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Code of Best Practices in Fair Use for Online Video

This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.

This is a guide to current acceptable practices, drawing on the actual activities of creators, as discussed among other places in the study Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video and backed by the judgment of a national panel of experts. It also draws, by way of analogy, upon the professional judgment and experience of documentary filmmakers, whose own code of best practices has been recognized throughout the film and television businesses.

Making Your Media Matter 2009 Rapporteur’s Report

On February 12-13 2009, the Center for Social Media (CSM) hosted its 5th annual MAKING YOUR MEDIA MATTER conference. Read this Rapporteur’s Report to learn about the topics discussed and watch videos from the conference. The videos within this report are just part 1 of each panel. If you want to continue on, you can click on the links below the video.

Public Media 2.0: Dynamic, Engaged Publics

Public broadcasting, newspapers, magazines, and network newscasts have all played a central role in our democracy, informing citizens and guiding public conversation. But the top-down dissemination technologies that supported them are being supplanted by an open, many-to-many networked media environment. What platforms, standards, and practices will replace or transform legacy public media?

This white paper lays out an expanded vision for “public media 2.0” that places engaged publics at its core, showcasing innovative experiments from its “first two minutes,” and revealing related trends, stakeholders, and policies. Public media 2.0 may look and function differently, but it will share the same goals as the projects that preceded it: educating, informing, and mobilizing its users.

Multiplatform, participatory, and digital, public media 2.0 will be an essential feature of truly democratic public life from here on in. And it’ll be media both for and by the public. The grassroots mobilization around the 2008 electoral campaign is just one signal of how digital tools for making and sharing media open up new opportunities for civic engagement.

But public media 2.0 won’t happen by accident, or for free. The same bottom-line logic that runs media today will run tomorrow’s media as well. If we’re going to have media for vibrant democratic culture, we have to plan for it, try it out, show people that it matters, and build new constituencies to invest in it.

The first and crucial step is to embrace the participatory—the feature that has also been most disruptive of current media models. We also need standards and metrics to define truly meaningful participation in media for public life. And we need policies, initiatives, and sustainable financial models that can turn today’s assets and experiments into tomorrow’s tried-and-true public media.

Public media stakeholders, especially such trusted institutions as public broadcasting, need to take leadership in creating a true public investment in public media 2.0.

Code of Best Practices for Sustainable Filmmaking

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.

Fair Use in Media Literacy Education FAQ

Educators need to make better use of their fair use rights under copyright law. The Code of Best Practices in Fair Use for Media Literacy Education helps clear away the copyright confusion and, in the process, encourage the use of mass media, popular culture and digital media as a means to build students’ critical thinking and communication skills. Here, the Media Education Lab answers some common questions about the Code.

Beyond Broadcast 2008 Rapporteur’s Report

The 3rd annual Beyond Broadcast Conference, titled “Mapping Public Media,” was held June 17th, 2008 at American University. Roundtable discussions, demos and exhibits examined the explosion of digital, participatory maps as public media, and as tools for visualizing the radical shifts in our media terrain. This rapporteur’s report offers highlights of the day’s events, and includes audio and video of speakers and multimedia presentations.

Beyond Broadcast 2008 Videos, Podcasts and Downloads

Downloads of the Beyond Broadcast podcasts, videos and other materials, for those who just can’t get enough of the 2008 Beyond Broadcast conference!

Frequently Asked Questions: Public Media

In this moment of shifting technologies and emerging platforms, how can we identify public media? Here at the Center for Social Media, we define them as any media expressions or platforms that promote public knowledge and action—that is, the formation of publics that can act together to address common problems.

Making Your Media Matter 2008 Rapporteur’s Report

Teaching about Copyright and Fair Use for Media LIteracy Education

Media Education Lab
The Media Education Lab at Temple University has created a whole set of Curriculum Materials for teaching and understanding copyright and fair use. The materials include lesson plans, songs, case studies, and videos. If you’re interested in learning more about Fair Use in Media Literacy Education, make sure to check out these excellent materials!

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. The goal of these scenarios is to allow discussion about what the fair and responsible thing to do would be, not to find out “the right answer.” These scenarios thus allow students to consider what they think makes sense, in light of the Documentary Filmmakers’ Statement of Best Practice to see what professional filmmakers established as principles and limitations.

Made In LA Field Report

This is the fourth in a series of “field reports” that the Center for Social Media is producing as part of the Future of Public Media project, funded by the Ford Foundation. The field reports examine innovative media projects for public knowledge and action, with a particular interest in exploring how publics form around such projects.

This examination of Almudena Carracedo and Robert Bahar’s film project, Made in L.A., written by Center for Social Media research fellow Kafi Kareem, looks at the terms of production for a film project that is self-funded and driven by the need to connect with its users.

Made in L.A. documents the struggle for rights of immigrant textile workers who were suffering under sweatshop conditions in Los Angeles. Carracedo and Bahar began an expensive and extensive project without a real grasp of how it would evolve. They survived, and ultimately thrived, due to a relentless search for connection with their users. This project uncovered techniques that others can adopt pre-preemptively, as a way to involve potential supporters from the start in projects that speak to clear constituencies.

Social Issue Documentary:  The Evolution of Public Engagement

Barbara Abrash

Documentary films are serving as the core for innovative spaces and practices that mark a new kind of public media – accessible, participatory and inclusive. This article examines the campaigns surrounding three films: Not in Our Town, Lioness, and State of Fear to uncover how emerging strategies for online and offline engagement are laying the groundwork for “public media 2.0.”

Making Your Media Matter 2009

The Center for Social Media invited established and aspiring filmmakers, non-profit communications leaders, funders, and students to our 5th annual Making Your Media Matter conference. This was a perfect opportunity to learn and share cutting-edge practices for creating media that matters. Read more here.

Field Report: “Why Democracy?”

Greg Fitzpatrick

This is the third in a series of “field reports” that the Center for Social Media is producing as part of the Future of Public Media project, funded by the Ford Foundation. The field reports examine innovative media projects for public knowledge and action, with a particular interest in exploring how publics form around such projects.

Center for Social Media Research Fellow Greg Fitzpatrick’s examination of “Why Democracy”—an ambitious multi-platform, multi-country public broadcasting project—demonstrates the opportunities and challenges for public media born in a broadcasting environment to engage publics across global and digital divides.

Beyond Broadcast ‘08 Keynote: Larry Irving[PDF]

Larry Irving, President, Irving Information Group
Widely credited with coining the term “the digital divide,” telecommunications consultant Larry Irving formerly served as Assistant Secretary of Commerce for Communications and Information under the Clinton administration. In his remarks at the June 17, 2008 Beyond Broadcast conference, he urged public broadcasters and their allies to craft a clear policy agenda for the next administration that reflects both technological and demographic shifts. He suggested that “new media” has now become simply “media,” and that public media makers will need to adjust quickly while maintaining a commitment to serving a diverse array of Americans through high-quality noncommercial productions. Read more in the transcript of his remarks.

Mapping the Money in Public Media[PDF]

Diane Mermigas, Editor at Large, MediaPost
Public media’s opportunities exceed its challenges. Digital interactivity is tailor-made for public media projects that incorporate grassroots creativity, deep-dive examinations of complex issues, and connections to civic activism. Participatory tools and platforms give public media makers the means to secure their own financial futures, and to compete with large commercial outlets. This briefing, commissioned in conjunction with the Beyond Broadcast conference, examines models for monetizing digital, interactive public meda.

Field Report: OneWorld’s Virtual Bali

Kate Schuler, Research Fellow, Center for Social Media
This is the second in a series of “field reports” that the Center for Social Media is producing as part of the Future of Public Media project, funded by the Ford Foundation. The field reports examine innovative media projects for public knowledge and action, with a particular interest in exploring how publics form around such projects.

The Rise and Fall of the Public Service Publisher[PDF]

Des Freedman, Department of Media and Communications and Centre for the Study of Global Media and Democracy, Goldsmiths, University of London
This briefing examines the rise and fall of a proposal for a Public Service Publisher (PSP) in the U.K.— a new organization that would have commissioned independent public media content across a range of participatory digital platforms. This central policy debate in one of the largest and most influential public broadcasting systems in the world provides useful parallels for U.S. policy and public media makers. They too face the rise of Web 2.0 models, questions about how copyright restrictions should apply to public content, the shift to digital broadcasting, and the widespread commercialization of the media sector.

Field Report—Hip Hop: Beyond Beats and Rhymes

by Barbara Abrash, Director of Public Programs
Center for Media, Culture and History
New York University

This field report—the first in a series that the Center for Social Media will be producing in 2008—demonstrates how a social issue documentary film campaign that radiates outward from a PBS broadcast can serve as a test bed for innovations that support civic dialog and expand the spaces and practices of public media. Hip Hop: Beyond Beats and Rhymes is a personal film that examines representations of gender roles in hip-hop and rap music through the eyes of filmmaker Byron Hurt.

Demos - Making Your Media Matter 2008

Find out what’s in store for MYMM 08!

• 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