Brainstorm: Journalists and Fair Use

January was a big month for free speech and online press freedoms, in light of the strong responses to the proposed Stop Online Piracy Act and PROTECT IP (or PIPA) bills.

A group of 30 journalists convened in D.C. on Jan. 20, 2012, to discuss new research by The Center for Social Media (CSM) at American University on how fair use and copyright policies impact professional standards in digital journalism.

Fair use, according to lead researchers Patricia Aufderheide and Peter Jaszi, is the right for journalists to quote copyright material (in some circumstances) without permission or payment. Two questions are key in determining whether source material passes the fair use test:

1. Is the new use of copyrighted material “transformative” (i.e. reusing for a new purposes rather than repeating the use for which there is an existing market?)
2. And if so, is the amount used appropriate (even if it’s 100 percent) to the new use?

CSM performed a scan of current standards and practices in U.S. news organizations, including newspapers, magazines, broadcast news outlets, blogs and aggregators. It also conducted interviews with 80 journalists regarding their fair-use practices.

The preliminary results of the research, supported by a McCormick Foundation grant, identified a need for better shared understanding of fair use within journalistic practice, including original reporting, aggregation, within large institutions or in an one-person operation.

Participants at the convening discussed ways to engage different journalistic communities in better exercising fair use.

Download the Center for Social Media’s Journalists & Fair Use report.

Have you come across a fair use issue in your journalistic work? Have ideas on how to help the next generation of journalists build a better understanding of free press issues?  Let us know what you think.

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Case to Limit Investigative Reporting?

As we watch the oil spill in the Gulf of Mexico continue to unfold, it reminds us of another situation more apparent to our line of duty.  Last Thursday, New York Federal Judge Lewis A. Kaplan ordered documentary producer and director Joe Berlinger to turn over to Chevron more than 600 hours of raw footage used to create a film titled Crude: The Real Price of Oil. If Berlinger’s appeal is rejected, this decision could put a chill on the First Amendment rights of documentary filmmakers and investigative journalists. As discussed by the Huffington Post’s Bill Moyers and Michael Winship article “Chevron’s ‘Crude’ Attempt to Suppress Free Speech,” this violation would limit the legal protection a journalist and their sources would receive in court.

As the Independent Documentary Association asserts, "This case offers a clear and compelling argument for more vigorous federal shield laws to protect journalists and their work, better federal laws to protect confidential sources, and stronger standards to prevent entities from piercing the journalists' privilege. We urge the higher courts to overturn this ruling to help ensure the safety and protection of journalists and their subjects, and to promote a free and vital press in our nation and around the world."

As part of the journalism community, what do you think about this situation?

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Students, Administrators Discuss Free and Responsible Student News Media

Student journalists and administrators stepped up the plate at the Protocol for Free and Responsible Student News Media conference held by the McCormick Freedom Project and the Illinois Press Foundation early this week at Cantigny Park in Wheaton, Illinois.

The goal of the conference was to craft a protocol addressing the tensions inherent to scholastic journalism. Participants had discussions about the role of the First Amendment in student journalism, especially how both students and administrators can collaborate without compromising journalistic or pedagogical values. Approximately 50 student journalists, advisors, educators, school board members and journalism organization leaders were in attendance.

The need for the protocol was highlighted by student journalist Pam Selman, former editor, and Evan Ribot, former managing editor, of the Statesman student newspaper of Stevenson High School. They described how the school administrators forced them to censor articles that put the school in a negative light, compromising their journalistic rights. The Stevenson editors' resignation is a prime example of how students are being forced to give up their First Amendment rights as journalists because the administration doesn't approve of the stories they wanted to publish, no matter how newsworthy.

Participants also documented the conference on Twitter (using #studentnewsmedia). Check out a sampling of the vibrant conversation and be sure to check back throughout the year for follow-up discussions as the McCormick Freedom Project crafts the final protocol report.

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   MIPAMSU Prior review is totally un-American, says David Cuillier, SPJ FOIA chair. #studentnewsmedia 09 Feb 2010 from Echofon
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   candacepb Biggest slap in a student jlsts' face is to be considered "just" a student journalist. Admins need to be honest and open. #studentnewsmedia 09 Feb 2010 from TweetDeck
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   SPLC_org Thanks, McCormick Foundation (and some amazing students) for an inspiring 2 days at #studentnewsmedia conference; now comes the hard part. 09 Feb 2010 from web
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   jloo_mfp thanks to all the fantastic conference participants in Wheaton this week!Let's keep the discussion and links going at #studentnewsmedia 09 Feb 2010 from web

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   joshrmoore Student journalists repeatedly say prior review is biggest hurdle to good #studentnewsmedia 08 Feb 2010 from Twitterrific
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   McCormickJrnlsm Discussing the legal aspect of censorship in #studentnewsmedia cases. What constitutes arbitrary censorship? Is it legal? 08 Feb 2010 from OpenBeak

-- this quote was brought to you by quoteurl

Keep the discussion going at the Five Freedoms Project's Ning network.

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McCormick Foundation Freedom of Speech Public Service Announcement Winners Announced

The McCormick Foundation journalism program congratulates the winners of the 2009 Freedom of Speech public service announcement (PSA) competition for college communications students. The student-produced PSAs are 30 seconds each and address "What freedom of speech means to me." 

The NAB Education Foundation (NABEF) and the Broadcast Education Association (BEA) recognized the first place winners at the NAB headquarters in Washington D.C. on Oct. 14, 2009. During the luncheon, titled "Freedom of Speech in the Digital Media Arena," the winning students received scholarships in the amounts of $3,000 for first place, $2,000 for second place and $1,000 for third place. 

The winners are:

Television Category
1st Place: Chris Newell, Biola University 
2nd Place: Monique L. Pelletier, New England School of Communications
3rd Place: Michelle Wood, The Art Institute of Atlanta

Radio Category
1st Place: Stuart Mouritzen, USC
2nd Place: Theresa Rozwadowski, Central Michigan University
3rd place: Melodie Turori and Rob Croft, Biola University

The luncheon also featured a panel of broadcasters and journalists. Participants included:

• Blanquita Walsh Cullum, governor, United States Broadcasting Board of Governors (BBG)
• Russell C. Hodge, founder, executive producer, 3 Roads Communications, Inc.
• Paul Rodriguez, managing director of media, Burson-Marsteller
• Kevin Z. Smith, president, Society of Professional Journalists, assistant professor of Journalism, Fairmont State University

Timing of the awards is in recognition of National Freedom of Speech Week, October  20-26. NAB and McCormick Foundation encourage stations to air these spots, available for download at the NAB Web site .

Did your station air these spots? Let us know what you think. 

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First Place for the First

The Illinois First Amendment Center, an MF grantee since its origins in 2001, is taking home a highly-coveted First Amendment Award from the Society of Professional Journalists (SPJ). The award recognizes individuals and groups for "extraordinarily strong efforts to preserve and strengthen the First Amendment . " SPJ will also honor former USA Today reporter Toni Locy , who has refused to reveal her sources from stories in a 2002 anthrax case.

IFAC works to educate young people about the need to understand, preserve and protect the First Amendment. What started as a modest effort housed at the Illinois Press Foundation has grown into a booming non-profit organization, providing free curriculum, posters, videos and other materials to thousands of K-12 teachers across the country. It recently began offering its materials in Spanish as well. The Center works closely with newspapers to promote its materials and host an annual conference.

IFAC will pick up the honor at SPJ's annual convention, to be held Sept. 6 in Atlanta. For more, visit: http://www.spj.org/news.asp?REF=819#819

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World 'Divided' on Press Freedom

You have two doors to choose from: #1 is marked press freedom and #2 stability. Choose. Quick. No questions.

Well, some disturbing news for press-freedom advocates: In a global survey that posed essentially that question, about 40 percent said it was more important to maintain social harmony and peace, even if it meant curbing the press’s freedom to report truthfully. That means a lot of people chose option #2.

The survey, which looked at views in 14 countries, also covered:
+ Whether people feel the press can operate freely in their country
+ How good a job respondents feel the press does in covering news accurately
+ The concentration of private media in the hands of fewer large companies.

Interestingly, in the U.S., Britain and Germany, about 29 percent thought the press does a good job of reporting news accurately.

See the study at: http://news.bbc.co.uk/2/hi/in_depth/7134918.stm

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Planting the Seeds for the Liberty Tree

The First Amendment is taking a beating, but a group of top-shelf journalists and First Amendment advocates aren't going to stand by anymore. Enter the Liberty Tree Initiative, a new campaign that aims to improve the public's perception of the First Amendment and journalists.

The project kicked off this past week at McCormick Tribune Foundation's Cantigny Park in Wheaton, Ill., with a two-day brainstorming meeting organized by the American Society of Newspaper Editors. Describing the group assembled as a "League of Nations of First Amendment professionals," Liberty Tree mastermind and USA Today editor Ken Paulson charged participants to come up with ideas and strategies for improving public sentiment on the First Amendment freedoms.

With the help of communications firm Weber Shandwick, the Liberty Tree Initiative should have a solid foundation for a campaign by early next year.

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