1. What is the difference between Media in Education vs Media Literacy Education
An example of media in education is the showing of a film in class, either as a reward or simply to be educational. Since the intended nature of the work is not being tampered with one does not have to worry about copyright too much. Media Literacy Education is the study of different images, sounds, music, graphic designs, and language that are all used to convey a message. When one is using Meida Literacy Education they need to have a clear understading of Fair Use or they might find themselves breaking copyright laws.
2. What social bargain is at the heart of Fair use?
"The bargain is this: 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, in some circumstances" (Center for social, 5). In other words the social bargain is always striving to enhance our culture by allowing works to be created and copyrighted and other works to be created using copyrighted material.
3. Why is Fair Use more important today?
Copyright has begun protecting work for longer periods of time, and receiving a license that allows you to use coypyrighted material is becoming more difficult and more expencive to obtain causing Fair Use to be even more important today.
4. What are the two key questions judges use to determine Fair Use?
"...judges return again and again to two 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" (Center for social, 6)? In most cases the judge is looking to ensure that the copyrighted material has not been changed when in use of the person in question of the crime, and the judge wants to ensure the work has not been taken in an inappropriate manner.
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?
"...taking all the facts and circumstances into account to decide if an unlicensed use of copyrighted material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner" (Center for social, 6).
In my opinion this quote suggests that what this teacher has done does fall under fair use; however, if one were to refer above to the quote in question number 4 the use of this video does not necessarily fall under fair use. A lawyer could argue that the use of this video does not fall under fair use, because the movie was used to show stereotypes something not directly addressed and not necessarily intended by the makers of the movie. However, using this video as an example of stereotypes could be considered culturally beneficially to the children watching the movie, making this use of The Lion King fall under fair use.
6. Which principle relates most strongly to the digital story you created in class? Explain.
Principle 5: Developing Audiences for Students Works most strongly relates to our digital stories, since we posted our stories on YouTube after they were completed. Our digital stories were created to reproduce cultural media and therefore falls under principle 5.
7. Are there limitations to the amount of pictures, length of music, or video that can be used in a multimedia project?
"...there are no cut-and-dried rules" the second myth on page 15 states that there are no actually rules limiting the amount of pictures, length or music, or video that can be used in a multimedia project. Educators need to use some reason when determining how much work should be their own and how much work should be that of a copyrighted work. Furthermore, one has to ensure that they are incorporating pictures, music, or video in a way that falls under fair use and the copyright holder is attributed whenever possible.
8. Do you need to request permission from the original creator in order to use copyrighted material in multimedia project for school related assignment?
As long as you are following fair use and giving credit to the copyright holder you should not have to receive permission from the original creator.
9. Should educators try to change the policies in their school if they are not in line with Fair Use doctrine?
I think they should consider trying to change the policies in their school if they are not following fair use. If you understand fair use and are comfortable applying the rules than as a teacher you should strive to ensure all your colleagues understand and apply the rules accordingly. If a school is to easy going when dealing with fair use law they are on their way to getting in trouble by copyright holders and this would look poorly on all the teachers. Also if a school is to strict on fair use that could make your job as an educator very difficult. Rules that are too restricting can really make it hard for your students to do any multimedia project without tons of extra work trying to contact a copyright holder.
10. What common myth about Fair Use surprised you the most?
"Fair Use Could Get Me Sued," is the myth that surprised me the most. As I was reading this I began worrying that if I do not learn Fair Use properly I could end up in court. However, I am glad to know that normally the copyright holder will only send a '"cease and desist"' letter prior to any legal actions and legal actions usually do not occur.
I believe the digital story I created falls under Fair Use. Most of the images I used were my own pictures, and the picture I used that were not my own were cited at the end of my story. The only element of my story that worries me is the music. The music I used was on my computer and I did not cite the music; however, I did not alter the music in any way and the mood I was conveying with the music in the video was not different from the mood the music was already conveying. Also I did not just rely on the music to create the mood I wanted.
Center for Social Media. Code of best practices in fair use for media literacy in education. Retrieved from http://mediaeducationlab.com/sites/mediaeducationlab.com/files/CodeofBestPracticesinFairUse_0.pdf
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