Code of Best Practices -- Fair Use

[Dan Storchan]

The Center for Social Media in the School of Communication at American University in conjunction with the Program on Information, Justice and Intellectual Property, and the Media Education Lab, recently released The Code of Best Practices in Fair Use for Media Literacy Education. This is an important document that will help educators feel more confident using copyrighted material in the classroom.

I just posted a blog taking a closer look, and welcome your comments and feedback.

What are your thoughts on using copyrighted material in the classroom?

[Janet Fash]

I came across the Fair Use code and read parts of it. Maybe you can clarify for me if student projects are broadcast on a pubic access channel under the heading education is there the same wider latitude that seems to be given to works on the internet.I teach media literacy and television Production and I actually felt after reading the Code of Best Practices in Fair Use for Media Literacy Education that there might be more freedom for educators then I originally thought. For classroom use it seems like the world is at our fingertips. However, for me , I'm still not sure that "broadcasting" copyrighted material w/o permission is acceptable. Throughout the school year our school broadcasts student produced work on the pubic access channel and uses (copyright free) purchased licensed music . After reading the Code, as I understand it, if copyrighted work is utilized and properly given attribution, you may use it in the educational setting . I am feeling more at ease in the classroom setting using a wide range of resources. However, if something is going to be broadcast, I personally still feel uncomfortable and would not use copyrighted material without permission. Meanwhile getting permission is sometimes difficult and unsuccessful. I remember wanting to use some insert video from the Oprah Winfrey show (of someone who was a guest at our school and who appeared on the Oprah Winfrey show) and despite several attempts could not receive the proper permission. That was over 5 years ago. So the question still in my mind is : Can copyrighted material be used in student videos and posted on the internet yet if the same video is broadcast over the airwaves are the rules different? After reading parts of the Fair Use Doctrine it seems like if the copyrighted material is used as part of a story then there is no copyright infringement.

[Dan Storchan]

Hi Janet. It sounds like you are doing some really interesting/innovative work at your school. You said: "Can copyrighted material be used in student videos and posted on the internet yet if the same video is broadcast over the airwaves are the rules different?"

My understanding is that comes down to the "transformative" nature of the media being produced. According to the code of best practices learners can: "1)Use copyrighted works in creating new material; 2) distribute their works digitally if they meet the tranformativeness standard."

With that said, content creators can still file a lawsuit for copyright infringement. However, the code "discourages copyright owners from threatening or bringing lawsuits". So like you, I always push students and teachers I work with to use public domain or royalty free material. One of my favorite sites for background music for podcasts is FreePlay Music. But the code helps me feel much more confident about allowing students to use a CNN or Oprah clip to move their productions forward.

I would also definitely check out the Curriculum Resources section set up by the Temple University Media Education Lab. They have some fantastic lessons, case studies, and much more. Good luck with all your endeavors.

[Janet Fash]

Dan:

Thanks for the Curriculum Link for Temple University Media Education Lab. My students are in the midst of creating video public service announcements and I have stressed original works - the lessons will really help. I contacted FreePlay Music last year regarding "broadcasting" their music and for broadcast music there is a fee. I have used it in the classroom for the student's in-house productions.

Thanks for your help.

Happy New Year.