MYTH: FAIR USE COULD GET ME SUED.

Truth: That’s very, very unlikely. We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process. Before even considering a lawsuit, a copyright owner typically will take the cheap and easy step of sending a “cease and desist” letter, sometimes leading the recipient to think that she is being sued rather than just threatened. An aggressive tone does not necessarily mean that the claims are legitimate or that a lawsuit will be filed.

What the heck is fair use??

Fair Use is codified in U.S. Copyright law at 17 U.S.C. § 107. It states that the Fair Use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. (Meaning the right to use copyrighted material without paying or needing permission).

Now read the text in red one more time…your use must be for “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”

A court will then consider the following four factors to determine if your use is a fair use:

•                the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

•                the nature of the copyrighted work;

•                the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

•                the effect of the use upon the potential market for or value of the copyrighted work.

If your use falls into one of the categories AND you are able to prevail factually on at least two of the four second-prong factors, you might succeed in proving that your use is fair and thus not copyright infringement.

Because there is a sizable gray area in which fair use may or may not apply, there is never a guarantee that your use will qualify as a fair use. The fair use doctrine has been described as a murky concept in which it is often difficult to separate the lawful from the unlawful.

References

How I Learned to Love FAIR USE…. (2003, July 6). Retrieved February 25, 2015, from http://fairuse.stanford.edu/2003/07/06/how_i_learned_to_love_fair_use/

(n.d.). Retrieved February 25, 2015, from http://mediaeducationlab.com/sites/mediaeducationlab.com/files/CodeofBestPracticesinFairUse_0.pdf

"Demythifying" Fair Use: Breaking Apart Commonly Held Myths About Fair Use and Copyright Infringement in the Classroom

     For this blog post, I was instructed to examine some of the commonly held myths regarding Copyright and Fair Use in the classroom. After reviewing the list of myths and the facts that debunk them, I decided to shine a light on three in particular, as I feel they are the most commonly feared myths. They are as follows:

MYTHS

(From The Code of Best Practices in Fair Use for Media Literacy Education)

1. Fair use could get me sued.
2. Employing fair use is too much trouble; I don't want to fill out any forms.
3. Fair use is too unclear and complicated for me; it's better left to lawyers and administrators. 

     While all myths regarding fair use are important, these three in particular need to be addressed further. I am sure that I am not the only one who has had at least one of these thoughts when I go to incorporate an outside element into a lesson (i.e. a movie clip, a picture, a quote, etc.). However, thanks to the Copyright Act and the fair use section, teachers are basically covered. Now, does this mean you need to go out and start circulating illegal copies of your DVD collection? No. No it does not. Does this mean that you can quote an author verbatim without any sort of citation and pass the work of as your own? The answer again is no. Don't do that. Let's look at it this way.

     We as teachers have a right to teach our students as much as we can in the limited amount of time we have to teach them. We have almost unlimited access to hundreds of thousands of resources that can help us achieve our goal of providing every student with the best education possible. That being said, when it comes to incorporating these elements into our lessons, we have some leeway. Because we are using these items in the classroom for students, we are covered by the elements found in the fair use section of the Copyright Act (which can be found here). There are some restrictions and you should examine the fair use document or this work if you find yourself in a questionable situation. 

     Now, regarding the myths that brought us here in the first place. 

Myth #1: Fair use could get me sued.

     It seems like this day and age has seen more and more copyright infringement lawsuits (see this example or this one). However, a quick google search posed no results of teachers in recent history being sued for copyright infringement. And (based on my reading*) the reason is two-fold: firstly, lawsuits and lawyers are very expensive. As the CBPFUMLE notes, paper is cheap. The point? It is much more economical for companies or individuals who fear their material is being misused to send a letter asking the offending party to cease using the material in this manner. Now, if you fail to adhere to said letter, then yes, you could very well be sued, but only because you did not stop using the material in an inappropriate manner. The second reason is that the fair use clause of the Copyright Act is a big supporter of using information in the classroom setting, and it is not shy about it. Therefore, you can use this clause to your advantage. All you have to do is read up a bit and find a section that allows for your use of the material in the classroom. 

Myth #2: Employing fair use is too much trouble; I don't want to fill out any forms.

     Well good, because as it turns out you do not have to fill out any forms. All you have to do is use the material. That's it. I know it sounds too good to be true, but it is. If you feel unsure of this, you are allowed to ask the higher powers for permission. And know that if you are rejected in your quest for permission, you can rebel. Join the Darkside and use the material without permission. And guess what? You will still be covered by the fair use clause. Now, this does not mean go out and do something you know to be illegal. You won't be covered by fair use. I repeat, you will not be covered by fair use. Just make smart decisions and when in doubt, check fair use.

Myth #3: Fair use is too unclear and complicated for me; it's better left to lawyers and administrators.  

    This is probably my favorite busted myth out of the three I chose. Fair use exists for everyone, especially teachers. The terminology is broad to allow for interpretation, which in turn allows teachers to use materials seemingly without restriction, save those mandated by copyright laws. Because of this, it can be argued that an instructor is not infringing on copyrighted material because they can cite fair use for their inclusion of the material in their lesson. The writers of this work are emphatic about teachers becoming leaders rather than followers in this particular area, as we are the ones for whom fair use is most beneficial. 

Here is what Frederica Academy does for students and parents with regard to copyright and fair use:

And the link for the website can be accessed here. 

*Notice: any and everything I say regarding fair use and the Copyright Act hereafter is my interpretation of the text Dr. Cooper suggested we read. While I consider myself to be of average intelligence, I still recommend you read and provide your own interpretation of the work before setting out on your next fair use adventure! Here is a link to the text for your convenience. 

N. Allen Blog 4: Video Distribution Systems

Nikole Allen

Blog 4: video distribution systems, Georgia Public Broadcasting education resources, school TV news

My only experience with a video distribution system at school is as a student.  I remember seeing Channel One in middle school and watching our morning announcements on video in high school.  Several years ago, the county began updating schools so that we were wifi accessible.  The media specialist then inquired about wiring our school so that we could utilize a video distribution system.  At that time, she was told that our school was too old for rewiring and the discussion was never brought up again.  So I have to hands-on experience with a video distribution system, but I do believe that it adds a valuable learning experiences for students.

For another course here at West Georgia, I interviewed an exemplary media specialist from Cobb County named Ms. Kenworthy.  She facilitated the morning announcements at her elementary school, using the video distribution system.  She gave me a brief overview of how students did the daily announcements live each day for their school.  They used a computer, camera, and even had a green screen to use for their production. 

I’ve mostly seen the video distribution systems used for announcements, the school can use it other ways.  In A New Delivery Method in School Counseling: Closed-circuit Television, researchers used the tv systems to give students a counseling session.  Students could also create special projects to be viewed over the system as well. 

I also looked at www.schoolvideonews.com to see examples of how schools utilize video distribution systems.  There are lesson ideas and content help for teachers, tips for students and links to grants that can help fund production projects.  The profiles of individual schools gives great ideas about starting a school news program, what type of equipment is used and processes for production.  You can see examples of programs these schools have produced as well.  It’s quite helpful for those that are new to video distribution systems.  Some of the best pieces of advice I found were:

·         Start with what you have, grow as you go.  Some schools don’t have the ability to go live, so the programs are taped and shared on the schools’ shared drive.  (This could work with my school)

·         Allow experienced students to train newer students.

·         Utilize grants to help fund your projects.

·         Don’t be afraid to make mistakes, have fun!

·         Allow lots of student input.  They should feel a sense of ownership over the productions. 

Our school has never promoted using Georgia Public Broadcasting Resources.  I was surprised to find so many resources for teachers.  But much of what is offered is being used in the school.  Primary students in my school know and can type the pbskids.org address on their own.  Many of the student videos are accessible through that address. 

Our district has a paid subscription to united streaming, so it is often used in the classroom.   Most teacher utilize the videos, but I took some time to look through other resources I hadn’t paid much attention to.  I especially enjoyed the following:

·         Board Builder- You can create an interactive presentation using text, photos, videos and audio.

·         Belk Service Learning Challenge- This wasn’t applicable to my students, but there was a video project that students can compete in to win scholarships and teachers could win a free trip to the iste conference.  Opportunities like these are great for students.

·         Professional Development- Provides teachers access to webinars on a variety of topics.

·         Teacher Center- Has curriculum resources. 

Social Networking in Education

          There is one thing of which I was certain before I ever read any articles on social networking, and it is that social networking is here to stay.  I absolutely think it has a place in education and in schools.  Our challenge in terms of using social networking sites as educators is educating ourselves and our students on safety and etiquette in the digital world.  Students are going to enter a work force that is globally connected through the use of the internet, and they must be ready to tackle that world with experience and confidence.  What better place to try, fail, learn, and succeed than in the safe environment of school?  The stakes are high for students in terms of grades, but the stakes are even higher for young professionals trying to forge a path in his or her career. 

Educators have a unique opportunity to prepare students for the 21^st Century in authentic ways.  As early as Kindergarten, students can begin navigating the safe world of the Destiny OPAC to recommend books to other readers.  Blogs, wikis, and virtual classrooms can be used to allow students in upper elementary, middle, and high schools to share, collaborate, and create. 

Currently, my system filters some social networking sites like Facebook.  However, there are other sites like Edmodo that are allowed.  Edmodo looks and feels like Facebook, and it is a safe environment created and monitored by the teacher or media specialist.  Students can create and respond to posts, as well as upload documents to the teacher.  The teacher is able to provide feedback on the document and send it back to the student.  My system also allows Twitter.  By linking a Twitter feed to a LMC or teacher web page, students can respond to tweets, be alerted to upcoming assignments or events, and create an online school community that fosters a sense of ownership and pride.  Either one of these forums would be beneficial in a flipped classroom.  After students complete readings of texts and make preparations for class the next day, they could post or tweet thoughts, questions, or responses to classmates or teachers.  For a fun and optional social networking tool, I chose to use Instagram with my middle school students.  I don’t require it, but I invite them to follow me for updates, reminders, and words of encouragement. 

Educators are also challenged to keep up with the ever-changing and evolving digital sites and tools.  I think it is best to keep it simple.  If the LMS or teacher is trying to manage Twitter, Edmodo, Instagram, a school web page, a blog, and a wiki, then something is going to fall short of being the amazing tool it has the potential to become.  Choose one form of social networking that meets all, or most, of your needs.  Train the students how to use it, and require them to use it so they become proficient at it.  Introduce other formats periodically to students so that they know about the latest and greatest 2.0 applications, but don’t kill yourself trying to be the “Web 2.0 Master”. 

Yes, social networking is here to stay.  It connects us locally and globally.  We use it to collaborate, discuss, review, share, and create.  The power of social networking can change policies, start grass roots campaigns, and ignite passions for a better world.  This is what our students are facing, and they must be prepared.  Having said that, it is imperative that we also do a thorough job of educating students about online safety.  This includes discussing safety with any internet sites, not just social networking sites used for educational purposes. 

So post, tweet, follow, share, and hashtag all you want!  Just remember, that if you don’t know how to use one of these sites, chances are your students can teach you!

Sites to browse:

Latest and greatest:

http://www.educatorstechnology.com/

http://www.educatorstechnology.com/2012/12/social-networking-sites-teachers.html

http://www.educatorstechnology.com/2012/05/teachers-comprehensive-guide-to-use-of.html

Safety:

http://personalweb.about.com/od/makefriendsonfacebook/a/faceteenprivacy.htm

https://www.staysafeonline.org/stay-safe-online/protect-your-personal-information/social-networks

http://www.usa.gov/topics/science/communications/internet/social-networks.shtml

Should Library Media Specialists use Social Media?

So many kids these days walk around with handheld devices in their hands and they depend on social networking for so much.   I really don’t see this trend going away any time soon.  As a media specialist should we just sit in our libraries and just hope the students stop by when their batteries die and they have nothing else to do?  That’s probably not a good idea.  We would get lonely and we would be missing an opportunity to meet these kids where they are.  If we can start thinking of our libraries as places without walls, then we can reach out to students instead of waiting on them to come to us.  And social media is a good place to start.

So how can we incorporate social media into our libraries?

• ·     Speak their language.  Jump on the current social media apps or websites and create library accounts like on Twitter or Facebook.  This way we are interacting with them in their environment.  Plus it’s a fast way to communicate with them.  One of our high schools has a Twitter feed that updates students on all things going on in the media center.
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• ·     Show them the library.  Take pictures of the library and show them on sites like Flickr and Instagram to highlight that the media center is a cool place to visit.  Post videos using a Podcast that gives an orientation of the library showing all the services we offer.
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• ·     Assessment.  Use Survey Monkey to gather anonymous feedback to see what patrons think and want from their media center.
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• ·     Repackage information.  Instead of students having to come to the library to research, add tools to our webpages so students can search the catalog on their own device.  We can also provide links to online reference tools on our website as well.  Some other great tools are blogs and message boards to help answer questions for students.
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• ·     Event promotions.  Interactive calendars, evites, tweets, or Facebook posts can be used to promote book fairs, classes, or workshops.  At our school we use Facebook to advertise our book fair.
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• ·     Outreach. Using social media we can reach out to students instead of telling them to call or email us if they have questions.  This goes back to meeting them where they are.
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• ·     Educating Patrons. Instead of blocking all the social media sites, use this as an opportunity to educate them on the dangers out there on the web.  We can educate parents too.
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• ·     Word of Mouth.  Is we do a reputable job on social media then students will spread the word for us.

      It is up to us to stay current with the trends so that we can be a valuable resource for our patrons and if social media is a way to reach out to students then I think we should get on board.

 

      Resource

      Courtney, N. (2007). Online Social Networking. In Library 2.0 and beyond: Innovative technologies             and tomorrow's user (pp. 81-84). Westport, Conn.: Libraries Unlimited.

Web Pages for the School Library Media Center

     When contemplating the creation of a website, for business or leisure, one typically does not expend much thought into the process. Thousands of websites are in existence that make the entire process almost effortless. However, that is not the case for library media specialists. What should probably be one of the simplest aspects of the library media center, is in fact one of the more tedious tasks overseen by the LMS. Along with choosing a preferred software, LMS's must also monitor the content included on the website, determining just what their school, students, and teachers require when unable to access the physical LMC. Furthermore, LMS's should monitor their site and ensure that it is up-to-date with regard to links, content, and maintenance.

     One of the most important aspects to consider when designing a website for the LMS is the overall target audience: the students. While the teachers also fall under the audience umbrella, the ultimate goal for the LMC website is to become a resource for students when they are not able to access their physical library media center and provide them with the information they need when we (the library media specialists) cannot be there to guide them to what they require. Like the LMC, the website needs to be a space that draws students in and keeps them coming back for more. There are several ways to accomplish this goal, such as including calendars, lunch menus, and sports scores on the homepage of the site, links to popular books, informational websites, and social media sites related to the media center (such as YouTube, Facebook, Twitter, Instagram, etc.), or even including an area for book discussions. It needs to be an environment that is welcoming to students as well as one that they  can feel comfortable using.

     Another consideration for the LMC website is the provider. As previously mentioned, there are literally thousands of different sites willing to offer their website creating services. A variety of services exists through each vendor, and there are those that require subscriptions while others (Weebly, Google, etc.) allow you to work with a number of their tools, free of charge. What it comes down to in the end is your decision as an LMS after careful consideration over what your school needs and what your budget can afford. As long as you are able to connect with your students and teachers that is all that truly matters.

     Some other important factors to consider when creating your website for the Library Media Center are:

• Parental audience - include an area where they are able to interact with the media specialist and learn about special events held in the media center.

• Special events and volunteer services - recruit parents to the cause that is your media center by posting a schedule of upcoming events as well as a list of volunteer duties.

• Maintenance - consider developing a small team to assist you in maintaining your school website, especially if you are quite busy throughout the week and have very little time to check on the status of the LMC website. Consider including student library-aides who have a knack for technology.

• Always keep your intended audience in the forefront of your mind when creating your website. You don't want to include websites, links, and databases that are too complicated for elementary and middle school students to understand. Conversely, you don't want to include content that is geared toward a much younger crowd when developing a site for middle and high school students.

Food for Thought:

• Library Girl
• LearnNC
• The Ugly Truth
• Virtual Library Design Tips

Some LMC websites for your consideration:

• Frederica Academy - a private school servicing students in grades PK-12
• Grandview Elementary School - a public school servicing students in grades K-5
• Pierce Middle School - a public school servicing students in grades 6-8
• Montclair High School - a public school servicing students in grades 9-12

Media Center Webpages

In order to build a good, usable website for your school library, you need to think in two very different ways. First, you need to think like a librarian. What do your patrons need, and how can you best serve them? Second, you need to think like a web designer, which could be difficult if you are not trained as a web designer. According to Jurkowski (2010) “Recent surveys indicate that close to 90 percent of school librarians maintain websites” (p. 69).  Determining what should be on the website and usability/navigation of the website are most concerning to me.

The three essential things I think should be on a website for my school’s library are:

1. Teaching Focus-The website should showcase the LEARNING that takes place in the media center.(Blogs, wikis, updated photos of learning/teaching, newsletters, etc. 
2. Student Work-Opportunity for parents, administrators, and school board members to visit your site to see what students are doing and what the media specialist is providing. Emphasizes your role as an instructional partner within the school.
3. Resources-Provides the most up to date and relevant resources for use. Resources must be updated frequently and meet the needs of the students. 

The three essential usability tips I think are important for having a user friendly website are:

1. Organization-Organize content so that users will be able to find what they need. Considering your audience is also part of organization, are you serving more than one audience (ex. students, students and parents, students and community)
2. Navigation-Once you have organized your content logically, you need to design your site’s navigation to reflect that logical organization. Main site navigation should be the same on every page of the site, and pages of content should provide “breadcrumbs” — links back to categories or major divisions of the site.
3. Content-Each page of the website should be clearly written, well organized, and readable. Use headings so that readers can skim to find what they need. Break content up into manageable chunks, and make each major topic its own page.