![]()
Fair Use
Fair use is one of those topics that drive me crazy. I understand that most educators have a vague understanding of the topic and this level of knowledge serves them well. Because I write about student authorship I feel a need to be able to answer those questions I raise for myself. Representing a position to others requires a higher standard. I read the law and interpretations. Laws are often like standards (reference likely to be understood by educators) – laws and standards give general guidelines, but often lack specifics. The legal system has a solution – take it to court. Case law is the solution to the desire for specifics. I would prefer there be something else.
What tends to set off my anxiety about this topic is a pronouncement by someone else. Two recent experiences got me going again. The first was a podcast offered by a prominent educational podcaster that was the recording of one of his conference presentations. In this presentation, the podcaster contended that under fair use students can use 30 seconds of music to back a video created for YouTube. The second experience came as I reviewed a graduate student instructional project focused on fair use.
The interpretation I offer educators is that the authorship of web publications requires a more conservative approach than say a student presentation in the classroom. I would not propose that teachers allow students to include commercial music in any video offered to the public.
I wish I could point to definitive statements on this matter, but I can locate a variety of perspectives online. My position is partly informed by a reading of the TEACH act. This act was intended to allow the same instructional opportunities online that are allowed in a face to face classroom. To apply, the TEACH act requires instructors meet certain expectations. These requirements involve provisions that limit access to online materials to those enrolled in an active course and limitations on the time material will be made available. If you read the resource linked to above, note the reference to limited portions as required for fair use. If the limited portion standard applied no matter what, why would the act require the limitations I have identified? The one specific example I can think of would involve the use of entire work – say an entire song in a music appreciation class. Some audio and video work is purchased specifically for educational use and public exposure would void the agreement of the purchase.
Online commentary does more directly support the position I take. For example, check #9 on this list of fair use guidelines for college students.
Teachers seek guidelines and remember specifics. The 30 seconds of audio/video is an example. However, if the issue is really more complex, I think “experts” should be more cautious in making complex issues simple.
![]()
Logic in evaluating arguments for and against the long form
Much has been written and argued in opposition to the “long form”. Whether it is opposition to textbooks or lectures, those thinking something different is required argue that the long form is too passive, too boring, and not sufficient to develop the skills required for some new form of job or citizenship. I am careful to use the term “argued” because to my knowledge there is little data to authenticate these claims. Reliance on argument over data seems a more acceptable practice in politics and social sciencs in constrast to what are typically labeled “the sciences”.
One of the challenges in evaluating “logical” claims is evaluating such claims without bias. We tend to accept what we think should be.
When someone offers a defense of the “long form”, what is your approach in interpreting the arugments advanced? It is challenging to recognize that similar arguments can be advanced for competing positions.
If you are in favor of active thinking, how do you interpret the position that active means developing the capacity for sustained attention and personal processing of information provided by others (thinking and note taking related to lecture)? How do you interpret the position that what the future requires is the capacity to critically evaluate the positions taken by others and contrast them with your own. What do think “spoon fed” implies – extended arguments by experts or isolated bits of experience assuming the capacity to integrate? Where should the personal commitment (motivation) to learning originate – the student or the instructor?
![]()
NewseumEd
Cindy outside the Newseum
The Newseum has a new program directed at teachers and students – NewseumEd. The site offers resources (primary sources and lesson plans) focused on media literacy, freedom of the press and related topics associated with the media. The collection is extensive – 500 documents and more than 80 lesson plans.
![]()
Use of ad blockers
I have generated several posts making the argument that the use of ad blockers ignores the desires of those making the effort to generate content. I recognize that the use of pop-ups and multiple banner ads on a page can be obnoxious, but the solution is to avoid this content. Avoidance allows the author to offer content as he/she desires and prevents you from experiencing content in a framework you find annoying.
Anyway, I do use Google ad links. These links are minimally intrusive. An issue with ad blockers is that most block everything whether the ad content is actually intrusive or not. I have been interested more as a matter of principle than income. My use of ads makes only a minimal dent in the cost to me of renting server space.
I have been tracking the percentage of viewers who examine content on this site and block the ad that appears in the left-hand column. Here is graphical summary from the past month. The red section represents the use of an ad blocker.
![]()
Screen Time
Watching my kids raise their kids is interesting. I am a psychologist with some expertise in the area of adolescence, but I can’t say that my approach as a parent was that planned. I guess I would describe my approach as be supportive, be aware, and try help when problems develop. Perhaps my wife was more prescriptive, but I don’t think so. We wanted our kids to do well and be well rounded, but beyond sharing expectations we required few specific choices. Again, what I describe is my impression and not necessarily the impression of all involved.
Screen time is one of those issues that seems new to me. I do not think we had household rules regarding screen time. My kids missed out on several technologies we now take for granted. Internet activities were not part of their experience. We had two phone lines (no cell phones), but this abundance was allowed so we could use the “teen line” for a phone modem. Disputes were related to who had priority on the second line, but not how much time was allowed. What I don’t think we had were rules regarding how much television viewing time was allowed.
My own children as parents vary in their expectations but they do talk about screen time. Of course, we gave our grandchildren iPads so we have played a role in shaping the environment that must be addressed. Specific time limits do come up and I sometimes hear reference to a specific number – you can have 30 minutes of iPad time and then you need to do something else.
Our kids get these numbers from somewhere. All are well educated and with their spouses seek out information on parenting. One influential source of such information has been American Academy of Pediatrics. I must admit a bias here. As a psychologist, I am always surprised when folks from the medical profession weigh in on topics such as child rearing, bullying, etc. My major professor (a WWII military veteran) refused to refer to MDs as doctors. He always called them medics. The preparation of PhDs was different with far more time focused on doing and reading research without a biological connection. I admit to a certain ignorance regarding the preparation of medical professionals (our two daughters are in the field), but I do know how much course work and field experience goes into the preparation of clinical or developmental PhD psychologists.
Anyway, the AAP had a rather absolutist position on screen time – nothing before 2 and then up to two hours by adolescence. Simple rules are easy to follow so I understand the impact on parents seeking simple guidelines. Of course, the world is far more complicated and everyone should have considered that screen time can mean very different things. Unless there was specific evidence that focusing one’s attention on a light emitting surface did neurological damage, what is viewed and heard can now expose the viewer to such a wide range of experiences with varying consequences. Some can be interactive. Many can be educational. Some can be damaging.
AAP has released a new report (there is an executive summary if you do not want to read the entire document) with specific suggestions and a more nuanced position. The recommendations require judgment on the part of parents, but the ideas seem pretty much what I would regard as common sense. The real issue here may be getting parents to forget what they were told previously.
Perhaps if I explain screen time as similar to food consumption the medics may understand. Some is good and necessary. Different inputs have different consequences. It is possible that too much of anything can reach the point of causing problems, but how much this amount is will be determined by many factors.
![]()
Reading – paper vs screen
![]()


You must be logged in to post a comment.