Concern over Copyright

It used to be that a teacher who wanted to use a newspaper story during class wouldn’t think twice about making copies and passing them out to his or her students. But with the explosion of online media sources, coupled with more stringent policing of copyright law, K–12 educators and those at the college level are unsure of the proper use of content and what constitutes fair use, according to a new study.

The report, “The Cost of Copyright Confusion for Media Literacy,” released jointly by Temple University and American University, reveals that teachers are hampered in their efforts to teach critical thinking and media literacy because their ignorance of copyright laws and fear of legal action are keeping them from using ads, music, articles, and videos to develop innovative instructional materials.

With funding from the MacArthur Foundation, the study was based on interviews with 63 teachers and professors nationwide about how they use copyrighted media with students. Renee Hobbs, from Temple University’s Media Education Lab, Pat Aufderheide, of the Center for Social Media at American University’s School of Communication, and Peter Jaszi, of American University’s Washington College of Law, were principal investigators.

“Media literacy is on the books at the state curriculum level in 49 states. It’s mandated in these standards that children should develop critical thinking and communication skills,” says Hobbs. “Yet, we estimate only 10 to 15 percent of children are getting exposure to those ideas. Why? All the elements are in place to bring media literacy skills to American students—we have state standards, strong public support, and access to technology in the classroom. What’s missing? There’s too much teacher misinformation and fear.”

Last year, Hobbs and a team from Temple’s Media Education Lab sought to boost media savvy among young girls with the interactive Web site My Pop Studio (see SLJ’s “Site of the Month”).

Hobbs says she personally became interested in the subject after hearing teachers express anxiety over the use of copyrighted materials. “I was curious what was motivating this,” she says. “And I wanted to know what was causing these patterns of misunderstanding.”

Educators need to know that they can use copyrighted work without having to acquire permission or pay a fee through the fair-use provision, says Hobbs. An element of U. S. copyright law, fair use is meant to balance the rights of users with the right of owners, she says. The key is that the purpose of the use must benefit society more than harm it.

But, as the study revealed, educators often sidestepped the copyright issue altogether. “In some cases they would not ask any questions about whether they could, or could not, use materials, even of their school’s librarian,” says Hobbs. “Others, however, would be overzealous and comply to the letter of the law, even going beyond it.” She recalls one professor who used a film excerpt during a lecture for 15 to 20 students, but thought he shouldn’t for a class of more than 100. The law does not distinguish between large and small groups, she explains.

The problem of copyright confusion creates a more critical situation for media literacy educators because they depend so much on using copyrighted materials for their teaching, says Hobbs. “Physics or foreign language teachers can use a textbook. But media literacy educators have to use outside materials.”

The study, released September 26, represents phase one of the project. Hobbs says for phase two and three, investigators will confer with the education community in developing best practices around using copyright materials in classrooms. They hope to present the statement in May or June of 2008. “Teachers should exercise their fair-use rights,” she says. “Fair use is like a muscle. If they don’t use it, it will not be usable.”