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

Tue Nov 18 10:21:03 2008

Mike and all,

  Thank you for sharing this information.  And it seems reasonable
as well as logical.  Yet one has to wonder how or if Google/YouTube
agrees with this?  Secondly given the MPAA's, the IPC's, and the
RIAA's recent legal activities if they also are in agreement?

Mike Palmedo wrote:

> http://www.wcl.american.edu/pijip/go/news/yes-you-can-use-copyrighted-mat=
erial-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 215-204-759=
4
>
> 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, amon=
g
> 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 increasingl=
y
> 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, directo=
r
> 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
>
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