2. RULES FOR FAIR USE
IN MEDIA LITERACY
10. Fair Use
“Fair Use is flexible; it is not unreliable.”
(Code of Best Practices)
Fair use is ability to use copyrighted
material without making payment or
asking for permission.
3. RULES FOR FAIR USE
IN MEDIA LITERACY
9. Code of Best Practices in
Fair Use for Media Literacy
Education
This code identifies five principles that
help guide educators through fair use.
- These principles apply to all forms of media.
- The 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.”
4. RULES FOR FAIR USE
IN MEDIA LITERACY
8. Principle 1
Employing Copyrighted Material in
Media Literacy Lessons
Educators do have the right to access copyrighted
material to build critical-thinking and communication
skills.
Limitation: Educators should only use what is necessary to achieve
the standard or educational goal.
5. RULES FOR FAIR USE
IN MEDIA LITERACY
7. Principle 2
Employing Copyrighted Material in Preparing
Curriculum Materials.
Educators can use copyrighted materials in planning their
curriculum. Books, workbooks, podcasts, websites and
other sources used for learning may be implemented.
Limitation: Educators should provide credit to quoted material and
only use what is necessary for the delivery of the content.
6. RULES FOR FAIR USE
IN MEDIA LITERACY
6. Principle 3
Sharing Media Literacy Curriculum Materials
Educators may certainly share materials at
conferences, workshops, meetings, etc.. that have
been useful and effective in the teaching process.
Limitation: Educators should only choose what is necessary to meet
the educational goals. You should only use a small portion or clip
of the work, instead of the entire work to deliver the content. If
you are promoting materials, you must gain permission.
7. RULES FOR FAIR USE
IN MEDIA LITERACY
5. Principle 4
Student Use of Copyrighted Materials in their
own Academic and Creative Work
Media productions can incorporate copyrighted material in
their classroom work.
Limitation: Students should not allow the copyrighted material to
replace their own creativity. The copyrighted material should
merely serve to assist the student through the process.
Students cannot rely on copyrighted work to establish the tone
of their project.
8. RULES FOR FAIR USE
IN MEDIA LITERACY
4. Principle 5
Developing Audiences for Student Work
Students should consider what audience would be best for
their work. Educators should assist students in
deciding whether to make their work public on the
Web or available to a certain sub-group, etc…
Limitation: Educators should examine, with the student, the
permissions process if work is shared publicly.
9. RULES FOR FAIR USE
IN MEDIA LITERACY
3. Four Factors Check
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#test
Copyright Law can have many gray areas. The following questions will help
guide you through certain situations:
1. What is the character of the use? (Nonprofit/Educational purposes or
for Commercial purposes?)
2. What is the nature of the work to be used? (Fact/Published versus
Imaginative/Unpublished)
3. How much of the work will be used? (Using a small amount of MORE?)
4. If this kind of use were widespread, what effect would it have on
the market for the original or for permissions? (Is it tipping towards
fair use? Is the original out of print or creator unidentifiable? Am I
taking away from the sales of the original or avoiding payment?)
10. RULES FOR FAIR USE
IN MEDIA LITERACY
2. Creative Commons
“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”
(www.creativecommons.com)
See next slide….
Note: Six minute video- press SPACE to continue to next slide.
11. RULES FOR FAIR USE
IN MEDIA LITERACY
www.creativecommons.com
-Attribution “Just give me credit for my work!”
-Attribution Share Alike “Give me credit and then license your new creation under the same
terms- allows for commercial use.”
-Attribution No Derivatives “You can pass this along, but keep it unchanged and give me credit-
allows for commercial use.”
-Attribution Non-Commercial “Make changes, etc.. and give me credit, but you don’t have to do
the same terms when you license yours- non-commercial use only”
-Attribution Non-Commercial Share Alike “You can make changes to my creation, but give
me credit and your new creation must follow the same terms- non commercial use only”
-Attribution Non-Commercial No Derivatives “Most restrictive- you can use or share my
work, but you can’t change it or use it commercially.”
12. RULES FOR FAIR USE
IN MEDIA LITERACY
1. Flickr
Flickr has teamed with Creative Commons to offer images
coded Creative Commons licensing. Users can decide
how they would like their images to be used by others.
By using an Advanced Search, users may select photos and/or videos
using Creative Commons-licensed content.
www.flickr.com
13. RULES FOR FAIR USE
IN MEDIA LITERACY
Thank you for tuning in!
www.mediaresearch.org
14. Resources:
Clipart:
www.creativecommons.com
www.flickr.com
www.mediaresearch.org
www.txt2pic.com
www.wikimedia.org
Other:
•Code of Best Practices in Fair Use for Media Literacy
http://online.education.ufl.edu/file.php/3164/05DigitalCitizen/CodeofBes
tPracticesinFairUse.pdf
•Creative Commons www.creativecommons.com
•Using the Four Factor Fare Use Test
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#test
•You Tube www.youtube.com