To use or not to use

Fair use or not

Journal article for classroom use

A teacher copies one article from a periodical for distribution to the class.

Fair Use?

Yes NO

Yes, with the following caveat. Distribution of multiple copies for classroom use is fair use. However, the repeated use of a copyrighted work, from term-to-term, would require the teacher to re-evaluate for fair use. Repeated use, as well as a large class size, may weigh against fair use.

Posting Copyrighted Work on a Web Site

A teacher has posted his class notes on a web page available to the public. He wants to scan an article from a copyrighted journal and add it to his web page.

Fair Use?

Yes NO

No, if access is open to the public, then this use is probably not a fair use. No exclusively educational purpose can be guaranteed by putting the article on the web, and such conduct would arguably violate the copyright holder's right of public distribution. However, if access to the web page is restricted to only the students in the class, then it is more likely to be fair use. Place password protection on the site to limit access.

Use of copyrighted music

A teacher or student creates a presentation uses copyrighted music in the background. Assuming that permission was not obtained from the copyright owner, can the music be included in their presentation?

Fair Use?

Yes NO

Yes, if instruction is occurring

Showing a Videotape for Classroom Instruction

A teacher wishes to show a copyrighted motion picture to her class for instructional purposes.

Fair Use?

Yes NO

Yes, since it is for classroom instruction and no admission fee is charged.

A teacher makes a copy of the videotape described in the previous scenario for a colleague to show in her class at the same time.

Yes NOFair Use?

Copying a Videotape for Classroom Instruction

No. The teacher may lend her personal copy of the videotape to a colleague for this purpose. Copying the videotape would infringe upon the copyright owner to market his product.

A teacher wishes to raise funds for a scholarship. She rents a videocassette of a motion picture on which the copyright has expired and charges admission fees.

Yes NOFair Use?

Renting a Videotape That Is in the Public Domain for Non-classroom Use

Yes. The copyright of the motion picture has expired, which places the motion picture in the public domain.

The facts are the same as those in the previous scenario except that the movie is protected by copyright.

Yes NOFair Use?

Renting a Videotape That Is Copyright-Protected for Non-classroom Use

No, because it infringes the copyright owner's right to market the work.

That’s It

This concludes the scenario-based copyright training.