What is all the mania with respect to copyright and the fair use of materials by educators and students? Before we take an in depth look at the best practices associated with the copyright doctrine of fair use with respect to media literacy, let’s first define what Media Literacy Education is? According to the reading Code of Best Practices in Fair use for Media Literacy Education, it is “the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. Media Literacy 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. It can occur in formal educational settings in both K-12 education and at the university level, as well as in nonprofit community-based programs” (SOC, 2012).
As a high school teacher, I am always referencing text, audiovisuals and digital material to convey a concept that I want my students to grasp. And as the reading suggested, instead of transforming the material, I use it in the manner in which it was intended – to instruct. Fortunately in doing so, I’m glad to know that I’m covered in Sections 110(1) and (2) of the Copyright Act. Therefore when examining the difference between media in education and media literacy education, in my opinion, there isn’t much difference, since both entities use the content copied to instruct or to entertain. Currently in the Media Literacy Education arena, there are five principles that guides the acceptable the use of copyrighted materials which are highlighted below.
PRINCIPLE ONE: Employing Copyrighted Material in Media Literacy Lessons –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. The only limitation is that educators must choose material that coincides with the topic or project at hand that is necessary to achieve the goal of the lesson (SOC, 2012)
DESCRIPTION: Educators use television news, advertising, movies, still images, newspapers and magazine articles, Web sites, video games, and other copyrighted material to build critical-thinking and communications skills (SOC, 2012)
PRINCIPLE TWO: Employing Copyrighted Material in Preparing Curriculum Materials-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. The only limitations are that cited work is credited and the material be used to obtain an educational goal (SOC, 2012).
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 (SOC, 2012).
PRINCIPLE THREE: Sharing Media Literacy Curriculum Materials –Educators should be allowed to share effective examples of teaching about media and meaning with one another, including lessons and resource materials. The limitation is that the materials shared must meet the educational objectives of the lesson (pg. 11)
DESCRIPTION: Media Literacy curriculum materials always include copyrighted content from mass media and popular culture (SOC, 2012).
PRINCIPLE FOUR: Student Use of Copyrighted Materials in Their Own Academic and Creative Work-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. The limitation is that students’ creativity should not be compromised with the use of copyrighted material (SOC, 2012)
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.
PRINCIPLE FIVE: Developing Audiences for Student Work-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. The limitation is that educators tend to make use of copyrighted work in a confined educational setting (SOC, 2012).
Along with these guiding principles are several myths discussed in the reading, but I will discuss my understanding of the Myth: Educators can rely on “Rules of Thumb” for Fair use Guidance. I was one of the educators who believed the myth that the rules were cut in dry with respect to copyrighting and only a percentage of someone’s work could be used. However after reading Code of Best Practices in Fair Use for Media Literacy Education, I have learned that educators are exempt in Sections 110(1) and (2) of the Copyright Act which allows us to use materials to first educate along with enhance a lesson or project objectives. I can understand how it’s difficult to limit what is used for a lesson, since each lesson objectives are different and one lesson may require more copyrighted materials than another. Yet as long as the materials are used are to strengthen a lesson, than it can encourage people to be critical thinkers and effective communicators in today’s society. The more knowledge we are surrounded with, the opportunities we as humans have to grow as critical thinkers. Media literacy education can truly change a generation, if there is an understanding of fair use, especially in the educational arena.
Often times, we as educators limit “ourselves” in the materials we use because we don’t have a clear understanding of media literacy. However, it is up to the Media Specialist to bring awareness to teachers and students on how copyrighted material can be beneficial “if” used in the context for which intended. We cannot take material in abundance and change it from its intended use nor can we use so much of it that it takes the creativity away from the student. There must be a balance between the person whose materials is being used and the person/educator using it. In closing, educators must use reasoning to determine how much is needed for instructional purposes to establish the goal/objective of the lesson.
When I referenced Atlanta Public Schools E-board Policy under Instructional Media Resources (Descriptor Code: IFBC) it states: Adherence to copyright law (Public Law 94-553 and its amendments).
REFERENCE
Center for Social Media. (2012). Code of best practices in fair use for media literacy education. Retrieved March 15, 2012, from http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0literacy-education-0.
Tricia McCoy
Thanks for including the principles and descriptions. I have never seen the ways in which copyright law applies to educators expressed so clearly and succinctly. I was like you in believing that what we could use was constrained by the amount of the work that could be used. Even my media specialist had not expressed it so clearly. the important point for educators is to be sure that you are using the material in a manner that enhances learning. Many times I am afraid that teachers use material to supplement learning, but not in a way that really enhances learning. When I worked in second grade, teachers showed videos of material they had already taught as rewards. This does not constitute a crucial learning enhancement.
ReplyDeleteYour blog was full of useful information including the five principles that guides the acceptable the use of copyrighted materials. It gave me a better understanding of the policy and what can and cannot be used. Sometimes as teachers, we want to use certain things to enhance our lesson but always have that little voice asking us if we are sure it's OK. You have provided a lot of answers to those questions.
ReplyDeleteYou said it best when you stated that.... " Often times educators limit "ourselves" in the materials we use because we don't have a claer understanding of media literacy. However, it is up to the Media Specialist to bring awareness to teachers and students on how copyrighted materials can be beneficial "if" used in the context for which intended.
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ReplyDeleteThank you for posting such valuable information about the fair use policy. There are so many gray areas that it is almost scary to try and teach by incorporating copyrighted materials into technology. Your example of scanning books into PowerPoint presentations happens often at my school, and it concerns me as well to use these materials. I also seen games from teaching resource books scanned as PDF files so that the teacher can print multiple copies. Even though we can claim "fair use" it is still a gray area that will always concern me. I know that as the school media specialist, we should be knowledgeable and have the most up-to-date information concerning copyright policies and laws, but this also worries me. I worry that if someone from my school is breaking copyright codes and laws...does this affect me as a professional since I am supposed to be the "go-to" person for this topic? Scary to think that we are responsible for the copyright ethics of our school faculty...