and society are currently structured. My experiences over the past three years have forced me to confront a number of uncomfortable facts that need to be widely acknowledged—and quickly changed.
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  • I had the ability to set my own schedule most of the time. I could be with my kids when I needed to be, and still get the work done.
  • the minute I found myself in a job that is typical for the vast majority of working women (and men), working long hours on someone else’s schedule, I could no longer be both the parent and the professional I wanted to be
  • having it all, at least for me, depended almost entirely on what type of job I had.
  • having it all was not possible in many types of jobs, including high government office—at least not for very long.
  • “Having control over your schedule is the only way that women who want to have a career and a family can make it work.”
  • Yet the decision to step down from a position of power—to value family over professional advancement, even for a time—is directly at odds with the prevailing social pressures on career professionals in the United States.
  • “leaving to spend time with your family” is a euphemism for being fired.
  • Think about what this “standard Washington excuse” implies: it is so unthinkable that an official would actually step down to spend time with his or her family that this must be a cover for something else.
  • it cannot change unless top women speak out.
  • Both were very clear that they did not want that life, but could not figure out how to combine professional success and satisfaction with a real commitment to family.
  • many of us are also reinforcing a falsehood: that “having it all” is, more than anything, a function of personal determination.
  • there has been very little honest discussion among women of our age about the real barriers and flaws that still exist in the system despite the opportunities we inherited.
  • But we have choices about the type and tempo of the work we do. We are the women who could be leading, and who should be equally represented in the leadership ranks.
  • women are less happy today than their predecessors were in 1972, both in absolute terms and relative to men.
  • The best hope for improving the lot of all women, and for closing what Wolfers and Stevenson call a “new gender gap”—measured by well-being rather than wages—is to close the leadership gap:
  • Only when women wield power in sufficient numbers will we create a society that genuinely works for all women. That will be a society that works for everyone.
  • We must clear them out of the way to make room for a more honest and productive discussion about real solutions to the problems faced by professional women.
  • These women cannot possibly be the standard against which even very talented professional women should measure themselves. Such a standard sets up most women for a sense of failure
  • A simple measure is how many women in top positions have children compared with their male colleagues.
  • Every male Supreme Court justice has a family. Two of the three female justices are single with no children.
  • women hold fewer than 30 percent of the senior foreign-policy positions in each of these institutions.
  • “You know what would help the vast majority of women with work/family balance? MAKE SCHOOL SCHEDULES MATCH WORK SCHEDULES.” The present system, she noted, is based on a society that no longer exists—one in which farming was a major occupation and stay-at-home moms were the norm. Yet the system hasn’t changed.
  • “Inflexible schedules, unrelenting travel, and constant pressure to be in the office are common features of these jobs.”
  • I would hope to see commencement speeches that finger America’s social and business policies, rather than women’s level of ambition, in explaining the dearth of women at the top. But changing these policies requires much more than speeches. It means fighting the mundane battles—every day, every year—in individual workplaces, in legislatures, and in the media.
  • assumes that most women will feel as comfortable as men do about being away from their children, as long as their partner is home with them. In my experience, that is simply not the case.
    • Adrienne Michetti
       
      This is fascinating. Really. 
  • I do not believe fathers love their children any less than mothers do, but men do seem more likely to choose their job at a cost to their family, while women seem more likely to choose their family at a cost to their job.
    • Adrienne Michetti
       
      This. This is SO TRUE. I think this is the same.
  • To many men, however, the choice to spend more time with their children, instead of working long hours on issues that affect many lives, seems selfish.
  • It is not clear to me that this ethical framework makes sense for society. Why should we want leaders who fall short on personal responsibilities?
  • Regardless, it is clear which set of choices society values more today. Workers who put their careers first are typically rewarded; workers who choose their families are overlooked, disbelieved, or accused of unprofessionalism.
    • Adrienne Michetti
       
      This disconnect has ALWAYS bothered me. SO MUCH.
  • having a supportive mate may well be a necessary condition if women are to have it all, but it is not sufficient
  • Ultimately, it is society that must change, coming to value choices to put family ahead of work just as much as those to put work ahead of family. If we really valued those choices, we would value the people who make them; if we valued the people who make them, we would do everything possible to hire and retain them; if we did everything possible to allow them to combine work and family equally over time, then the choices would get a lot easier.
  • Given the way our work culture is oriented today, I recommend establishing yourself in your career first but still trying to have kids before you are 35—or else freeze your eggs, whether you are married or not.
  • But the truth is, neither sequence is optimal, and both involve trade-offs that men do not have to make.
    • Adrienne Michetti
       
      exactly this -- men do not have to make this choice. Thus, it will always be unequal.
  • You should be able to have a family if you want one—however and whenever your life circumstances allow—and still have the career you desire.
  • If more women could strike this balance, more women would reach leadership positions. And if more women were in leadership positions, they could make it easier for more women to stay in the workforce. The rest of this essay details how.
  • I have to admit that my assumption that I would stay late made me much less efficient over the course of the day than I might have been, and certainly less so than some of my colleagues, who managed to get the same amount of work done and go home at a decent hour.
  • Still, armed with e-mail, instant messaging, phones, and videoconferencing technology, we should be able to move to a culture where the office is a base of operations more than the required locus of work.
  • Being able to work from home—in the evening after children are put to bed, or during their sick days or snow days, and at least some of the time on weekends—can be the key, for mothers, to carrying your full load versus letting a team down at crucial moments.
  • Changes in default office rules should not advantage parents over other workers; indeed, done right, they can improve relations among co-workers by raising their awareness of each other’s circumstances and instilling a sense of fairness.
  • The policy was shaped by the belief that giving women “special treatment” can “backfire if the broader norms shaping the behavior of all employees do not change.”
    • Adrienne Michetti
       
      This is so progressive.
  • Our assumptions are just that: things we believe that are not necessarily so. Yet what we assume has an enormous impact on our perceptions and responses. Fortunately, changing our assumptions is up to us.
  • One of the best ways to move social norms in this direction is to choose and celebrate different role models.
  • If we didn’t start to learn how to integrate our personal, social, and professional lives, we were about five years away from morphing into the angry woman on the other side of a mahogany desk who questions her staff’s work ethic after standard 12-hour workdays, before heading home to eat moo shoo pork in her lonely apartment.
    • Adrienne Michetti
       
      UGH.
  • Women have contributed to the fetish of the one-dimensional life, albeit by necessity. The pioneer generation of feminists walled off their personal lives from their professional personas to ensure that they could never be discriminated against for a lack of commitment to their work.
  • It seems odd to me to list degrees, awards, positions, and interests and not include the dimension of my life that is most important to me—and takes an enormous amount of my time.
  • when my entire purpose is to make family references routine and normal in professional life.
  • This does not mean that you should insist that your colleagues spend time cooing over pictures of your baby or listening to the prodigious accomplishments of your kindergartner. It does mean that if you are late coming in one week, because it is your turn to drive the kids to school, that you be honest about what you are doing.
  • Seeking out a more balanced life is not a women’s issue; balance would be better for us all.
  • Indeed, the most frequent reaction I get in putting forth these ideas is that when the choice is whether to hire a man who will work whenever and wherever needed, or a woman who needs more flexibility, choosing the man will add more value to the company.
  • In 2011, a study on flexibility in the workplace by Ellen Galinsky, Kelly Sakai, and Tyler Wigton of the Families and Work Institute showed that increased flexibility correlates positively with job engagement, job satisfaction, employee retention, and employee health.
  • Other scholars have concluded that good family policies attract better talent, which in turn raises productivity, but that the policies themselves have no impact on productivity.
  • What is evident, however, is that many firms that recruit and train well-educated professional women are aware that when a woman leaves because of bad work-family balance, they are losing the money and time they invested in her.
  • The answer—already being deployed in different corners of the industry—is a combination of alternative fee structures, virtual firms, women-owned firms, and the outsourcing of discrete legal jobs to other jurisdictions.
  • Women, and Generation X and Y lawyers more generally, are pushing for these changes on the supply side; clients determined to reduce legal fees and increase flexible service are pulling on the demand side. Slowly, change is happening.
  • In trying to address these issues, some firms are finding out that women’s ways of working may just be better ways of working, for employees and clients alike.
  • “We believe that connecting play and imagination may be the single most important step in unleashing the new culture of learning.”
  • “Genius is nothing more nor less than childhood recovered at will.” Google apparently has taken note.
  • the more often people with different perspectives come together, the more likely creative ideas are to emerge. Giving workers the ability to integrate their non-work lives with their work—whether they spend that time mothering or marathoning—will open the door to a much wider range of influences and ideas.
  • Men have, of course, become much more involved parents over the past couple of decades, and that, too, suggests broad support for big changes in the way we balance work and family.
  • women would do well to frame work-family balance in terms of the broader social and economic issues that affect both women and men.
  • These women are extraordinary role models.
  • Yet I also want a world in which, in Lisa Jackson’s words, “to be a strong woman, you don’t have to give up on the things that define you as a woman.”
  • “Empowering yourself,” Jackson said in her speech at Princeton, “doesn’t have to mean rejecting motherhood, or eliminating the nurturing or feminine aspects of who you are.”
  • But now is the time to revisit the assumption that women must rush to adapt to the “man’s world” that our mothers and mentors warned us about.
  • If women are ever to achieve real equality as leaders, then we have to stop accepting male behavior and male choices as the default and the ideal.
  • We must insist on changing social policies and bending career tracks to accommodate our choices, too. We have the power to do it if we decide to, and we have many men standing beside us.
  • But when we do, we will stop talking about whether women can have it all.
Tero Toivanen

BBC News - Finland makes broadband a 'legal right' - 7 views

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    Good news from Finland!
Sandy Kendell

My Teacher Made me Do It - 24 views

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    Possible legal consequences of having under-13 year old students sign up for online web services - MUST READ for teachers and administrators.
Felix Gryffeth

School Suspensions Lead to Legal Challenge - NYTimes.com - 5 views

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    Racial and constitutional questions are raised in the suspension of students after a fight at their high school.
Ted Sakshaug

Dewey Music - 15 views

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    DeweyMusic is a new interface for Archive.org's wonderful public domain music library. You can listen to, download, remix, and share anything you see on this site legally and for free.
Dean Mantz

Tech Learning TL Advisor Blog and Ed Tech Ticker Blogs from TL Blog Staff - TechLearning.com - 3 views

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    What/who has legal rights when it comes to audio recording of class lecture/discussion?
Jeff Johnson

Ten Common Copyright Permission Myths (Copyright Clearance: Fair Use, Copyright Notice, Getting Permission, Locating Copyright Owners, Public Domain) - 0 views

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    Although the First Amendment may appear unconditional on its face, the right to speak and write freely has never been absolute. Intellectual property rights often prevail over an author's "creative license." The main benefit of copyright, for example, is the right to exclude others from making copies of a work (or any part of it) without permission. By protecting an author's expression, copyright guarantees that authors and other creators, derive financial benefits from their work. If you intend to use someone's copyrighted work, unless the use is considered a "fair use" (which is technically a defense to copyright infringement), you must obtain that person's written permission. Under federal law, only the copyright owner or someone acting with the owner's authority, such as a publisher, can grant that permission. Without written permission, you expose yourself to legal risks. While not every unauthorized use of a copyrighted work is an infringement, whenever you include another person's words, illustrations, photographs, charts or graphs in a work you publish, you must be sensitive to the risk of infringing someone's copyright. What follows are some common copyright permission myths.
Dennis OConnor

Code of Best Practices in Fair Use for Media Literacy Education - 4 views

  • Code of Best Practices in Fair Use for Media Literacy Education
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    The Center for Social Media is a project of the School of Communication at the American University in Washington, D.C. The Center in conjunction with the Media Education Lab at Temple University in Philadelphia and The Program on Information Justice and Intellectual Property, a project of the Washington College of Law at the American University in Washington D.C. has developed a Code of Best Practices in Fair Use for Media Literacy Education. The National Council of Teachers of English is signatory to the document, along with various other legal and educational groups. The code was funded by The John D. and Catherine T. MacArthur Foundation and The Ford Foundation through the Future of Public Media Project. (Annotation by Larry Michaud - UW-Stout E-Learning Practicum)
Caroline Bucky-Beaver

Code of Best Practices in Fair Use for Media Literacy Education - 1 views

  • Fair use is the right to use copyrighted material without permission or payment under some circumstances -- especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question -- as it does for certain narrowly defined classroom activities.
  • guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
  • code of best practices does not tell you the limits of fair use rights. Instead, it describes how those rights should apply in certain recurrent situations.
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  • 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.
  •  
    Great article outlining copyright, fair use and explaning the 5 principles of fair use in education.
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