The availability of information in the digital age
often leads to concern over copyrighted materials. The Copyright Act offers a means for
educators to use copyrighted materials for instructional purposes through the
provision of fair use. However, many
administrators are hesitant to allow their educators to use copyrighted
material for fear of infringement of copyright laws. The Code
of Best Practices in Fair Use for Media Literacy Education was developed by
a consortium of educational associations.
It discusses principles for the fair use of copyrighted materials and
myths of fair use.
One myth of the fair use provision is that it is too
unclear and complicated. However, the
guidelines are written broadly to allow educators to use their own judgment
regarding what is appropriate use. An
educator may only need to utilize a small portion of one copyrighted work for a
particular lesson but need an entire work for a different lesson.
Similarly, another myth involves the “rules of
thumb” for fair use guidance. I remember
receiving the annual copyright lesson at faculty meetings during which teachers
are reminded how much (or how little) of a copyrighted work they can use for
their lessons. According to the Code of Best Practices, these so called
“rules of thumb” are not entirely accurate.
These amounts, 400 words of text, 10 seconds of video, etc., are merely
suggestions. The fair use provision is a
“tool to balance the rights of users with the rights of owners.” It gives the educator the discretion to
decide how much of a copyrighted work is needed to meet the objective of
his/her lessons.
Another myth of fair use suggests that it is “too
much trouble.” Many individuals “don’t
want to fill out any forms,” although no forms are required before using
copyrighted works for educational purposes.
An individual who wishes to use a portion or all of a copyrighted work
does not need to ask permission in order to use the work for legitimate
purposes. He or she simply uses the
work. One may request permission from
the copyright holder, but permission is not required under the fair use
provision.
The use of copyrighted material provides an
opportunity to educate students regarding the ethical use of information. The Code
of Best Practices cites an example of using too much of a work: “A textbook author cannot quote large parts
of a competitor’s book merely to avoid the trouble of writing her own
exposition.” Unfortunately, I have seen
many students following this example. When
students are instructed to properly cite sources, many develop their own myth
that they can use all they want as long as they give credit. Students need to be taught to gather
information from multiple sources and write from their own understanding as
well as using some direct quotes.
As educators, we should use copyrighted works to
enhance our lessons. We should also model
digital citizenship by giving proper credit to the creator of the work and only
use what is necessary to achieve our lesson objectives. We need to continually promote the
responsible use of information.
Reference
Media Education Lab.
(2012). Code of best practices in fair use for media literacy education. Retrieved from http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
