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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

Because they have a combination of people they know face-to-face in the real world and people they don't, (those of the Net generation) get a lot of chances to bounce ideas and to test out things on a social network that they probably wouldn't do face-to-face.

Larry Rosen, professor of psychology at California State University-Dominguez Hills, has long studied "the Net generation," the first to have grown up with the Internet, not to mention cellphones. In Me, MySpace and I: Parenting the Net Generation (Palgrave Macmillan), he helps parents understand social networks. His advice: Talk to your kids, learn the technology and don't panic. USA TODAY's Janet Kornblum spoke with the author.

I was going to present 20 minutes on Del.icio.us, but I may show Diigo instead - or both - or 20 minutes is not enough....

This new version "appears" to have fixed that issue, plus I've been impressed with the new features.

Caroline Obannon I'm second guessing teaching only del.icio.us myself, too.

Liz Davis I'm wondering if Diigo is too much for the newbie. Delicious is so simple and obviously useful. I'm afraid Diigo would scare some people away. I'm still inclined to start with delicious and save Diigo for my more advanced users (of which I have very few).

Maybe overwhelming would describe my feelings.

However, I can defely think of quite a few people who would balk at it, too and favor the simplicity of Del.icio.us.

but most likely wouldn't participate in the social/sharing aspects they offer.

The nice thing about the Diigo toolbar is that you can select which buttons to see, so for those who might find the extra choices of tools overwhelming, it can at least be customized.

I'm feeling a Diigo obsession building. As soon as Explorer comes up I check to see if there are any messages in Diigo. How nice of them to put that number right on my toolbar!

I created my very first List last night,

Kristin Hokanson Liz I think it may be too much ially for the newbie and I will continue to send to delicious.

There is one feature that I REALLY like and that is that you can EMAIL something you are tagging so for folks who LIKE to get those sites emailed, you can still meet their needs without an extra step yourself

I second that. I like Diigo, but del.icio.us simplicity is so inviting.

The value of Diigo is that it brings a number of tools together allowing for multiple entry points. The old training model is show them a tool from start to finish that goes over every single detail. With Diigo, why show everything to those new to all this? It is rather easy to click into your bookmarks. From there, teachers have a space they can grow. It also provides a wonderful opportunity to differentiate with your teachers -- the whole multiple points of entry.

still I will have fun, exploring it and making effective use of it.

it is the ease of integration with blogging and twitter -- I annotated a page yesterday and pulled it directly into my blog. I can twitter bookmark that is important quickly -- AND I can use the tagging standards for the horizon project without having to remember the darn tags -- tag dictionaries are the most useful things to have been invented in a LONG time -- we need to set them up within one of our educational groups!

I don' t think I would not teach delicious. But perhaps starting with delicious and saving Diigo for later is a good idea.

I do find this site to be much more powerful and useful than delicious. I never really used delicious to its full potential. The fact that I am here just chatting with folks makes me want to stay and contribute to the collective knowledge.

We are conversing about the usefulness of diigo and I thought you might like to be included.

Maggie Tsai has invited Wade Ren to this conversation

Are you guys planning a Sunday get-together? If so, please advise the time - I'd love to join you and help answering any question.

Howdy! Wow, what can I say? Diigo is a lot more than delicious. If CoolCat Vicki hadn't written about Diigo again, I probably would have stuck with Delicious...and,if I hadn't been using Twitter, blogs, played around with Facebook, the social networking side of Diigo would have been just so much MORE to learn.

my concern would be to NOT limit learners in workshop sessions to the path I followed in learning these tools. Simply, folks, here is a tool that will grow as you grow and learn more about living and contributing in an interconnected world. The ability to have conversations like this, to annotate web pages, to share relevant quotes and tweet as needed...makes me wonder at the need for blogs at all.

A few folks are considering exploring Diigo on Sunday morning and having a conversation about it now...join in and learn with us!