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Code of Best Practices in Fair Use for Media Literacy Education By: Jamia Waddell

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Page 1: Waddell Educational Copyright and Fair Use

Code of Best Practices in Fair Use for Media Literacy

Education

By: Jamia Waddell

Page 2: Waddell Educational Copyright and Fair Use

Media in Educationvs. Media Literacy Education

Media in Education VS.

Media Literacy Education

Image: http://www.flickr.com/photos/sepehrehsani/5766453552/

Page 3: Waddell Educational Copyright and Fair Use

Media in Education

Uses text, audiovisual and digital material to convey facts and information.

Uses the content of materials for the same purposes for which it was originally intended – for instruction or entertainment.

Images: www.office.com

Page 4: Waddell Educational Copyright and Fair Use

Media Literacy Education

The ability to access, analyze, evaluate and communicate messages in a wide variety of forms.

Includes both receptive and productive dimensions. Encompasses critical analysis and communication

skills (in relation to mass media, popular culture and digital media.

Can be taught learned and applied in many contexts.

http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 5: Waddell Educational Copyright and Fair Use

Copyright

and

Fair Use

Video Click Here

Image: http://www.flickr.com/photos/shockinglytasty/5007461858/sizes/l/in/photostream/

Page 6: Waddell Educational Copyright and Fair Use

CopyrightDefinition: “The legal right granted to an author, a

composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.”

http://www.edu-cyberpg.com/Teachers/copyrightlaw.html Doesn't specify how to apply fair use. Lawyers and judges decide whether use of

copyrighted material is “fair” according to a “rule of reason.”

http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 7: Waddell Educational Copyright and Fair Use

Fair Use

Definition: Fair Use allows reproduction of copyrighted works for noncommercial purposes like “criticism, comment, news reporting, teaching, scholarship or research.

Four Factors considered by judges The nature of the use

The nature of the work used The extent of the use

Its economic effecthttp://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 8: Waddell Educational Copyright and Fair Use

Fair Use con't

Two additional key questions that arise for judges: Did the unlicensed use “transform the

material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?

Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

Yes to both questions usually results in a court finding a use fair.http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 9: Waddell Educational Copyright and Fair Use

Five Current Principles in the Use of Copyrighted Materials

Employing copyrighted material in media literacy lessons

Employing copyrighted material in preparing curriculum materials

Sharing media literacy curriculum materials Student use of copyrighted materials in their own

academic and creative work Developing audiences for student work

http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 10: Waddell Educational Copyright and Fair Use

Principle OneEmploying Copyrighted Material in

Media Literacy Lessons

Description: Educators use various examples of media to build critical-thinking and communication skills

Examples: Compare/contrast analysis, illustration of key points using media.

Limitations: Educators should use materials relevant to educational goals or purposes, provide proper attribution and model citation practiceshttp://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 11: Waddell Educational Copyright and Fair Use

Principle TwoEmploying Copyrighted Material in Preparing

Curriculum MaterialsDescription: Teacher use copyrighted materials to create

lessons, materials, curricula to apply principles of media literacy education and use digital technologies in an educational setting.

Examples: Educators integrate books, podcasts, videos, websites, etc. into curriculum materials designed for learning.

Limitations: Educators should provide attribution for copyrighted materials and use only necessary materials that meet professional standards for curriculum development.http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 12: Waddell Educational Copyright and Fair Use

Principle ThreeSharing Media Literacy Curriculum

MaterialsDescription: Educators informally share media literacy

curriculum materials from mass media and popular culture through professional development, at educational conferences and by electronic means.

Examples: Educators sharing lessons and resource materials with one another.

Limitations: Educators should only use materials relevant to educational goals or purposes. They should provide proper attribution and for promotion of materials using third-party images, developers should complete the permissions process.http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 13: Waddell Educational Copyright and Fair Use

Principle FourStudent Use of Copyrighted Materials in Their Own Academic and Creative Work

Description: Students learn to include copyrighted materials in their own creative works.

Examples: Students should be allowed to incorporate, modify, and re-present existing media in their own work. Media production, critiques, illustration of ideas/concepts.

Limitations: Use of copyrighted material shouldn't be a substitute for creative effort. Students should understand and demonstrate how their use of copyrighted work transforms the original work and should be reminded that attribution, in itself, doesn't convert infringing use into fair use.http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 14: Waddell Educational Copyright and Fair Use

Principle FiveDeveloping Audiences for Student Work

Description: Students have the opportunity to distribute and share their work with other individuals.

Examples: Students' assignments are shared through the Internet by blogging or use of websites.

Limitations: Students should use materials relevant to educational goals or purposes and provide proper attribution. Educators should model the real-world permissions process and explore the differences between materials that should be licensed, material that's public domain and copyrighted material subject to fair use.

http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 15: Waddell Educational Copyright and Fair Use

General Points About Principles

The principles: Apply to ALL forms of media. Apply in institutional settings and to non-

school based programs. Concern the unlicensed fair use of

copyrighted materials for education, not the way those materials were acquired.

Are all subject to a “rule of proportionality.”

http://online.education.ufl.edu/file.php/4197/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf

Page 16: Waddell Educational Copyright and Fair Use

Licenses

Licenses allow creators to retain copyright while allowing others to copy, distribute and make some uses of their work. There are six main types of licenses in which the creator must consider commercial use, whether to allow derivatives and the terms for their licensees.

Commercial Use

No commercial use

Derivatives

No derivative work

Image: http://www.flickr.com/photos/jollyuk/1989719848/ http://creativecommons.org/licenses/

Page 17: Waddell Educational Copyright and Fair Use

Licensing Formats

“Three-Layer” Design

Legal Code – Used by lawyers

The Commons Deed – Used by creators, educators and scientists

Machine Readable

http://creativecommons.org/licenses/

Page 18: Waddell Educational Copyright and Fair Use

Types of Licenses

Attribution

CC BY

Allows others to distribute, remix, tweak and build upon your work, even commercially, as long as they credit you for the original creation.

http://creativecommons.org/licenses/

Page 19: Waddell Educational Copyright and Fair Use

Types of Licenses

Attribution – No Derivs

CC BY-ND

Allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the creator.

http://creativecommons.org/licenses/

Page 20: Waddell Educational Copyright and Fair Use

Types of Licenses

Attribution- NonCommercial- ShareAlike

CC BY-NC-SA

Allows others to remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

http://creativecommons.org/licenses/

Page 21: Waddell Educational Copyright and Fair Use

Types of Licenses

Attribution- ShareAlike

CC BY-SA

Allows others to remix, tweak and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms.

http://creativecommons.org/licenses/

Page 22: Waddell Educational Copyright and Fair Use

Types of Licenses

Attribution – NonCommercial

CC BY-NC

Allows other to remix, tweak and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don't have to license their derivative works on the same terms.

http://creativecommons.org/licenses/

Page 23: Waddell Educational Copyright and Fair Use

Types of Licenses

Attribution- NonCommercial- No Derivs

CC BY-NC-ND

Allows other to download your works and share them with others as long as they credit you, but they can't change them in any way or use them commercially.

http://creativecommons.org/licenses/