[A2k] Yes, You Can Use Copyrighted Materials in the
Classroom
Peter Jaszi
pjaszi@wcl.american.edu
Tue Nov 18 15:12:20 2008
A word about the theory underlying this Code of Best Practices (and the
others collected at www.centerforsocialmedia.org) may be in order. Those
of us who work on this project start from the assumption (pretty clearly
demonstrated by the case law) that when courts evaluate what constitutes
fair use in a particular area of practice, they defer broadly to the shared
values of responsible practitioners in the field (publishers, broadcasters
or -- as here -- teachers). So we work on trying to develop clear
statements of consensus values within practice communities rather than
trying to negotiate fair use "guidelines" with rights holders -- an
approach that always has led to disastrous results in the form of
"agreements" that radically understate the real extent of fair use.
Of course, it is important for teachers to be aware of their institution's
policies, but they should also know that often those policies derive from
the same ill-starred negotiated guidelines I just mention. So when
teachers (or or their students) need to do things in and around the
classroom that institutional policies don't authorize, we hope that they
will use the Code of Best Practices to persuade their institutional
"gatekeepers" to reconsider those policies.
It's worth taking a look at how the Code is set forth -- identifying
categories of uses that are potentially subject to fair use, and also
stating a series of limitations on the application of the doctrine where
each of those categories is concerned. It isn't a "cook book" approach,
but we think it does have the capacity to equip educators and students with
the tools they need to make wise and safe decisions -- and to reduce the
"confusion" around the issue. Some of that confusion of course, may be
productive, in the sense that any set of hard and fast rules (20 seconds of
that or 5 pages of the other) will end up operating more as a
straight-jacket than enabling tool-kit.
I'm delighted to know that others think that we've managed to summarize
existing wisdom in the area. That is, of course, exactly the point of the
exercise.
-- Peter Jaszi
At 11:08 AM 11/18/2008 -0500, Cynthia Gayton wrote:
>People should be very careful with this information. A code developed by
>educators is wonderful. However, the copyright owners are not a party to
>this 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 differ. In addition, pay attention to the language where
>educators and learners "can, under some circumstances." IMHO, there is no
>new ground covered here - other than perhaps just getting people on board
>with a best practices 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@ipconstituency.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 t=
heir
> > > 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 an=
d
> > > misinformation have kept teachers and students from using this valua=
ble
> > > 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 Coalit=
ion
> > > for Media Education, the National Council of Teachers of English, th=
e
> > > Visual Communication Studies Division of the International Communica=
tion
> > > 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 ab=
out
> > > the November 11 event, email Katie Donnelly at Temple,
> > > katie.donnelly@temple.edu.
> > >
> > > Educators use copyrighted materials from mass media and popular cult=
ure
> > > in building students=92 critical thinking and communication skills. =
For
> > > example, a teacher might have a class analyze a website or a televis=
ion
> > > 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 int=
o
> > > 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 Washing=
ton
> > > College of Law. =93It's one of the best copyright tools teachers hav=
e.=94
> > >
> > > =93Finally, copyright confusion among educators will be a thing of t=
he
> > > past,=94 said Hobbs, founder of Temple University=92s Media Educatio=
n Lab
> > > and professor of broadcasting, telecommunications and mass media at
> > the
> > > university=92s School of Communications and Theater. =93In an increa=
singly
> > > copyrighted world, the code of best practices clarifies copyright an=
d
> > > fair use for educators and students.=94
> > >
> > > The code, which outlines basic principles for the application of fai=
r
> > > use to media literacy education, articulates related limitations, an=
d
> > > 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 impair=
s
> > the
> > > teaching of critical thinking and communication skills. Too many
> > > teachers, the report found, react by feigning ignorance, quietly def=
ying
> > > 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 copyrighte=
d
> > > 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 transformativen=
ess
> > > standard.
> > >
> > > As part of the project, American University=92s Center for Social Me=
dia
> > > 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 fo=
r
> > > viewing until November 11, preview/teaser clips are online and
> > ready for
> > > viewing.
> > >
> > > =93The best practices approach has worked superbly for other creativ=
e
> > > communities, such as documentary filmmakers,=94 said Aufderheide, di=
rector
> > > of the Center for Social Media, part of AU=92s School of Communicati=
on.
> > > =93The code will empower educators to work as creatively as they wan=
t
> > 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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> >
> > Regards,
> >
> > Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
> > "Obedience of the law is the greatest freedom" -
> > Abraham Lincoln
> > "YES WE CAN!" Barack ( Berry ) Obama
> >
> > "Credit should go with the performance of duty and not with what is
> > very often the accident of glory" - Theodore Roosevelt
> >
> > "If the probability be called P; the injury, L; and the burden, B;
> > liability depends upon whether B is less than L multiplied by
> > P: i.e., whether B is less than PL."
> > United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
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> > jwkckid1@ix.netcom.com
> > My Phone: 214-244-4827
> >
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