I had the pleasure of attending the release of the Code of Best Practices in Fair Use for Media Literacy in Education on November 11, 2008 at the Constitution Center, in Philadelphia, PA. The project was started by Professor Pat Aufderheide at the Center for Social Media at American University in Washington, D.C. who worked with documentary filmmakers to create the Documentary Filmmakers’ Statement of Best Practices in Fair Use.
The following organizations have been working to develop this new code for educators for the past two years:
Action Coalition for Media Education
Media Education Foundation
National Association for Media Literacy Education
National Council of Teachers of English
John D. and Catherine T. MacArthur Foundation
Visual Communication Studies Division of the International Communication Association
Renee Hobbs, professor at Temple University Media Education Lab, and Peter Jaszi, professor of Law at American University’s Washington College of Law hosted the morning, leading conversations among panelists
There are 5 main principles that may be used in some circumstances:
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.
I believe the issue of creating transformative work is the core here. I have attached the document, has anyone heard of this, or have any thoughts to share about it?
Stanford University also has a fair use document which speaks to transformative use with a good description of what it means.
Copyright and fair use are confusing topics. As I sat listening during this presentation the one thought which kept running through my mind was how many in education pay any attention to either of these issues? Where are these things taught in the curriculum? Are teachers knowledgeable enough on the topic to have conversations with students? Is this something any of the districts in this cohort address? If so I would appreciate hearing how it is handled.