[A2k] Yes, You Can Use Copyrighted Materials in the
Classroom
Cynthia Gayton
cgayton@gwu.edu
Tue Nov 18 15:12:01 2008
People should be very careful with this information. A code developed by e=
ducators is wonderful. However, the copyright owners are not a party to thi=
s code. There are exceptions under the fair use doctrine for education, but=
I would strongly suggest that anyone who wants to use copyright protected =
material work with their own academic institution because guidelines may d=
iffer. In addition, pay attention to the language where educators and lear=
ners "can, under some circumstances." IMHO, there is no new ground covered=
here - other than perhaps just getting people on board with a best practic=
es approach to an ongoing and sometimes confusing issue.
----- Original Message -----
From: "Jeffrey A. Williams" <jwkckid1@ix.netcom.com>
Date: Tuesday, November 18, 2008 10:21 am
Subject: Re: [A2k] Yes, You Can Use Copyrighted Materials in the Classroom
To: Mike Palmedo <mpalmedo@wcl.american.edu>
Cc: a2k@lists.essential.org, Vint Cerf <vint@google.com>, IPC <info@ipconst=
ituency.org>, barrett@american.edu, pjaszi@wcl.american.edu, jazmyn.burton@=
temple.edu, Ray Beckerman <ray@beckermanlegal.com>
> 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:
>
> >
> >
> > 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 the=
ir
> > 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 valuabl=
e
> > 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 Coalitio=
n
> > for Media Education, the National Council of Teachers of English, the
> > Visual Communication Studies Division of the International Communicati=
on
> > 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 abou=
t
> > the November 11 event, email Katie Donnelly at Temple,
> > katie.donnelly@temple.edu.
> >
> > Educators use copyrighted materials from mass media and popular cultur=
e
> > in building students=92 critical thinking and communication skills. Fo=
r
> > example, a teacher might have a class analyze a website or a televisio=
n
> > 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 Washingto=
n
> > 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 increasi=
ngly
> > 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 defyi=
ng
> > 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 transformativenes=
s
> > standard.
> >
> > As part of the project, American University=92s Center for Social Medi=
a
> > 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, dire=
ctor
> > 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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> > A2k@lists.essential.org
> >
>
> Regards,
>
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