Spotlight on Digital Media And Learning

11.24.08 | Thanks to a coordinated effort by the media literacy community, teachers and students have a guide that simplifies the legalities of using copyrighted materials as a part of the process of building students’ critical thinking and communication skills: The Code of Best Practices in Fair Use for Media Literacy Education.

The document helps educators interpret the copyright doctrine of fair use as it applies to the practice of media literacy education. Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant. The guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K–12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.

The Code of Best Practices in Fair Use for Media Literacy Education outlines five principles, each with limitations. Educators can, under some circumstances, make copies of newspaper articles, TV shows, and other copyrighted works, and use them and keep them for educational use. They can create curriculum materials and scholarship with copyrighted materials embedded. They can share, sell and distribute curriculum materials with copyrighted materials embedded. Learners can under some circumstances use copyrighted works in creating new material and distribute their works digitally.

Curriculum materials, including lesson plans, video case studies and “Schoolhouse Rock” style music videos help educators teach about fair use.

The code was developed by the National Association for Media Literacy Education, the Action Coalition for Media Education, the National Council of Teachers of English, the Visual Communication Studies Division of the International Communication Association, and endorsed by the Media Education Foundation. The code was facilitated by myself and Peter Jaszi and Patricia Aufderheide of American University.