2. E DUCATIONAL F AIR U SE AND C OPYRIGHTS A ND C REATIVE C OMMONS Debbie Reid

3. W HAT W OULD Y OU L IKE T O DO Review Educational Fair Use Concepts Review Educational Fair Use Principles Review Creative Commons Concepts Review Creative Commons LicensesTest Your KnowledgeExit

4. W HAT IS E DUCATIONAL F AIR U SE ? Fair use is: the right to use copyrighted material without permission or payment under some circumstances valid when the cultural or social benefits of the use are predominant. a general right that applies even in situations where the law provides no specific authorization for the use in question—as it does for certain narrowly defined classroom activities. Fair use is: the right to use copyrighted material without permission or payment under some circumstances valid when the cultural or social benefits of the use are predominant. a general right that applies even in situations where the law provides no specific authorization for the use in question—as it does for certain narrowly defined classroom activities. For more information on “free use,” consult the document Yes, You Can! (centerforsocialmedia.org/files/pdf/free_use.pdf ).Yes, You Can!centerforsocialmedia.org/files/pdf/free_use.pdf

5. E XAMPLES OF W ORK P ROTECTED BY C OPYRIGHTS advertisements blank information form catalogs and directories collages and montages diaries/ journals/letters digitized images fiction leaflets and pamphlets lectures and speeches letters and email music scores song lyrics newsletters newspapers and magazines nonfictionpaintings reference books

6. W HAT IS M EDIA L ITERACY ? Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. Media literacy education may occur as a separate program or course but often it is embedded within other subject areas, including literature, history, anthropology, sociology, public health, journalism, communication, and education. Media literacy education distinctively features the analytical attitude that teachers and learners, working together, adopt toward the media objects they study. Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. Media literacy education may occur as a separate program or course but often it is embedded within other subject areas, including literature, history, anthropology, sociology, public health, journalism, communication, and education. Media literacy education distinctively features the analytical attitude that teachers and learners, working together, adopt toward the media objects they study.

7. M EDIA L ITERACY WITHIN E DUCATIONAL F AIR U SE The foundation of effective media analysis is the recognition that: - all media messages are constructed - each medium has different characteristics and strengths - media messages are produced for particular purposes - all media messages contain embedded values and points of view - people use their individual skills, beliefs, and experiences to construct their own meanings - media and media messages can influence beliefs, attitudes, values, and behaviors Making media and sharing it with listeners, readers, and viewers is essential to the development of critical thinking and communication skills. Feedback deepens reflection on one’s own editorial and creative choices and helps students grasp the power of communication. The foundation of effective media analysis is the recognition that: - all media messages are constructed - each medium has different characteristics and strengths - media messages are produced for particular purposes - all media messages contain embedded values and points of view - people use their individual skills, beliefs, and experiences to construct their own meanings - media and media messages can influence beliefs, attitudes, values, and behaviors Making media and sharing it with listeners, readers, and viewers is essential to the development of critical thinking and communication skills. Feedback deepens reflection on one’s own editorial and creative choices and helps students grasp the power of communication.

8. P RINCIPLE 1 EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS DESCRIPTION: Educators use television news, advertising, movies, still images, newspaper and magazine articles, Web sites, video games, and other copyrighted material to build critical-thinking and communication skills. PRINCIPLE: Under fair use, educators using the concepts and techniques of media literacy can choose illustrative material from the full range of copyrighted sources and make them available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites. LIMITATIONS : Educators should choose material that is germane to the project or topic, using only what is necessary for the educational goal or purpose for which it is being made.

9. P RINCIPLE 2 EMPLOYING COPYRIGHTED MATERIAL IN PREPARING CURRICULUM MATERIALS DESCRIPTION: Teachers use copyrighted materials in the creation of lesson plans, materials, tool kits, and curricula in order to apply the principles of media literacy education and use digital technologies effectively in an educational context. PRINCIPLE: Under fair use, educators using the concepts and techniques of media literacy can integrate copyrighted material into curriculum materials, including books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials designed for learning. LIMITATIONS : Wherever possible, educators should provide attribution for quoted material, and of course they should use only what is necessary for the educational goal or purpose. The materials should meet professional standards for curriculum development, with clearly stated educational objectives, a description of instructional practices, assignments, and assessment criteria.

10. P RINCIPLE 3 SHARING MEDIA LITERACY CURRICULUM MATERIALS DESCRIPTION: Media literacy curriculum materials always include copyrighted content from mass media and popular culture. Informal sharing of these materials occurs at educational conferences and through professional development programs, as well by electronic means. Media literacy curriculum materials are also developed commercially in collaboration with publishers or nonprofit organizations. PRINCIPLE: Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials. If curriculum developers are making sound decisions on fair use when they create their materials, then their work should be able to be seen, used, and even purchased by anyone—since fair use applies to commercial materials as well as those produced outside the marketplace model. LIMITATIONS : In materials they wish to share, curriculum developers should be especially careful to choose illustrations from copyrighted media that are necessary to meet the educational objectives of the lesson, using only what furthers the educational goal or purpose for which it is being made.

11. P RINCIPLE 4 STUDENT USE OF COPYRIGHTED MATERIALS IN THEIR OWN ACADEMIC AND CREATIVE WORK DESCRIPTION: Students strengthen media literacy skills by creating messages and using such symbolic forms as language, images, sound, music, and digital media to express and share meaning. In learning to use video editing software and in creating remix videos, students learn how juxtaposition reshapes meaning. PRINCIPLE: Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re- present existing media objects in their own classroom work. Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy. LIMITATIONS : Students’ use of copyrighted material should not be a substitute for creative effort. Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original.

12. P RINCIPLE 5 DEVELOPING AUDIENCES FOR STUDENT WORK DESCRIPTION: Students who are expected to behave responsibly as media creators and who are encouraged to reach other people outside the classroom with their work learn most deeply. Although some student media productions are simply learning exercises designed to develop knowledge and skills, media literacy educators often design assignments so that students have the opportunity to distribute their work. PRINCIPLE: Educators should work with learners to make a reasoned decision about distribution that reflects sound pedagogy and ethical values. In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re- presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use. LIMITATIONS : Educators and learners in media literacy often make uses of copyrighted works outside the marketplace, for instance in the classroom, a conference, or within a school-wide or district- wide festival. When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine.

13. W HAT IS C REATIVE C OMMONS ? According to the website, Creative Commons is a " a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright."website Creative Commons allows for - more free expression - creativity and connection - access and control - communication between cultural exchange - Saving the world from failed sharing See the videovideo Creative Commons allows for - more free expression - creativity and connection - access and control - communication between cultural exchange - Saving the world from failed sharing See the videovideo

14. C REATIVE C OMMON L ICENSES There are six main licenses offered when you choose to publish your work with a Creative Commons license.publish your work Attribution License This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution. Creative Common Icon

15. C REATIVE C OMMON L ICENSES Attribution Share Alike This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. Creative Common Icon

16. C REATIVE C OMMON L ICENSES Attribution No Derivative This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. Creative Common Icon

17. C REATIVE C OMMON L ICENSES Attribution Non-Commercial This license lets others 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. Creative Common Icon

18. C REATIVE C OMMON L ICENSES Attribution Non-Commercial Share Alike This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. Creative Common Icon

19. C REATIVE C OMMON L ICENSES Attribution Non-Commercial No Derivatives This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially. Creative Common Icon

20. Q UESTION 1: I S THE FOLLOWING SCENARIO A VALID FAIR USE ACT ? True False Ms. Brown makes multiple copies of a chapter in a textbook in order to avoid purchasing the textbook.

21. Q UESTION 2: I S THE FOLLOWING SCENARIO A VALID FAIR USE ACT ? True Ms. Thomas makes a single copy of several chapters in a textbook for research and class preparation. False

22. Q UESTION 3: I S THE FOLLOWING SCENARIO A VALID FAIR USE ACT ? True False Mr. Ayers makes multiple copies of a motion picture film released by a movie studio that he bought at the video store.

23. Q UESTION 4: Tina makes multiple copies of a CD she bought to give to her studentsTina makes multiple copies of a CD she bought to give to her students. Susan makes multiple copies of a textbook to use again and again without permissionSusan makes multiple copies of a textbook to use again and again without permission. Harry copies and alters a broadcast program on television to show his classHarry copies and alters a broadcast program on television to show his class. Tom makes one copy of a short story to read aloud to the class. Which of the following acts is a valid exercise of the fair use act?

24. Q UESTION 5: What license is found on this photo in Creative Commons on FlickR? Attribution Share Alike Attribution No Derivative Attribution Non commercial Wolfgang Staudt

25. Q UESTION 6: What license is found on this photo in Creative Commons on FlickR? Attribution No Derivative Attribution Non commercial Attribution Non Commercial Share Alike Attribution Non Commercial No Derivatives A. Duran

26. Q UESTION 7: What license is found on this photo in Creative Commons on FlickR? Attribution No Derivative Attribution Non commercial Attribution Non commercial Share alike Attribution Non commercial No derivative Atti-la

27. Q UESTION 1: You are correct! It is considered illegal use to create multiple copies of a chapter in a textbook solely to avoid purchasing the textbook.

28. Q UESTION 1 Oops - try again! It is considered illegal use to create multiple copies of a chapter in a textbook solely to avoid purchasing the textbook. Review the Examples of Work Protected by Copyrights.Examples of Work Protected by Copyrights

29. Q UESTION 2 You are correct! It is considered a fair use act to make a single copy of several chapters in a textbook for research, teaching, or class preparation.

30. Q UESTION 2 Oops - try again! It is considered a fair use act to make a single copy of several chapters in a textbook for research, teaching, or class preparation. Review the Examples of Work Protected by Copyrights.Examples of Work Protected by Copyrights

31. Q UESTION 3 You are correct! It is considered an illegal act to make multiple copies of a motion picture film released by a movie studio that was bought at a video store.

32. Q UESTION 3 Oops - try again! It is considered a fair use act to make multiple copies of a newspaper article that has less than 500 words. Review the Examples of Work Protected by Copyrights.Examples of Work Protected by Copyrights

33. Q UESTION 4 You are correct! It is considered a valid exercise of the Fair Use Act to make a single copy of a short story to read to your class.

34. Q UESTION 4 Oops - try again! It is considered a valid exercise of the Fair Use Act to make a single copy of a short story to read to your class. Review the Examples of Work Protected by Copyrights.Examples of Work Protected by Copyrights

35. Q UESTION 5 You are correct! The is the Attribution and Non commercial icons. This license lets others 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.

36. Q UESTION 5 Oops - try again! This license lets others 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. Review the Creative Commons Licenses.Creative Commons Licenses

37. Q UESTION 6 You are correct! The is the Attribution, Non-commercial, and Share Alike icons. This license lets others remix, tweak, and build upon your work non- commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature.

38. Q UESTION 6 Oops - try again! This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. Review the Creative Commons Licenses.Creative Commons Licenses

39. Q UESTION 7 You are correct! The is the Attribution, Non-commercial, and No Derivatives icons. This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.

40. Q UESTION 7 Oops - try again! This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially. Review the Creative Commons Licenses.Creative Commons Licenses

41. R EFERENCES American University Center for Social Media. n.d. Code of Best Practices in Fair Use for Media Literacy Education. Retrieved on July 6, 2009 from http://online.education.ufl.edu/file.php/3208/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf http://online.education.ufl.edu/file.php/3208/05DigitalCitizen/CodeofBestPracticesinFairUse.pdf Creative Commons. n.d. A Shared Culture. Retrieved on July 6, 2009 from http://creativecommons.org/videos/a-shared-culture/ http://creativecommons.org/videos/a-shared-culture/ Fair Use of Copyright for Teachers. 1997. A Teacher's Guide to Fair Use and Copyright. Retrieved on July 6, 2009 from http://home.earthlink.net/~cnew/research.htm#Challenges%20for%20Educators http://home.earthlink.net/~cnew/research.htm#Challenges%20for%20Educators Keystone Central School District. n.d. Fair Use of Copyright in the K-12 Classroom. Retrieved on July 5, 2009 from http://www.kcsd.k12.pa.us/technology/copyright/index.htmlhttp://www.kcsd.k12.pa.us/technology/copyright/index.html U.S. Copyright Office. 2009. Copyright and Fair Use. Retrieved on July 6, 2009 from http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html