Copyright & Ethical Issues
Copyright Primer: Fair Use Copyright Quiz
by Hall Davidson
The Copyright Quiz may be reproduced (with attribution) for educational purposes from halldavidson.net
©2001, Hall Davidson - hall@cccd.edu
by Hall Davidson
The Copyright Quiz may be reproduced (with attribution) for educational purposes from halldavidson.net
©2001, Hall Davidson - hall@cccd.edu
1. The owner of the local video store supports the school by donating one DVD rental-free to the school every Friday. The video is shown in the multi-purpose room to reward students with perfect attendance that week. It does improve attendance. This falls under “fair use."
- Based on the 1981 guidelines from a congressional subcommittee, this is not fair use. There are several reasons this is not fair use: the video rental is not paid for, it is not shown to all students- only those with perfect attendance, it is shown for entertainment instead of educational purposes. According to the 1981 guidelines, the video can be shown for student instruction and not student entertainment.
- This is not fair use. The teacher violated fair use by adding the single-user software program to the LAN. If the teacher had installed it onto one computer at the school, then that may have been within the fair use limits.
- The teacher or school was allowed 45 days after the date of the original recording to share the video with students. Retaining the tape and showing it to students over the course of several years is not fair use
- This one depends of the license that accompanies the software. If the software allows for a single copy to be used school-wide then it is permissible. Otherwise, each classroom or student would need their own licensed copy of the software if that is what the software license requires. Placing it on the server is an issue as well and likely does not fall under fair use.
- When purchasing a computer program, the license for a user is typically included in the form of the EULA. However, they are not exactly the same thing.
- This is fair use: the rental is paid for, it being used for educational purposes for all students in her class, and the teacher is using part of the film instead of the entire film.
- This is fair use if the student includes credit to the sources and follows the other guidelines to ensure that the work is attributed to to the correct source.
- Not necessarily key, but asking for permission and being given it eliminates the need for many of the fair use guidelines. With the permission of the copyright owner an educator can use the material within the owners permission
- This is fair use, the pages are for educational use and are cached. It would be similar to using print documents
- This is mixed. It is fair use for the teacher to use the recording during the current school year, not subsequent years. The students can digitize parts of the broadcast for a multimedia project as long as they are only using part of the broadcast and not the entire thing. Attributions should still be made. In all this is okay.
- This is not fair use. The website that the student linked to may not have had permission or used fair use policies to post it. The student should find the original and provide credit to the author or find a site that uses it within fair use guidelines.
- This is not fair use. The teacher should not post it to the school LAN, it was not intended for widespread use for a single-user version of the encyclopedia.
- This is permissible, the school purchased the tutorial and the use of it is removed from personal computers. It is assumed that the school follows appropriate use measures, as they are liable if they are not followed for sharing the software with students. Also, it is permissible because one student "uses" it/ checks it out at a time.
- Because there is a financial award this is not fair use.
- Because there is a financial aspect of the work being shown, this is not fair use.
- It depends on the length of the clips, however in general this is not fair use unless permission is granted to use the songs.
- This is not permissible. The school should use one copy of KidPix on one machine, and have a back up in case the original fails.
- Because it is the teacher's original work, and he because he won the lawsuit it seems that his work was copy written and the use by others was not permissible. It does seem that he should not have placed his grading program on the network where others had access to it, if he did not want them to use it.
- This is not fair use. Permissions should be requested to use the lyrics.
- This is fair use, its a live broadcast intended for educational purposes.
Local District Copyright Policy