Fair Use Doctrine for Media Literacy Teachers

Code of Best Practices for Using Copyright Works in Teaching

Jan 17, 2009

Media Literacy teachers and students often use copyright protected works in lessons. Five guidelines for fair use determine what can be used and how.

These five principles help a teacher determine if the amount and type of materials used in class constitute fair use. The principles apply to education in schools, universities, clubs, after-school programs, and churches. In short, they apply to teaching, whether it is in an institutional setting or a community setting.

A short synopsis of the principles is presented in this article. All forms of media, whether they are print, audio, visual, web-based, or any other form are covered under these principles.

Using Copyright Material in Media Literacy Lesson Presentations

Media may be used in a classroom to develop critical thinking through compare and contrast activities, by deconstructing the work, or by illustrating significant historic or social concepts. Whichever goal the teacher has for the lesson, the piece should be used only to the extent needed to achieve that goal. In addition, proper citations must be made for the materials presented.

Using Copyright Material in Developing Curriculum

Again, media may be used when developing curriculum and lesson plans. Care should be taken to ensure that proper attribution is given to the creator of the material. The professional judgment of the educator and professional standards for curriculum and assessment should guide how much of the material is used in these cases.

Sharing Media Literacy Curriculum

Educators routinely share materials, lesson plans, and strategies for teaching as part of professional growth and development. In media literacy, many of these materials are based on copyright works. When creating content for curriculum, care should be given to use primary sources, only what is needed to achieve the learning goal, and give proper citations for the sources.

Student Use of Copyright Material

Students create works in various types of media as a way of learning media literacy. This practice enables them to develop knowledge of the techniques used by advertisers and media professionals today. This is an integral part of media education.

When students use copyright material, the same principles apply as for educators. They should include only the portion of the work needed to achieve the goal, proper attribution, and evidence of why this piece is needed to achieve the learning goal. This process can also be a lesson in fair use doctrine.

Audiences for Student Work

If the audience for student work is limited to the classroom or school-based function, it might be considered fair use, under the reasoning of the “Four Factors.” If the work will be spread to a wider audience, then the teacher should ensure that the students follow the permission process that applies in the professional world.

Special attention should be given to licensing and copyright law, privacy, and public domain. Students should also consider the ethical and social implications of their work.

Educators are also leaders. In the field of media literacy, educators must set the example of proper understanding of fair use and copyright law. By sharing the correct use of copyright protected materials, students can become media literacy advocates in society.

The copyright of the article Fair Use Doctrine for Media Literacy Teachers in Teaching Media Literacy is owned by Suzanne Pitner. Permission to republish Fair Use Doctrine for Media Literacy Teachers in print or online must be granted by the author in writing.