©Educational

Fair Use and

Copyright

Doug BrownEME5207March 2009

The Code of Best

Practices in Fair

Use for Media

Literacy Education

Published November

2008

Code of Best Practices

Media Literacy – A 21st Century Skill

Media Literacy Education is to promote critical thinking, effective communication and active citizenship; more 21st century skills.

Code of Best PracticesSix foundations of media analysis

Messages are constructed Media have different characteristics and

ways of construction Messages are produced for a reason Messages have points of view and

inherent values Individuals make their own meaning of a

message Messages can change beliefs

Code of Best PracticesFair use is flexible

Four factors are considered

Nature of use Nature of work Extent of use Economic effect

Code of Best PracticesRules

Rules of thumb like 10% of the work no longer apply

Now it’s the “rule of proportionality” Fair use applies to the portion of the

copyrighted work needed to fulfill the educational goal

Code of Best PracticesPrinciples

ONE—In media literacy lesson: Illustrative material with attribution

TWO—In curriculum materials: integrate copyrighted material with attribution

THREE—Sharing curriculum materials: Seen, used, purchased

FOUR—Students use in academic work: Learn to incorporate, modify, re-present, with attribution

FIVE—Developing audience for student work: Internet distribution of work that meets transformativeness standard with attribution

Code of Best Practices

Educators Should BeLeaders in Fair Use

Code of Best PracticesMyths List

Myth Truth

Fair use for lawyers only Fair use belongs to educators

Fair use rules of thumb work

Fair use is situational and must practiced in context

School rules are the last word

Safe harbor may be negotiated to include more possibilities

Fair use is for critics and parody makers

Fair use is also for creators of new content transforming existing works

Code of Best PracticesMyths List (continued)

Myth Truth

Fair use is any non-commercial

Some commercial may be fair use

Fair use is a defense only Fair use is a right

You need forms for fair use Nothing official is required for fair use

Fair use can get me sued It has not happened yet

Code of Best Practices

The TEACH Act of 2002 is never mentioned in the Code

Earlier copyright laws are discussed Some Code information appears to

be not in compliance with the TEACH Act

TEACH Act

Guidelines For Complying With the TEACH Act

TEACH Act

Latest US Copyright Law:

Technology, Education, and CopyrightHarmonization Act (TEACH Act)

Passed by Congress in 2002

TEACH Act Brought Copyright Law into 21st

Century Provided Parameters for

Copyrighted Material to be Digitally Transmitted

Repealed Sections of Copyright Law That Mandated Web Educators

Use Protocols That Mimicked Closed

Circuit TV Instruction

TEACH ActImprovements In Copyright Law

Enhanced breadth of available works

Enhanced opportunities for student locations

Enhanced storage and access to students

Conversion of works to digital format

TEACH Act

Benefits of the TEACH Act are only available to institutions and educators that comply

with the Act

TEACH ActThe TEACH Act has:

Requirements for institutional policy makers

Requirements for information technology officials

Requirements for instructors

TEACH ActInstructor Responsibilities:

Determine if Material is Protected by Copyright

Determine if Material Qualifies for “Fair Use”

Determine if Use is Allowable Under the TEACH Act (Hoon, 2002)

Investigate Other Methods of Instructional Material Delivery (Crews, 2003)

TEACH ActInstructor “Do’s”:

Limit Use to the Equivalent of a Class Session

Make the Material Part of the Classroom Material Instruction Activities

Notify Students About Copyrighted Material, Copyright Law, and That They Should Not Violate the Rights of the Copyright Holder (Hoon, 2002)

TEACH ActInstructor “Dont’s”:

Don’t Use Pirated Works Don’t Convert Analog Material to Digital

Format, Without Complying With Provisions of the TEACH Act

Unless Purchased by the Institution, Do Not Use Commercial Works Marketed for Digital Distance Education Purposes (Crews, 2003)

Creative Commons

A set of licenses in lieu of copyright that allows a creator to set the permissions of how others can distribute and alter their work

Creative Commons

License Conditions Attribution Share Alike Non-commercial No derivative works

Creative CommonsLicenses

Attribution Attribution Share Alike Attribution No Derivatives Attribution Non-Commercial Attribution Non-Commercial Share

Alike Attribution Non-Commercial No

Derivatives

Flickr

Photosharing Set and Collection

Organizing Photo Editing Flickr Mapping

Center For Social Media. (2008). The Code of Best Practices in Fair Use For Media Literacy Education. Retrieved March 23, 2009, from http://www.centerforsocialmedia.org/resources/publications/code_for_media_literacy_education/

Creative Commons. (n.d.) Licenses. Retrieved March 27, 2009, from http://creativecommons.org/about/licenses

References

Crews, K.D. (2003). New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act. Retrieved March 13, 2007, from http://www.copyright.iupui.edu/teach_summary.htm

Flickr. (2009). Welcome to Flickr. Retrieved March 27, 2009, from http://www.flickr.com

References (cont.)

Hoon, P.E. (2002). The TEACH Toolkit, An Online Resource for Understanding Copyright and Distance Education. North Carolina State University. Retrieved March 13, 2007, from http://www.lib.ncsu.edu/scc/legislative/teachkit/

References (cont.)