hobbs, media literacy, artistic expression and copyright ala

Media Literacy, Artistic Expression and

Copyright

This project is supported by a grant from the John D. and Catherine T. MacArthur Foundation.

Renee HobbsTemple University

2008 American Library Association Conference Anaheim CA

June 29, 2008

Media Literacy

is an Expanded Conceptualization of Literacy

…the ability to access, analyze,

evaluate and communicate messages

in a wide variety of forms.

--Aspen Institute Leadership Forum on

Media Literacy, Washington DC (1993)

Media Literacy Educators Depend on the Ability to Use Mass Media and Popular Culture

The purpose of media literacy education is to help

individuals of all ages develop the habits of inquiry and skills of expression that

they need to be critical thinkers, effective

communicators and

active citizens in today’s world.

--Core Principles of Media Literacy Education, AMLA, St. Louis (2007)

Media Literacy is Literacy for the Information Age

Listening -- Speaking

Reading -- Writing

Critical Viewing – Creating Messages

Literacy is the sharing of meaning through symbolic forms

Critical Analysis of Mass Media and Popular Culture

Composing Messages using Media and Technology Tools

Composing Messages using Media and Technology Tools

Media Literacy Educators Depend on the Ability to Use Mass Media and Popular Culture

Copyright Owners are Shaping Educational Discourse about Copyright

MEDIA INDUSTRY THEMES:

Sharing = Stealing

Relying on Fair Use is Too Risky

Respect Authors = Always Get Permissions

Gillespie, T. (2008). Characterizing Copyright in the Classroom: The Cultural Work of Anti-Piracy Campaigns. International Communication Association Conference, Montreal. May 25.

From the Recording Industry Association of America (RIAA)

Copyright Confusion Hurts the Quality of Teaching and Learning

CONFUSION RESULTS IN:

Less effective teaching materials

Distribution hurdles Misinformation

perpetuated Watch Our You Tube Video

The Purpose of Copyright

Copyright law is designed to balance rights of users with the rights of owners by encouraging widespread and flexible use of cultural products for the purposes of education and the advancement of knowledge.

Our Goal: Identify Fair Use Norms within the Practice Community Intensive interviews with 63 educators Half-day meetings with 150 educators in

10 cities nationwide K-12 communication, journalism, English and social

studies teachers K-12 and college library media specialists and

technology integration specialists College faculty in media studies and education Youth media practitioners in non-profit organizations

Process: Finding Consensus about What’s Fair Discussion of scenarios of common educational

practices: Teachers’ use of copyrighted materials for teaching

media literacy Use of copyrighted materials in research, curriculum

and multimedia materials development Students’ use of copyrighted materials in

media production and creative composition activities

The Results: Fair Use Applies to Core Instructional Practices1. EMPLOYING COPYRIGHTED MATERIAL TO ILLUSTRATE

MEDIA EDUCATION LESSONS IN TEACHING SITUATIONS

2. EMPLOYING COPYRIGHTED MATERIAL IN DEVELOPING CURRICULUM MATERIALS FOR MEDIA EDUCATION

3. SHARING EDUCATORS’ MEDIA LITERACY CURRICULUM MATERIALS

4. ENCOURAGING LEARNERS TO CREATE MESSAGES THAT INCORPORATE, MODIFY AND REPRESENT COPYRIGHTED MATERIALS IN TRANSFORMATIVE WAYS

5. DEVELOPING AUDIENCE FOR LEARNER WORK

Fair Use: Transformative Use Adds value to the copyrighted material Employs it for a purpose different from that

for which it was originally intended Can involve modifying material or putting

material into a new context

Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

An Example of Transformative Use

The purpose of the original: To generate publicity for a concert.

The purpose of the new work: To document and illustrate the concert events in historical context.

An Example of Transformative Use

The purpose of the original: to entertain

The purpose of the new work:

(1) to strengthen students’ communication and critical thinking skills

(2) to inform and comment on media violence in contemporary society

Statement of Best Practices

for Fair Use in Media Education

POTENTIAL SIGNATORIES: National Association for Media Literacy Education

(formerly AMLA) National Council of Teachers of English (NCTE) Media

Commission Student Television Network (STN) International Communication Association (ICA) Visual

Communication Division Action Coalition for Media Education International Visual Literacy Association ALA, ACRL, AASL, others?

Why a Statement can Make A Difference

Teaching Tool. Developing consensus about the application of fair use within a practice community can reduce copyright confusion.

Norm Defining. A Statement of Best Practices will be important to the courts in the event of a legal challenge to the practice of media literacy education.

Advocacy. Media educators can play an important role in expanding the concept of user rights, including helping to improve school district policies about copyright and fair use.

“Only people can make the necessary sophisticated judgment when

determining fair use. Fair use was designed to be ambiguous and

flexible… Use it or lose it!”

--Carrie RussellComplete Copyright (2004)

Office for Information Technology PolicyAmerican Library Association

For More Information:Renee HobbsMedia Education LabTemple UniversitySchool of Communications and TheaterRenee.hobbs@temple.edu

On the Web:

Center for Social Media

www.centerforsocialmedia.org/medialiteracy

www.mediaeducationlab.com