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Links on this guide may go to external web sites not connected with Randolph Community College. Their inclusion is not an endorsement by Randolph Community College and the College is not responsible for the accuracy of their content or the security of their site.
SCENARIO 1: An instructor copies one article from a periodical for distribution to the class.
FAIR USE? Yes. Distribution of multiple copies for classroom use is fair use. However, the repeated use of a copyrighted work, from term-to-term, requires more scrutiny in a fair use evaluation. Repeated use, as well as a large class size, may weigh against fair use.
SCENARIO 2: An instructor 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? 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. If access to the web page is restricted, then it is more likely to be fair use.
SCENARIO 3: An instructor copies excerpts of documents, including copyrighted text books and journals, from various sources. The instructor plans to distribute the materials to his class as a coursepack.
FAIR USE? Generally speaking, you need to obtain permission before reproducing copyrighted materials for an academic coursepack. It's the instructor's obligation to obtain clearance for materials used in class.
SCENARIO 4: An instructor wishes to use a textbook he considers to be too expensive. He makes copies of the book for the class.
FAIR USE? No. Although the use is educational, the professor is using the entire work, and by providing copies of the entire book to his students, he has affected the market. This conduct clearly interferes with the marketing monopoly of the copyright owner. The professor should place a copy on reserve or require the students to purchase the book.
SCENARIO 5: An instructor decides to make three copies of a textbook and place them on reserve in the library for the class.
FAIR USE? No. This conduct still interferes with the marketing monopoly of the copyright owner. The professor may place a copy of the textbook, not the copies, on reserve.
SCENARIO 6: A teacher copies a Shakespearian play from a copyrighted anthology.
FAIR USE? Yes. The play is in the public domain and not subject to copyright protection.
SCENARIO 7: A psychology instructor desires to edit and publish a collection of unpublished letters in a library archive.FAIR USE? The answer to this scenario requires further information. Has the copyright protection expired? Are the letters subject to any agreement the library made with the donor? Can the author or authors of the letters be located? Is the library agreeable to publication? This is the type of problem that requires a detailed legal and factual analysis. One should consult the institution's office of legal affairs for advice.
SCENARIO 8: An instructor wishes to make a copy of an article from a copyrighted periodical for her files to use later.
FAIR USE? Yes. This is a classic example of personal fair use so long as the instructor uses the article for her personal files and reference.
SCENARIO 9: A library has a book that is out-of-print and unavailable. The book is an important one in the instructor's field that she needs for her research. The instructor would like to copy the library's book for her files.
FAIR USE? Yes. This is another example of personal use. If one engages in the fair use analysis, one finds that: (1) the purpose of the use is educational versus commercial; (2) the instructor is using the book, a creative work, for research purposes; (3) copying the entire book would normally exceed the bounds of fair use, however, since the book is out of print and no longer available from any other source, the copying is acceptable; (4) finally, the copying will have no impact on the market for the book because the book is no longer available from any other source.
SCENARIO 10: Using the same facts as explained in SCENARIO 9 could the instructor copy the book and place the book on reserve in the library? Could the instructor scan the book into her computer and place the book onto the World Wide Web?
FAIR USE? If the instructor placed the book on reserve in the library, the use would be considered a fair use. However, if the professor placed the book on the Web, then the use is not a fair use. Placement on the Web allows unlimited access to the book. This would affect the copyright holder's public distribution of the book.
SCENARIO 11: A teacher wishes to show a copyrighted motion picture to her class for instructional purposes.
FAIR USE? Yes, since it is for classroom instruction and no admission fee is charged. Tuition and course fees do not constitute admission fees.
SCENARIO 12: A teacher makes a copy of the videotape described in SCENARIO 11 for a colleague to show in her class at the same time.
FAIR USE? No. The teacher may lend her personal copy of the videotape to a colleague for this purpose.
SCENARIO 13: A professor 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.
FAIR USE? Yes. The copyright of the motion picture has expired, which places the motion picture in the public domain.
SCENARIO 14: The facts are the same as those in SCENARIO 13 except that the movie is protected by copyright.
FAIR USE? No, because it infringes the copyright owner's right to market the work.
SCENARIO 15: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs.
FAIR USE? Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.
What if the presentation incorporating the photographs discussed in SCENARIO 15 is broadcast to a distant classroom?
FAIR USE? Yes. This use would be considered fair use, as long as the presentation is broadcast for remote instruction.
What if the presentation discussed in SCENARIO 15 is broadcast to students at their homes or offices?
FAIR USE? Yes. This use would be considered fair use if the individuals are enrolled in a course and viewing the presentation for purposes of criticism, comment, teaching or instruction, scholarship, or research.
What if the teacher's or student's presentation explained in SCENARIO 15 is videotaped?
FAIR USE? Yes. This use would be considered fair use, if the videotape is used for educational purposes such as student review or if the videotape is for instruction.
What if the SCENARIO 15 presentation incorporating the photographs is videotaped and rebroadcast? Is this a fair use?
FAIR USE? Yes. The use of the photographs is fair use as long as the presentation is videotaped and rebroadcast only for instruction.
What if the SCENARIO 15 presentation is included in an electronic presentation such as Microsoft's PowerPoint?
FAIR USE? Yes. This should be considered fair use as long as the electronic presentation is for educational or instructional use.
What if the student or teacher were to change the attributes of the pictures discussed in SCENARIO 15?
FAIR USE? Yes. This would be considered fair use for education, comment, criticism, or parody. One must inform the audience that changes were made to the photographer's copyrighted work.
SCENARIO 16: 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?
FAIR USE? Yes. This is fair use if instruction is occurring.
Same facts as SCENARIO 16. The presentation is broadcast to a distant classroom using two-way interactive video (GSAMS).
FAIR USE? Yes. The use of interactive video for educational instruction is considered a fair use.
What if the teacher's or student's presentation described in SCENARIO 16 is videotaped?
FAIR USE? Yes. This is fair use if instruction is occurring.
What if the SCENARIO 16 presentation is videotaped and rebroadcast?
FAIR USE? The answer is not clear. If instruction is occurring and there are no admission charges to the rebroadcast, the presumption is that it may be fair use. Tuition and course fees do not constitute admission fees.
What if the SCENARIO 16 presentation is included in an electronic presentation (excluding the Internet)?
FAIR USE? Yes. This is fair use if instruction is occurring.
SCENARIO 17: A music teacher creates a presentation for a survey of music course. The presentation contains the works of ten contemporary artists and is presented to a new class every semester.
FAIR USE? Yes, as long as the use of the presentation continues to be for instruction.
The classroom presentation (SCENARIO 17) or the presentation containing background music (SCENARIO 16) is placed on the Internet.
FAIR USE? Yes, so long as access is restricted, e.g., by use of a password or PIN or other means.
SCENARIO 18: Institution A creates an online course. The course contains copyrighted text, video, audio, and photographs relevant to the class. If Institution A did not obtain permission to use the copyrighted materials, can Institution A show the videotape of the online course to students who have signed up for an online course at Institution A?
FAIR USE? Yes. Most experts believe that showing the videotape to students enrolled in the online course is a fair use.
Assume same facts as in SCENARIO 18. If Institution A did not obtain permission to use the copyrighted materials, can students at Institution B enroll and receive credit for the course at Institution B?
FAIR USE? Yes. Most experts believe that showing the videotape to students enrolled in the online course is a fair use.
Remote Access of Searchable Database via the Internet
SCENARIO 19: A faculty member at Institution C creates a searchable database of copyrighted materials. The database is used as a part of a distance learning course and is available on the institution's web server. Students enrolled in the course access the course materials from home, work, and other areas that are not traditional classrooms. Access to the database is controlled and available only to students enrolled in the class. The faculty member did not obtain permission to use the copyrighted materials.
FAIR USE? Yes. So long as the materials are being accessed for educational instruction and access remains controlled.
SCENARIO 20: A student is taking a distance learning class in which the instructor has required that a particular assignment be created for unlimited distribution on the web. A student includes an audio segment of copyrighted music (video, news broadcast, non-dramatic literary work).
FAIR USE? No. Since the teacher specifically stated that the project is being created for distribution over the web, this is not a fair use of any of the listed copyrighted materials and permission should be obtained.
Same facts as SCENARIO 20, however, access to each student's Web page will be restricted to other students in the class.
FAIR USE? Yes.
SCENARIO 21: An instructor is teaching a class delivered on cable television or via two-way interactive video (GSAMS), and she uses a commercial videotape (either in its entirely or a portion), which is sold for instructional purposes, during a class to illustrate a concept covered in the discussion.
FAIR USE? Yes. She is using a commercial video for its intended purpose. Moreover, it is being used to illustrate a concept connected with the class discussion.
Same facts as SCENARIO 21, but the class is distributed over the Internet.
FAIR USE? This is a fair use only if access over the Internet is restricted.
Same facts as SCENARIO 21, but the videotape is not "educational" in orientation.
FAIR USE? Distribution over two-way interactive video or cable television controlled by the institution would be fair use, as would restricted distribution over the Internet. Unrestricted distribution over the Internet is not a fair use.
SCENARIO 22: A faculty member records a segment from a television program. The segment will be shown in a GSAMS class the following day. The remote sites will record the class in the event of technical difficulties.
FAIR USE? Yes.
Assume there are technical difficulties in SCENARIO 22 and the remote sites replay the tape containing the program segment.
FAIR USE? Yes. The use is for instructional purposes.
SCENARIO 23: Institution D records a two-way interactive video (GSAMS) class that contains copyrighted works. The tapes are kept for the entire semester to serve as review for students who may have missed a class or as backup in the event of technical difficulties. At the end of the term, the tapes are erased.
FAIR USE? Yes.
What if the instructor who conducted the class in SCENARIO 23 decides to show the tape to her continuing education class (or to a community group)?
FAIR USE? Yes, showing the tapes to her continuing education class is fair use if she is using the material for educational purposes and no admission fee is charged. Showing the tape to a community group may or may not be a fair use. The fact that the user of the tapes is an instructor does not make the showing of the tape to a community group an educational use. One would need to conduct a fair use analysis.
SCENARIO 24: Institution E records a two-way interactive video class that contains copyrighted text, video, audio, and photographs that are relevant to the class. Institution E rebroadcasts the videotape to a class at Institution F.
FAIR USE? Yes. It is fair use since instruction is occurring.
