Based on Cariou v. Prince, _ F.3d _ (2d Cir. 2013).

Patrick Cariou published a book of photographs of Rastafarians and landscapes taken in Jamaica. Richard Prince utilized portions of and entire images from Cariou’s photographs in 28 paintings, many of which were shown in the Gagosian Gallery.

1. "An American Studies": co-authored with John S. O'Connor, my English teaching partner. It features links to all (40+) of our students' individual blogs.
2. "Modern World History": a class I taught in the past which used a different blogging platform called Posthaven, somewhat similar to Tumblr. It allows you to post just about anything via email.
3. "US History": a class I currently teach in an experimental classroom, it also uses the Posthaven platform instead of Blogger, my traditional favorite.

• Fair Use Music Videos
• Fair Use Case Studies
• Even more resources at the Media Education Lab, including a link to Renee Hobb's book, Copyright Clarity.

If you are interested in this timely topic and might not be able to attend the national (ed-tech) ISTE Conference this year, two free webinars (online conference sessions) are scheduled soon:

1. "Copyright Clarity" on learncentral, presented by Kristin Hokanson and myself. Created by Gwyneth Jones, this is a free Elluminate web event, sponsored by Blackboard. It is intended for ISTE SIGMS members (library/media specialists), but anyone is welcome to attend. If you have a computer with a microphone, you should be able to participate on Monday, March 14, 2011 at 7:00 pm, CDT. Join us now by clicking on this link.
2. "Copyright Clarity and Fair Use for Digital Learning", presented by Renee Hobbs, author of Copyright Clarity, Kristin Hokanson and myself. It is intended for ISTE SIGTC members (technology coordinators), but anyone is welcome to attend. Sign up here to attend online on Tuesday, April 5, 2011 at 7:00 pm CDT.

While attending NECC, it's easy to be overwhelmed by all of the vendors trying to sell you their latest wares. Last night, I wandered aimlessly through the din of this corporate carnival.

That's what so refreshing about the World Digital Library (WDL), relatively new site, sponsored by both the Library of Congress and UNESCO, and various private contributors. The WDL is a collection of primary sources, curated by professional scholars and translated into six languages (Arabic, Spanish, French, Portuguese, Russian, Chinese), which might be perfect for the cultural units of foreign language teachers. You can browse these items by place, time, topic, type of item (books, journals, manuscripts, maps, motion pictures, photos, sounds), or hosting institution.

Though currently there are no prepackaged teacher resources as you might see at the Library of Congress, the website curators instead want to establish a social network for educators to create and share lesson plans across the globe. Lastly, all of the resources are freely downloadable in high resolution formats to allow for closer analysis.

Recently, it seems that quite a few teachers want to have their students use popular music for class assignments. In the past, students would create a "mixtape" on an analog cassette (back in the day) or, more recently, they would burn a CD of songs, which would leave the teacher with a stack of media that might never be used again. What a waste.

More recently, the challenge that teachers and tech staff encounter is that either students want to take tracks from their iPods or CDs and put them on the Web. Obviously, this is fraught with all kinds of technological and copyright-related issues. Well, here's a possible solution, as described in depth by Wired magazine.

MixTape.me is a website that acts like an online version of iTunes, without the need to purchase anything. Students (and teachers) can search for many popular songs and then create their own playlist(s) to share with others. Below is an example, which I was able to create and embed in this blog in under 5 minutes. Think then of the possibilities: students could create a custom playlist and then add their own comments, as well as pictures to the "jukebox". HINT: just double-click on a song title to play the music!

Image via Wikipedia

• Concrete examples from your own work showing how the inability to lawfully circumvent the technological access controls on DVDs has created educational hardships or interfered with your teaching goals,
• Explanation of how the proposed exemption would help you and your students
• Information about school and other institutional policies that prohibit the circumvention of DVD copy-protection technology; and
• Your own beliefs about why media literacy and digital media in education is such an essential part of our students’ future.

When the financial crisis first hit, I found myself grappling as much as my students were with the complexities of our economic system. Though I am a homeowner and realized that many of the problems stemmed from so-called "mortgage-backed securities", I honestly could not figure out my own place in this meltdown.

That was until I heard the economic terms contextualized in narrative form on a public radio program, This American Life, entitled, "The Giant Pool of Money". I'm sure some of it is oversimplified, but what I enjoyed about the show (in free podcast form) was that the hosts never took for granted that the audience understood what those "creative" financial instruments like CDOs (Collateralized Debt Obligation) were!

Knowing that my American Studies students could benefit from this explanation in the midst of a unit called "Stories and Histories", my teaching partner, John O'Connor, and I designed an activity which harnessed the power of our 42 students to our collective advantage.

We assigned each student a portion of the radio transcript to visually represent as a single slide. In order to make this a truly collaborative effort, we dropped the students into 2 adjacent computer labs, and had them all simultaneously edit a shared presentation via Google Docs.

It was an amazing endeavor to observe, as students got up from their computer terminals in order to negotiate with their peers the transitions and shared metaphors from slide to slide. Check it out:

I wanted to model permission-seeking to my students by making a formal request to National Public Radio. Unfortunately, after a few friendly emails back and forth, This American Life refused my request. Therefore what you see above is somewhat limited in that it lacks the soundtrack. I'm still pursuing other avenues as I post this. What do you think? Was our class project an example of "fair use" or did we take it too far by wanting to share it with a wider audience?

UPDATE (5/22/09): I've decided that I will publish the completed presentation on the web after all. After a school year of sharing this project with private audiences, I posted my dilemma to a wiki dedicated to ending copyright confusion. Here is a portion of the response I received from Renee Hobbs of Temple University:

What a creative way to incorporate media literacy into the social studies curriculum! As I look at the piece, it seems that your students have demonstrated their understanding of the content by transforming the "This American Life" segment into a new work through their imaginative multimedia slides. The educational value of this assignment is based, in fact, on the careful relationship between the audio and the images....[W]here you have asked permission and been refused, your decision about distribution rests completely on your comfort level about whether this use indeed a fair use....I think it's a great example of how, sometimes, we use a whole piece of media in our work with students -- and for the specific learning objective, we need to use the whole piece.

Just released. I will comment further once I've digested this document from the Center for Social Media of American University and the Media Education Lab of Temple University.

Image via WikipediaAt least at our school, one of the teacher tools that was prohibited last year was the extracting of short DVD clips for classroom use. I think we all know what advantages this process offers, especially within the confines of the 40-minute period (or, as I like to refer to it, "the 40-minute fury"!). Excerpting clips instead of fumbling with the menus and previews of an actual DVD was the fulfillment of the early promises of DVD technology. Instead, I see teachers running around with old and degraded VHS tapes, laboriously cued and re-cued up to the scene they wish to use in class.

>Image via WikipediaOne of the trickiest issues for teachers is determining what constitutes "fair use" when utilizing copyrighted material, for ourselves or for our students. In the past, many well-intentioned educators published "fair use guides" on the web that were overly cautious or just plain wrong, focusing on, for example, the amount or percentage of time supposedly allowed when excerpting a clip. 

Last spring, I had the pleasure and the privilege of contributing to a discussion funded by the MacArthur Foundation, and hosted by American University law professor, Peter Jaszi. He and others have produced an important document for educators entitled, "The Cost of Copyright Confusion for Media Literacy". He argues:

As a result of poor guidance, counterproductive guidelines, and fear, teachers use less effective teaching techniques, teach and transmit erroneous copyright information, fail to share innovative instructional approaches, and do not take advantage of new digital platforms.