include definition of media literacy vs. media literacy education in introduction of blog article
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Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms
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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
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Media literacy education helps people of all ages to be critical thinkers, effective communicators, and active citizens.
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The bargain is this: we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment, in some circumstances.
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In all cases, a digital copy is the same as a hard copy in terms of fair use.
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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.
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Educators should choose material that is germane to the project or topic, using only what is necessary for the educational goal or purpose for which it is being made. In some cases, this will mean using a clip or excerpt; in other cases, the whole work is needed. Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use. Where illustrative material is made available in digital formats, educators should provide reasonable protection against third-party access and downloads.
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Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work
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students may use copyrighted music for a variety of purposes, but cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity.
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If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
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often it is embedded within other subject areas, including literature, history, anthropology, sociology, public health, journalism, communication, and education
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this guide addresses another set of issues: the transformative uses of copyright materials in media literacy education that can flourish only with a robust understanding of fair use.
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Wherever possible, educators should provide attribution for quoted material,
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attribution, in itself, does not convert an infringing use into a fair one.
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Alice Whitesideendorsed by ACRL
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This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use.
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This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K–12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.
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This 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. Educators’ and students’ fair use rights may, of course, extend to other situations as well.
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This code of best practices was created by convening ten meetings with more than 150 members of leading educational associations, including signatories to this document, and other educators across the United States.
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Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. This expanded conceptualization of literacy responds to the demands of cultural participation in the twenty-first century.
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Media literacy education may occur as a separate program or course but often it is embedded within other subject areas, including literature, history, anthropology, sociology, public health, journalism, communication, and education.
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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
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New norms of information sharing—file sharing, downloading, podcasting—are emerging at the very moment when copyright owners are attempting to capture new revenue streams from various sources, including the "educational market." As documented in the report The Cost of Copyright Confusion for Media Literacy (centerforsocialmedia.org/medialiteracy), educators involved in media literacy feel uncertain in this new environment of heightened commodification.
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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.
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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. As a practical matter, they may be less likely to be challenged by rights holders. More important, however, if challenged they would be more likely to receive special consideration under the fair use doctrine—because they occur within an educational setting.
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13 May 10
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millekat_This provides educators with a code of best practices for fair use and copyright.
Copyright Media_Literacy Fair_Use Plagiarism Teachers Library
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Sydney LaceyThis guide identifies five principles that represent the media literacy education community's current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K-12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.
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The Code of Best Practices in Fair Use for Media Literacy Education
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FAIR USE AND EDUCATION
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. As a practical matter, they may be less likely to be challenged by rights holders. More important, however, if challenged they would be more likely to receive special consideration under the fair use doctrine—because they occur within an educational setting.
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New creation inevitably incorporates existing material
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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?
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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. By the same token, however, when a use supplants a copyright owner’s core market, it is unlikely to be fair. Thus, for example, a textbook author cannot quote large parts of a competitor’s book merely to avoid the trouble of writing her own exposition
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Jon TannerThis is a really good document about fair use in education. Copyright is tricky. This document was written with input from a legal advisory board and is signed by several organizations. The more practical guidelines (and myth-busters) are at the end of the document, so if you don't want to read about the esoteric definitions, you can skip ahead.
copyright fairuse education literacy media fair_use media literacy fair use teachers tip tip2 ateam
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Naomi HarmInteresting challenge from a network admin on the Dancing guy video in workshop- as I embedded into preos. I used http://bit.ly/8t4S fairuse
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Mark McBrideThe Code of Best Practices in Fair Use for Media Literacy Education
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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.
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This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
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This code of best practices does not tell you the limits of fair use rights.
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Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. This expanded conceptualization of literacy responds to the demands of cultural participation in the twenty-first century.
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Media literacy education helps people of all ages to be critical thinkers, effective communicators, and active citizens.
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Rather than transforming the media material in question, they use that content for essentially the same purposes for which it originally was intended—to instruct or to entertain.
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specific exemptions for teachers in Sections 110(1) and (2) of the Copyright Act (for "face-to-face" in the classroom and equivalent distance practices in distance education
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this guide addresses another set of issues: the transformative uses of copyright materials in media literacy education that can flourish only with a robust understanding of fair use
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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.
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However, there have been no important court decisions—in fact, very few decisions of any kind—that actually interpret and apply the doctrine in an educational context.
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But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture. In fact, the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work.
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four types of considerations mentioned in the law: the nature of the use, the nature of the work used, the extent of the use, and its economic effect (the so-called "four factors").
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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?
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Fair use is in wide and vigorous use today in many professional communities. For example, historians regularly quote both other historians’ writings and textual sources; filmmakers and visual artists use, reinterpret, and critique copyright material; while scholars illustrate cultural commentary with textual, visual, and musical examples.
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Fair use is healthy and vigorous in daily broadcast television news, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed.
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many publications for educators reproduce the guidelines uncritically, presenting them as standards that must be adhered to in order to act lawfully.
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Experts (often non-lawyers) give conference workshops for K–12 teachers, technology coordinators, and library or media specialists where these guidelines and similar sets of purported rules are presented with rigid, official-looking tables and charts.
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this is an area in which educators themselves should be leaders rather than followers. Often, they can assert their own rights under fair use to make these decisions on their own, without approval.
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ducators should share their knowledge of fair use rights with library and media specialists, technology specialists, and other school leaders to assure that their fair use rights are put into institutional practice.
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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.
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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.
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In all cases, a digital copy is the same as a hard copy in terms of fair use
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When a user’s copy was obtained illegally or in bad faith, that fact may affect fair use analysis.
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Otherwise, of course, 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.
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The principles are all subject to a "rule of proportionality." Educators’ and students’ fair use rights extend to the portions of copyrighted works that they need to accomplish their educational goals
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Educators use television news, advertising, movies, still images, newspaper and magazine articles, Web sites, video games, and other copyrighted material to build critical-thinking and communication skills.
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nder fair use, educators using the concepts and techniques of media literacy can choose illustrative material from the full range of copyrighted sources and make them available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites.
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Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.
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Where illustrative material is made available in digital formats, educators should provide reasonable protection against third-party access and downloads.
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Teachers use copyrighted materials in the creation of lesson plans, materials, tool kits, and curricula in order to apply the principles of media literacy education and use digital technologies effectively in an educational context
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Wherever possible, educators should provide attribution for quoted material, and of course they should use only what is necessary for the educational goal or purpose.
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Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials.
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fair use applies to commercial materials as well as those produced outside the marketplace model.
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curriculum developers should be especially careful to choose illustrations from copyrighted media that are necessary to meet the educational objectives of the lesson, using only what furthers the educational goal or purpose for which it is being made.
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Curriculum developers should not rely on fair use when using copyrighted third-party images or texts to promote their materials
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Students strengthen media literacy skills by creating messages and using such symbolic forms as language, images, sound, music, and digital media to express and share meaning. In learning to use video editing software and in creating remix videos, students learn how juxtaposition reshapes meaning. Students include excerpts from copyrighted material in their own creative work for many purposes, including for comment and criticism, for illustration, to stimulate public discussion, or in incidental or accidental ways
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educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work
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Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.
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Students’ use of copyrighted material should not be a substitute for creative effort
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how their use of a copyrighted work repurposes or transforms the original
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cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity.
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Students should be encouraged to make their own careful assessments of fair use and should be reminded that attribution, in itself, does not convert an infringing use into a fair one.
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Students who are expected to behave responsibly as media creators and who are encouraged to reach other people outside the classroom with their work learn most deeply.
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. In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
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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.
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educators should explore with students the distinction between material that should be licensed, material that is in the public domain or otherwise openly available, and copyrighted material that is subject to fair use.
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ethical obligation to provide proper attribution also should be examined
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Most "copyright education" that educators and learners have encountered has been shaped by the concerns of commercial copyright holders, whose understandable concern about large-scale copyright piracy has caused them to equate any unlicensed use of copyrighted material with stealing
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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.
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Many school policies are based on so-called negotiated fair use guidelines, as discussed above. In their implementation of those guidelines, systems tend to confuse a limited "safe harbor" zone of absolute security with the entire range of possibility that fair use makes available.
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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.
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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
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So if work is going to be shared widely, it is good to be able to rely on transformativeness.
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We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process.
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PRINCIPLES
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EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS
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Common instructional activities include comparison-contrast analysis, deconstruction (close analysis) of the form and content of a message, illustration of key points, and examination of the historical, economic, political, or social contexts in which a particular message was produced and is received.
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EMPLOYING COPYRIGHTED MATERIAL IN PREPARING CURRICULUM MATERIALS
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These materials may include samples of contemporary mass media and popular culture as well as older media texts that provide historical or cultural context.
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SHARING MEDIA LITERACY CURRICULUM MATERIALS
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Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials
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STUDENT USE OF COPYRIGHTED MATERIALS IN THEIR OWN ACADEMIC AND CREATIVE WORK
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Students include excerpts from copyrighted material in their own creative work for many purposes, including for comment and criticism, for illustration, to stimulate public discussion, or in incidental or accidental ways (for example, when they make a video capturing a scene from everyday life where copyrighted music is playing).
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Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work. Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.
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DEVELOPING AUDIENCES FOR STUDENT WORK
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Students who are expected to behave responsibly as media creators and who are encouraged to reach other people outside the classroom with their work learn most deeply.
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In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
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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.
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17 Mar 10
Sarah Clarkenvironment of heightened commodification. On the one hand,
they sense that copyrighted material should be available for their
activities and those of their learners, and that such availability has
great social and cultural utility. But on the other -
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Debra GottslebenThis document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use.
media literacy information literacy digital literacy plagiarism copyright
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"A code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use."
technology copyright fairuse education media fair_use fair use media literacy
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It’s not a guide to material that is already free to use without considering copyright (copyright.cornell.edu/public_domain/). For instance, all federal government works are in the public domain, as are many older works. For more information on "free use," consult the document "Yes, You Can!" (centerforsocialmedia.org/files/pdf/free_use.pdf).
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Media literacy education helps people of all ages to be critical thinkers, effective communicators, and active citizens
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people use their individual skills, beliefs, and experiences to construct their own meanings from media messages
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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.
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But this guide addresses another set of issues: the transformative uses of copyright materials in media literacy education that can flourish only with a robust understanding of fair use.
Media literacy education can flourish only with a robust understanding of fair use.
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As a result, there is a climate of increased fear and confusion about copyright, which detracts from the quality of teaching
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This means that educators who want to claim the benefits of fair use have a rare opportunity to be open and public about asserting the appropriateness of their practices and the justifications for them.
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But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture
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fair use is a user’s right
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Fair use is flexible. It is not uncertain and it is not unreliable.
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This means taking all the facts and circumstances into account to decide if an unlicensed use of copyrighted material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner.
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four types of considerations mentioned in the law:
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nature of the use
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nature of the work used
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the extent of the use, and its economic effect
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• 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 question
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when a use supplants a copyright owner’s core market, it is unlikely to be fair.
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Media literacy educators’ ability to rely on fair use will be enhanced by this code of best practices, which will serve as documentation of commonly held understandings drawn from the experience of educators themselves and supported by legal analysis
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Fair use is healthy and vigorous in daily broadcast television news, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed.
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documentary filmmakers
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film scholars
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a code of best practices has been established for online video creators as well (
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many publications for educators reproduce the guidelines uncritically, presenting them as standards that must be adhered to in order to act lawfully.
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genuine understanding of the purpose of copyright—to promote the advancement of knowledge through balancing the rights of owners and users.
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fair use clearly applies.
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In all cases, a digital copy is the same as a hard copy in terms of fair use.
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When a user’s copy was obtained illegally or in bad faith, that fact may affect fair use analysis
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"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
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Educators’ and students’ fair use rights extend to the portions of copyrighted works that they need to accomplish their educational goals—and sometimes even to small or short works in their entirety. By the same token, the fairness of a use depends, in part, on whether the user took more than was needed to accomplish his or her legitimate purpose. That said, there are no numerical rules of thumb that can be relied upon in making this determination.
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Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.
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PRINCIPLE: Under fair use, educators using the concepts and techniques of media literacy can integrate copyrighted material into curriculum materials, including books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials designed for learning
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should use only what is necessary for the educational goal or purpose
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PRINCIPLE: Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials. If curriculum developers are making sound decisions on fair use when they create their materials, then their work should be able to be seen, used, and even purchased by anyone—since fair use applies to commercial materials as well as those produced outside the marketplace model.
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if a teacher or a school has specifically agreed to a license, then (of course) its terms are likely to be binding—even if they impinge on what would otherwise be considered fair use. And, of course, illustrative material should be properly attributed wherever possible.
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PRINCIPLE: Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work. Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.
-
Students’ use of copyrighted material should not be a substitute for creative effort. Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original.
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Students should be encouraged to make their own careful assessments of fair use and should be reminded that attribution, in itself, does not convert an infringing use into a fair one.
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If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
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And students should be encouraged to understand how their distribution of a work raises other ethical and social issues, including the privacy of the subjects involved in the media production.
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This code of best practices, by contrast, is shaped by educators for educators and the learners they serve, with the help of legal advisors.
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02 Feb 10
Public Stiky Notes
Page Comments
What this article seems not to address as thoroughly is attribution.
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