Ginna Schonwald's List: Library Links

• In our 2007 report, The Cost of Copyright Confusion for Media Literacy, we found that media literacy educators share certain values about the use of copyrighted material, including news, advertising, movies, music, videogames, and other aspects of mass media, digital media and popular culture. While they respect the rights of owners of intellectual property, they also believe that it is necessary to use copyrighted works freely for the purpose of strengthening students' critical thinking and communication skills.

• The consensus principles that emerged from these discussions is reflected in the Code of Best Practices in Fair Use for Media Literacy Education, which was adopted by several national membership organizations, including the National Association for Media Literacy Education. The National Council of Teachers of English (NCTE) adopted the Code as an official policy in November, 2008. The Code identifies five principles, each with limitations, representing the community's own current consensus about acceptable practices for the fair use of copyrighted materials. As stated in the Code, educators can, under some circumstances:
   

  
   
  • Make copies of newspaper articles, TV shows, and other copyrighted works, and use them and keep them for educational use.
  
   
  • Create curriculum materials and scholarship with copyrighted materials embedded.
  
   
  • Share, sell, and distribute curriculum materials with copyrighted materials embedded.
  
   
    

  Learners can, under some circumstances:
   

  
   
  • Use copyrighted works in creating new material.
  
   
  • Distribute their works digitally if they meet the transformativeness standard.

• Does current copy protection technology restrict practices that are reasonably construed as falling under the doctrine of fair use?
   
   

  
   Yes--that's the primary criticism of the DMCA, and it's why the Library of Congress Copyright Office grants exemptions. The creation of compilations for educational use is legal under the doctrine of fair use. Whether a teacher is creating a compilation or a student is producing a video class assignment, the intended use is for "criticism" and "comment," two uses singled out for protection under the law.

    

  Right now, DRM restrictions make it impossible for educators to make a "transformative" use of copyrighted material. Transformative work uses copyrighted materials, but adds something new, with a further purpose, or different character, altering the first with new expression, meaning or message. Transformative uses are considered to be legal under the doctrine of fair use.

    

  Media literacy educators' use of copyrighted materials is inherently transformative, because our uses of copyrighted content are not for the same intrinsic purpose as the one the copyright owner intended.

  • Note that Media Literacy class uses of copyrighted material are considered "inherently transformative!"
• In general, media literacy educators use copyrighted content to (1) illustrate key concepts of media literacy, (2) to deconstruct and critically analyze media messages, (3) to recognize and examine specific production techniques employed in moving image media, (4) to explore economic, political, or social issues or the cultural values depicted in the representation, or (5) as part of the process of building skills and knowledge through the creation of student-produced works to demonstrate those ideas and techniques.

2 more annotations...

• Good follow-up lesson for Grade 6 or 7 students who did the info literacy unit with me last year. Use when a research topic has been assigned. - Ginna Schonwald on 2008-07-29

• Great reviews and interviews. Possibly use the Eve Bunting one with 6th grade when I read Coming to America? - Ginna Schonwald on 2008-07-29