[A2k] Yes, You Can Use Copyrighted Materials in the Classroom

[Mike Palmedo]

http://www.wcl.american.edu/pijip/go/news/yes-you-can-use-copyrighted-mater=
ial-in-the-classroom

Yes, You Can Use Copyrighted Material In the Classroom
New Code Outlines Five Principles of Fair Use for Teachers, Students

Contact: Maggie Barrett, AU Media Relations, barrett@american.edu or
202-885-5951
Peter Jaszi, AU Washington College of Law, pjaszi@wcl.american.edu or
202-274-4216
Jazmyn Burton, Temple University, jazmyn.burton@temple.edu or 215-204-7594

WASHINGTON, D.C. (November 5, 2008)=97A national magazine tells a
professor she needs hundreds of permissions to use its cover photos in
her class, when in fact, she could claim fair use, which does not
require payment or permission. Many teachers want to use YouTube as a
teaching tool but aren=92t sure if it=92s legal, while others warn their
students not to post their video assignments to YouTube. Under fair use,
both actions are legal.

All manner of content and media is now available online, but fear and
misinformation have kept teachers and students from using this valuable
material, including portions of films, TV coverage, photos, songs,
articles, and audio, in the classroom.

Now, thanks to a coordinated effort by the media literacy community,
supported by experts at American University and Temple University,
teachers and students have a guide that simplifies the legalities of
using copyrighted materials in an academic setting: The Code of Best
Practices in Fair Use for Media Literacy Education.

The code, which will be released on Tuesday, November 11, at the
National Constitution Center in Philadelphia, was developed by the
National Association for Media Literacy Education, the Action Coalition
for Media Education, the National Council of Teachers of English, the
Visual Communication Studies Division of the International Communication
Association, and the Media Education Foundation. The code was
facilitated by Peter Jaszi and Patricia Aufderheide of American
University, and Renee Hobbs of Temple University. For information about
the November 11 event, email Katie Donnelly at Temple,
katie.donnelly@temple.edu.

Educators use copyrighted materials from mass media and popular culture
in building students=92 critical thinking and communication skills. For
example, a teacher might have a class analyze a website or a television
ad to identify purpose, point of view, and source credibility. With the
rise of digital media tools for learning and sharing, it is more
important than ever for educators to understand copyright and fair use.

Fair use, a long-standing doctrine that was specifically written into
Sec. 107 of the Copyright Act of 1976, allows the use of copyrighted
material without permission or payment when the benefit to society
outweighs the cost to the copyright owner.

=93The fair-use doctrine was designed to help teachers and learners, among
others,=94 said Peter Jaszi, director of the Program on Information
Justice and Intellectual Property at American University=92s Washington
College of Law. =93It's one of the best copyright tools teachers have.=94

=93Finally, copyright confusion among educators will be a thing of the
past,=94 said Hobbs, founder of Temple University=92s Media Education Lab
and professor of broadcasting, telecommunications and mass media at the
university=92s School of Communications and Theater. =93In an increasingly
copyrighted world, the code of best practices clarifies copyright and
fair use for educators and students.=94

The code, which outlines basic principles for the application of fair
use to media literacy education, articulates related limitations, and
examines common myths about copyright and education, is a follow-up to a
2007 report, The Cost of Copyright Confusion for Media Literacy. The
report found that teachers=92 lack of copyright understanding impairs the
teaching of critical thinking and communication skills. Too many
teachers, the report found, react by feigning ignorance, quietly defying
the rules, or vigilantly complying.

The Code of Best Practices in Fair Use for Media Literacy Education
outlines five principles, each with limitations:

Educators can, under some circumstances:

1. Make copies of newspaper articles, TV shows, and other copyrighted
works, and use them and keep them for educational use.

2. Create curriculum materials and scholarship with copyrighted
materials embedded.

3. Share, sell, and distribute curriculum materials with copyrighted
materials embedded.

Learners can, under some circumstances:

4. Use copyrighted works in creating new material.

5. Distribute their works digitally if they meet the transformativeness
standard.

As part of the project, American University=92s Center for Social Media
produced a video to help teachers and students understand how they can
use copyrighted materials. The code, video, and other curriculum
materials for educators will be available at
centerforsocialmedia.org/medialiteracy, and Mediaeducationlab.com.

Media interested in receiving an embargoed (November 11) copy of the
report, contact Micael Bogar at the Center for Social Media,
bogar@american.edu. Although the full video will not be available for
viewing until November 11, preview/teaser clips are online and ready for
viewing.

=93The best practices approach has worked superbly for other creative
communities, such as documentary filmmakers,=94 said Aufderheide, director
of the Center for Social Media, part of AU=92s School of Communication.
=93The code will empower educators to work as creatively as they want to,
with a much better understanding of their rights under the law.=94

This project was funded by the John D. and Catherine T. MacArthur
Foundation, with additional funding from the Ford Foundation.
###
Contact: Maggie Barrett
Date: 11/05/2008
Phone: 202-885-5951

--
Mike Palmedo
Research Coordinator
Program on Information Justice and Intellectual Property
American University, Washington College of Law
4910 Massachutsetts Ave., NW Washington, DC 20016
T - 202-274-4442 | F 202-274-0659
mpalmedo@wcl.american.edu