Friday, February 17, 2012

Code of Best Practices in Fair Use for Media Literacy

1.)What is the difference between Media in Education vs Media Literacy Education? "Media Literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms". It includes both receptive and productive dimensions, which encompass a critical analysis and communication skills. Media Literacy can be learned. (Media in Education)"Rather than transforming the media material in question, they use that content for essentially the same purposes for which it originally was intended—to instruct or to entertain". In most cases, of course, these uses of media will not have significant copyright implications, either because the content in question has been licensed or because it is covered by one of the specific exemptions for teachers.

2.)What social bargain is at the heart of Fair use? "Copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture". The cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain say that we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment.

3.)Why is Fair Use more important today? Fair use is more important because of our techonoligical advances. Many people must quote, cite and give credit for the information you find. If it were not for the advances in techonology fair use would not be quite as important today. Fair use is in wide and vigorous use today in many professional communities. Equally important is the example of commercial news media. "Fair use is healthy and vigorous in daily broadcast television news, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed."

4.)What are the two key questions judges use to determine Fair Use? Two of the key questions used by judges today to determine fair use is whether 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? The second question ask if the material was taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

5.)A teacher shows a movie of The Lion King and asks student to notice how the animals in the movie reflect racial stereotypes? Is this Fair Use? Why? It is fair use to show the movie and reflect on certain topics, i'm not positively sure whether racial stereotypes fits under the fair use principle.

6.)Which principle relates most strongly to the digital story you created in class? Explain. I believe my digital story fits under the Media in Education principle. I created my own story, while using pictures of me. I did however use a song that was created by another artist, which he was credited for.

7.)Are there limitations to the amount of pictures, length of music, or video that can be used in a multimedia project? There is no certain limitations, you must have permission to use certain material. You must also cite your work and be sure to give credit where credit is due.

8.)Do you need to request permission from the original creator in order to use copyrighted material in multimedia project for school related assignment? Not always do you need permission to copyright material. Although, if you choose to copyright you must cite where you gathered your material and give credit to those who created and published the work.

9.)Should educators try to change the policies in their school if they are not in line with Fair Use doctrine? I believe educators should do whats best for there school, students and community. If they are not in line with the Fair Use doctrine they should take a good look at it and choose whether to keep doing what they have been, or change some things and provide a positive outcome for everyone.

10.) What common myth about Fair Use surprised you the most? mYth: EMPLOYING FAIR USE IS TOO MUCH TROUBLE; I DON’T WANT TO FILL OUT ANY FORMS.
truth: Users who claim fair use simply use copyrighted works after making an
assessment of the particular situation—there’s nothing formal or official to “do” to
claim fair use. You do not have to ask permission or alert the copyright holder when
considering a use of materials that is protected by fair use. But, if you choose, you
may inquire about permissions and 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.
I did not completely understand the fair use until i read this myth, and found out the truth about it.

Cited: https://online.fairmontstate.edu/webct/urw/lc15057011.tp0/cobaltMainFrame.dowebct

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