Blog Assignments

Blog No. 4: Fair Use

1- A professor copies one article from a periodical for distribution to the class. Is this Fair Use, why or why not? 

Yes, this is fair use because it’s for educational purposes and it uses a limited portion of the work.


2- A professor 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. Is this Fair Use, why or why not?  

No. It’s not fair use because 1, the page is available to the public as opposed to being password protected, and 2, his web page could potentially be monetized.


3- A teacher copies a Shakespearian play from a copyrighted anthology. Does Fair Use apply, why or why not? 

Yes, because it is for educational purposes, the play itself is public domain, and it’s a limited portion of the entire anthology.


4- A professor wishes to place a personal copy of a book on reserve for repeated use in the same course. He encourages students to photocopy portions of the book as necessary. Is this Fair Use, why or why not? 

No, it’s not fair use because of the repeated use, the teacher is not controlling the portion of the work being used.


5- A teacher wishes to show a copyrighted motion picture to her class for instructional purposes.  Is this Fair Use, why or why not? 

Yes, it’s fair use because it’s for instruction and even though it’s the entire work, simply viewing the film instead of distributing it doesn’t necessarily affect the market.


6- A professor or other member of the campus community wishes to show a video outside of the classroom. The event is not part of the day-to-day instruction of a particular course(s), and furthermore is open to anyone who wants to attend. Is this Fair Use, why or why not? 

No, because it’s not for educational purposes and it’s open to the public. In addition, it uses the entire work. 


7- A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs. Can the photographs be included in the initial presentation, if it is in a traditional classroom?  Is this Fair Use, why or why not? 

Yes, because it’s for educational purposes and the presentation is being given within a classroom. Also, it doesn’t affect the ability for money to be made by the copyright holder.


8- What if the presentation discussed in Scenario 7 is broadcast to students at their homes or offices? Would such use be a Fair Use, why or why not?

Yes, because it’s still educational and fair use applies to distance learning as well. 


9- What if the teacher’s or student’s presentation explained in Scenario 7 is video-recorded? Would such use be a Fair Use, why or why not? 

Yes, it’s still educational and can still count as distance learning. 


10- A professor wishes to use a textbook he considers too expensive. He makes copies of the book for the class. Is this Fair Use, why or why not? 

No, because it affects the market for the book and uses the entire work instead of a limited portion.


11- A teacher or student creates a presentation and incorporates copyrighted music into the background. Assume that permission was not obtained to use the music for the presentation. Can the music be included in the teacher’s or student’s initial presentation?  Is this Fair Use, why or why not?

Yes, this is fair use because it’s used in an assignment for educational purposes and it doesn’t affect the market for the music. 


12- A professor teaches a music course, and the professor creates a presentation. The presentation contains the works of ten contemporary artists and is presented to a new class every semester. Is this Fair Use, why or why not? 

Yes, this is fair use because it’s for educational purposes and, even though it’s repeated, it’s not accessible in an unlimited way to the students outside of class. 

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