Based in part on The Code of Best Practices in Fair Use for Media Literacy Education. Edited version of a presentation given at the NICE (Northern Illinois Computing Educators) Conference in February, 2009.
“We’re changing what it would
mean to be a creator just at the time that technology is enabling anybody to be a creator. So, just when it matters most, the law steps in and destroys the opportunity...” — Prof. Lawrence Lessig
• The Media Education Lab
(Renee Hobbs, Temple University) • The Program on Information Justice and Intellectual Property (Peter Jaszi, Washington College of Law: American University) • The Center for Social Media (Patricia Aufderheide, School of Communication: American University)
• Action Coalition for Media
Education • Media Education Foundation • National Association for Media Literacy Education • National Council of Teachers of English • Visual Communication Studies Division of the International Communication Association
“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” (1; emphasis added).
“Educators know best what they
need to use of existing copyrighted culture to construct their own lessons and materials....Once they know, they can tell their lawyers and administrators” (15; emphasis added).
“The guidelines are negotiated resolutions
of conﬂicts regarding fair use, and yet they are often presented as standards to which one must adhere in order to remain within the law.” — Kenneth Crews “The Law of Fair Use and the Illusion of Fair-Use Guidelines”
these guidelines were "not intended
to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated [above] may nonetheless be permitted under the criterion of fair use."
“Rather than following a speciﬁc
formula, lawyers and judges decide whether an unlicensed use of copyrighted material is ‘fair’ according to the ‘rule of reason’” (6; emphasis added).
“But, if you choose, you
may...still claim fair use if your request is refused or ignored. In some cases, courts have found that asking permission and then being rejected has actually enhanced fair use claims” (16).
Best Practices 1. The use
of the copyrighted work is transformative. 2. The kind and the amount of the copyrighted work used is appropriate to accomplish the legitimate purpose. 3. The author of the copyrighted work is cited, whenever possible.