Friday, December 8, 2006

Scenarios (3)

Scenario 1
Carol Kotter has recently started using PowerPoint lectures in her classes. To keep the presentations lively, Carol likes to include hip hop and rap music in the lectures. She also likes to include current photos from the news.

Are these uses permitted?
Yes, if the instruction takes place in a face to face classroom.

§ 110. Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;. . .

What if Carol wanted to change the music or pictures?
“In addition, changes made to enhance his instructional purpose, e.g. commentary, criticism, even parody, are activities allowed under the fair use provisions.”

This scenario was adapted from Copyright Scenarios from the University of Minnesota Libraries -

Scenario 2
Lacey Lottey wants to have her students read some material that is not in the class text. This includes a single chapter from 3 books and several journal articles. Lacey copies these articles and puts them on reserve in the library. The reserves can only be checked out by students enrolled in Lacey’s class.

Are these uses permitted?
Such copies are subject to the Fair Use provisions of the law. One would need to apply the fair use “Four Factors” balancing test to determine if the use is permitted. This is true whether the use is with traditional paper or with e-reserves. See the Four Factors Handout.
This scenario was adapted from Copyright Scenarios from the University of Minnesota Libraries -

Scenario 3
Hank Holly teaches American Government and regularly makes copies from news magazines and newspapers that he distributes to his class.

Is this use permitted?
Yes, as long as the uses are one time uses and not repeated from term to term. See the Classroom Guidelines handout.

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