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Understanding of educational fair use and creative commons

Understanding of educational fair use and creative commons



Powerpoint explaining Educational Fair Use with Media Literacy and Creative Commons for a college class. EME5207

Powerpoint explaining Educational Fair Use with Media Literacy and Creative Commons for a college class. EME5207



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    Understanding of educational fair use and creative commons Understanding of educational fair use and creative commons Presentation Transcript

    • Understanding of Educational Fair Use* and Creative Commons
      EME 5207 Spring 2011
      Cristal Shay Nicola
      *Code of Best Practices In Fair Use for Media Literacy Education
    • Fair Use for Media Literacy
      The code of best practices helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use.
      Fair use is the right to use copyrighted material without permission or payment under some circumstances, especially when the cultural or social benefits of the use are predominant
    • What is Media Literacy?
      • Capacity to access, analyze, evaluate and communicate messages in a wide variety of forms
      • receptive and productive dimensions
      • critical analyses
      • in particular to mass media, popular culture and digital media
      • wide variety of contexts
      Most important to note about Media Literacy:
      • implicated everywhere one encounters information and entertainment content
      • can be taught and learned
    • Fair Use
      • Copyright protections to creative works in order to foster creation of culture
      • Protection of owners’ rights
      • Is one of the most important features of copyright law – that permits quotations from copyrighted works without permissions or payment under certain conditions
      • Lawyers and judges decide whether an unlicensed use of copyright material is “fair” according to a “rule of reason”, generates social or cultural benefits
      • Flexible
      4 factors to keep in mind about Fair Use:
      • The nature of the use
      • The nature of the work used
      • Extent of the use
      • Economic effect
    • Comes down to 2 KEY Questions:
      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?
      *purpose of the copyright
      To promote the advancement of knowledge through balancing the rights of the owners and the users
    • 5 Principles
      • The 5 principles represent the media literacy education and the community’s current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K–12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.
      • These principles apply to all media
      • These principles apply in institutional settings and to non-school-based programs
      • The principles concern the unlicensed fair use of copyrighted materials for education-not the way those materials were acquired
      • The principles are all subject to a “rule of proportionality”
      The 5 Principles
      Employing copyrighted material in media literacy lessons
      Employing copyrighted material sin 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
    • In Conclusion:
      • Fair use is situational
      • Context is critical
      • Fair use is a TOOL to balance the rights of the users with the rights of owners
      • Educators need to apply reason to reach a decision
    • What Fair Use is NOT
      • It is not a limit setter
      • It is not a guide to give you permission
      • It is not a list of rules
      • It is not a list of materials you can or cannot use
      Educators need to be leaders, not followers, in establishing best
      practices in fair use.
    • Creative Commons
      • Universal access to research
      • Education full participation in culture and driving a new era of development, growth and productivity
      • Creates a balance between the reality of the Internet and the reality of copyright laws
      • A “some rights reserved” approach to copyright
      Video: A Shared Culture
      Right click on link above and click “open hyperlink”
    • Creative Commons:
      • A shared culture
      • Gives the owner credit
      • The owner decides on how the materials can be usedthrough different licensing options
      Who uses Creative Commons?
      Al Jazeera
      Nine Inch Nails