Laurie Griffin is frustrated. She likes to show movies in class after her students have read the novel the film is based on, but before she can check them out of the library, the school librarian insists on knowing whether the film is documented in her lesson plan.

"I don't think it's any of her business," says Griffin. "But she says she can be sued if I'm not using the movie for educational purposes."

Griffin's frustration and the librarian's caution are not unusual. Educators, confused about copyright law and what is permissible to show in class, sometimes avoid using film snippets, musical recordings, commercial advertising, newspaper and magazine articles, or television broadcasts for fear of copyright infringement, according to a new report, "The Cost of Copyright Confusion for Media Literacy," a joint study conducted by Temple University and American University.

Drawing upon interviews with more than 60 K-12 teachers and professors, the report found that the goals of media literacy -- to cultivate critical thinking and expression about media and its social role -- are compromised by poor guidance and fear of legal action or fines. Because of a lack of professional training around the issue, many teachers err on the side of caution, limiting the restrictions of fair use even more narrowly than the courts. The result is less effective teaching and the perpetuation of "copyright folklore" that is passed on to students who then restrict their own use too narrowly. 

"Media literacy is on the books at the state curriculum level in 49 states. It's mandated in these standards that children and young people should develop critical thinking and communication skills," says Renee Hobbs, co-investigator of the study and professor of communication at Temple University. "Yet, teachers are confused about their rights to use copyrighted materials.[and] teachers who use copyrighted materials in their teaching are afraid to share innovative practices with other educators, post materials online or distribute samples of students' work."

Copyright law actually permits a wide range of uses of copyrighted material without permission or payment, and educators enjoy an even broader landscape of fair use.

The report concludes with a call for educators to develop a shared understanding of what constitutes acceptable fair use practices, and is a first step in creating standards for educators who continue to experience uncertainty, and often fear, when making decisions about what media is "safe" to use in their classrooms.

Read the full report and start the discussion by sharing your understanding of fair use in the classroom.





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