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

This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use. 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. It is a general right that applies even in situations where the law provides no specific authorization for the use in question—as it does for certain narrowly defined classroom activities.

This 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 Cost of Copyright Confusion for Media Literacy

The Cost of Copyright Confusion for Media Literacy, based on scores of longform interviews with teachers, shows that the fundamental goals of media literacy education—to cultivate critical thinking and expression about media and its social role—are compromised by unnecessary copyright restrictions. 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. This is not only unfortunate but unnecessary, since copyright law permits a wide range of uses of copyrighted material without permission or payment. However, educators today have no consensus around what constitutes acceptable fair use practices. The report concludes with a call for educators to develop a consensus around their interpretation of their most valuable copyright tool: fair use.

Fair Use Language for Course Syllabi[PDF]

In your syllabus, you often have some information on copyright. Here is some language to include in that section, specifically on fair use. This language has been reviewed by lawyers, including law professor Peter Jaszi of American University’s Washington College of Law and Michael Donaldson of Donaldson and Hart law firm, and it has been approved by the University Film and Video Association for use by its members.

Copyright Backgrounder[PDF]

By Michael Donaldson, Esq.
This concise background document describes what copyright is and what can be copyrighted, as well as what material is in the public domain and what is fair useable. Michael Donaldson is an attorney in Los Angeles, many of whose clients are leading documentary filmmakers. His book, Clearance and Copyright (Silman-James Press, October 2003), from which much of this information has been drawn, is widely regarded as a basic text for documentary filmmakers. Donaldson also contributed his expertise to the Documentary Filmmakers’ Statement of Best Practices in Fair Use.

Fair Use Scenarios[PDF]

Here are four scenarios, or hypothetical situations, that a documentary filmmaker might find him or herself facing. The four scenarios are each linked to one of the Statement’s categories. These can be used for classroom discussion, and to inspire you to write other scenarios.

What’s Fair About Fair Use?

Listen to Pat Aufderheide and Renee Hobbs podcast “What’s Fair about Fair Use? The Rights of the Rest of Us under Copyright” at the ACME Summit 2006.

The Law of Fair Use and the Illusion of Fair-Use Guidelines[PDF]

By Kenneth D. Crews

• Documentary Filmmakers’ Best Practices in Fair Use
  Resources for mediamakers on fair use
• “Docu makers rallying for fair use of fair use”
  Written by Gregg Kilday, published in the Hollywood Reporter.
• “Copyright isn’t the Last Word”
  An emerging “fair use” doctrine lets makers of documentary films use some material without obtaining a license. Written by Elaine Dutka, published in the LA Times.
• “Doc-makers Get Specific About Copyright Fair Use”
  Written by Steve Behrens, Published in Current Magazine