re: "Code of Best Practices in Fair Use for Media Literacy Education"

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  • I am a high school librarian trying to nail down how to interpret part of the above-named Code. I am interepreting the Code to include allowing fair use where use of the material is instructional.

    Teacher Situation:
    Teacher has set up a class wiki. She wants to embellish the home page with a graphic relevant to what she teaches in order to make the page more attractive. Can she use a copyrighted graphic without asking permission, due to fair use?

    My interpretation:
    Fair use doesn't apply because the use of the graphic is not curricular and instructional; it would be used to make the page more attractive. Teacher should find a copyright-friendly graphic or ask permission to use the copyrighted graphic.

    Students situation:
    Students will be posting an image on the class wiki as part of a curricular assignment to select a certain type of image and discuss its importance to the assignment topic.

    My interpretation:
    Fair use applies because students are using images as part of curricular instruction that involves Media Literacy Education.

    Please let me know what you think!

  • As long as the class wiki has limited access and duration, I agree with your interpretations.

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