​1. What if I need to use copyrighted material in one of my lessons?
You can!  As long as what you use is completely necessary to the educational goals of your lesson and it is appropriately cited.  You can use a short clip or you can use a whole piece.  However, if you place the lesson on the Web, you much do everything in your power to put it in a place that prevents third party downloads.​

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​This question relates to Fair Use Principle 1: ​Employing copyrighted material in a media literacy lesson
Educators teaching the concepts of media literacy, including analysis, comparison, and context examination are entitled to use a variety of copyrighted material in their lessons.  Print, sound, television, website, and gaming materials are all acceptable.​



2. What if I want to use copyrighted material when I’m developing a curriculum?

You can!  As long as you cite your sources and the materials clearly support the lesson plan objectives and meet assignment criteria, you may use it in curriculum development.

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This question relates to Fair Use Principle 2: ​Employing Copyrighted Material in Preparing Curriculum Materials
Under fair use, educators using the concepts and techniques of media literacy can integrate copyrighted material into curriculum materials, including books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials designed for learning.



3. How can I promote my curriculum if I’ve developed it with copyrighted materials?

You may not rely on fair use. Using copyrighted material for promotional purposes requires that you use the permissions process with the material developer. Also, if the school has a license to use the copyrighted material, then the terms of that license prevail over fair use.

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​This question relates to Fair Use Principle 3: ​Sharing Media Literacy Curriculum Materials
Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials. If curriculum developers are making decisions on fair use when they create their materials, then their work should be able to be seen, used, and even purchased by anyone—since fair use applies to commercial materials as well as those produced outside the marketplace model.



4. Can my students use copyrighted work in their projects?

Yes. Teachers should allow students to place copyrighted work into their projects.  This allows them to practice and use fair use for themselves.  Students should be able to demonstrate how they have repurposed or transformed the original work, and understand that appropriate citation doesn’t necessarily equal fair use. 

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This question relates to Fair Use Principle 4: ​Student Use of Copyrighted Material in Their Own Academic and Creative Work
Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and represent existing media objects in their own classroom work. Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.



​5. Can my students use copyrighted work in school-wide and sistrict-wide projects? ​

Yes, because the work is being distributed within a limited network. However, if the student wants to include that work in a portfolio or distribute it to the public, the teacher needs to instruct the student to go through the process of getting permission to use the material from the creator.

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​This question relates to Fair Use Principle 5: Developing Audiences for Student Work
Educators should work with learners to make a reasoned decision about distribution that reflects sound pedagogy and ethical values. In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.



Source: American University Center for Social Media. (2013). Code of best practices in fair use for media literacy education.  Retrieved from www.centerforsocialmedia.org/medialiteracy