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Copyright and Fair Use:

Common Scenarios
This guide is one-stop shop for
understanding Copyright and Fair Use
especially in regards to legal use of teaching
materials.

Copyright & You

Compliance Guidelines

Common Scenarios

Course Resources Fair Use

Public Domain

Info for Faculty Authors

The Lawsuits Help

COMMON COPYRIGHT SCENARIOS

The scenarios to the right are intended to

help faculty and students evaluate fair
use. These scenarios are illustrative, not
exhaustive.

The examples deal with situations

involving:

Printed Materials
Video Recordings
Multimedia Projects
Distance Education
Electronic Course Reserves

PRINTED MATERIALS

Journal Article for Classroom Use

SCENARIO 1: A professor 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.

Posting Copyrighted Article to Web Page

SCENARIO 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.

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.

Coursepacks

SCENARIO 3: A professor copies excerpts of

documents, including copyrighted text books and

journals, from various sources. The professor

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. Instructors typically

delegate this task to one of the following:

clearance services, university bookstores or copy

shops, or Department administration.

Textbooks

SCENARIO 5: A professor 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 6: A professor 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.

Public Domain Materials

SCENARIO 7: 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.

Unpublished Letters

SCENARIO 8:A professor of psychology desires to

edit and publish a collection of unpublished letters

in the library archives.

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.

Journal Article for Personal Use

SCENARIO 9: A professor 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 professor uses the

article for her personal files and reference.

Out-of-Print-Book

SCENARIO 10: A library has a book that is out of

print and unavailable. The book is an important

one in the professor's field that she needs for her

research. The professor would like to copy the

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 professor

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.

SCENERIO 11: Using the same facts as explained

in SCENARIO 10 could the professor copy the

FAQs

book and place the book on reserve in the library?

Could the professor scan the book into her

computer and place the book onto the World Wide

Web?

FAIR USE? If the professor 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.

VIDEO RECORDINGS

Showing a Videotape for Classroom

Instruction

SCENARIO 12: 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.

Copying a Videotape for Classroom

Instruction

SCENARIO 13: A teacher makes a copy

of the videotape described in SCENARIO
12 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.

Renting a Videotape That Is in the

Public Domain for Nonclassroom Use

SCENARIO 14: 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.

Renting a Videotape That Is Copyright-

Protected for Nonclassroom Use

SCENARIO 15: The facts are the same as

those in SCENARIO 14 except that the
movie is protected by copyright.

FAIR USE? No, because it infringes the

copyright owner's right to market the
work.

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MULTIMEDIA PROJECTS

Classroom Presentation

SCENARIO 16: 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.

Electronic Transmission or Broadcast

of Classroom Presentation

What if the presentation incorporating the

photographs discussed in SCENARIO 16
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.

Broadcast of Classroom Presentation

to Home or Office

What if the presentation discussed in

SCENARIO 16 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.

Videotaping of Classroom Presentation

What if the teacher's or student's

presentation explained in SCENARIO 16
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.

Broadcast of Videotaped Classroom

Presentation

What if the SCENARIO 16 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.

Incorporation of Photographs in an
Electronic Presentation (Excluding the
Internet)

What if the SCENARIO 16 presentation is

included in an electronic presentation
such as Microsoft's Power Point?

FAIR USE? Yes. This should be

considered fair use as long as the
electronic presentation is for educational
or instructional use.

Making Changes to Photographs

What if the student or teacher were to

change the attributes of the pictures
discussed in SCENARIO 16?

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.

Use of Copyrighted Music

SCENARIO 17: 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.

Use of Music Over Two-Way Interactive

Video (GSAMS)

Same facts as SCENARIO 17. 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.

Use of Music in Videotaped Classroom

Presentation

What if the teacher's or student's

presentation described in SCENARIO 17
is videotaped?

FAIR USE? Yes. This is fair use if

instruction is occurring.

Use of Music in Broadcast of

Videotaped Classroom Presentation

What if the SCENARIO 17 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.

Use of Music in an Electronic

Presentation (Excluding the Internet)

What if the SCENARIO 17 presentation is

included in an electronic presentation
(excluding the Internet)?

FAIR USE? Yes. This is fair use if

instruction is occurring.

Use of Music as Content in a

Classroom Presentation

SCENARIO 18: A professor teaches an

opera 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.

FAIR USE? Yes, as long as the use of the

presentation continues to be for
instruction.

Use of Music in Classroom

Presentations on the Internet

The opera classroom presentation

(SCENARIO 18) or the presentation
containing background music (SCENARIO
17) 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.

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DISTANCE EDUCATION

Videotape of Telecourse

SCENARIO 19: Institution A creates a

telecourse. 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
telecourse to students who have signed
up for a telecourse at Institution A?

FAIR USE? Yes. Most experts believe that

showing the videotape to students
enrolled in the telecourse is a fair use.

Videotape of Telecourse Shown at

Other Institutions

Assume same facts as in SCENARIO 19.

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 telecourse is a fair use.

Telecourse via the Internet

Assume same facts as in SCENARIO 19.

What if the telecourse is transmitted via
the Internet?

FAIR USE? If the telecourse is broadcast

and there is open access, the audience is
no longer clearly defined. A rebroadcast
over the Internet to a global audience is
probably not a fair use. A restricted
broadcast of the telecourse is a fair use.

Remote Access of Searchable Database

via the Internet

SCENARIO 20: 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 webserver. 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.

Student Project for Distribution on the

Internet

SCENARIO 21: 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.

Student Project on the Internet with

Restricted Access

Same facts as SCENARIO 21, however,

access to each student's Web page will be
restricted to other students in the class.

FAIR USE? Yes.

Use of Commercial Videotape

SCENARIO 22: 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 22, 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 22, 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.

Taping On-Air Programming

SCENARIO 23: 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.

Retention of Tape of On-Air

Programming

Assume there are technical difficulties in

SCENARIO 23 and the remote sites
replay the tape containing the program
segment.

FAIR USE? Yes. The use is for

instructional purposes.

Retention of Videotape of Copyrighted

Material

SCENARIO 24: Institution E records a

two-way interactive video (GSAMS) class
that contains copyrighted works. The
tapes are kept for the entire quarter 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.

Use of a Videotape of a GSAMS Class

Containing Copyrighted Material

What if the professor who conducted the

class in SCENARIO 24 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
a professor does not make the showing of
the tape to a community group an
educational use. One would need to
conduct a fair use analysis.

Rebroadcast of a Videotape of a Two-

Way Interactive Video (GSAMS) Class
Containing Copyrighted Material

SCENARIO 25: 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.

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ELECTRONIC COURSE RESERVES

Placing a Book Chapter on the

Library's Electronic Reserves

SCENARIO 26: A professor wants to add

a book chapter to the library's electronic
reserve system.

FAIR USE? Yes. The chapter may be

added if access to the system is limited to
students enrolled in the class.

Retention of Book Chapters on

Electronic Reserve

SCENARIO 27 : The professor in

SCENARIO 26 will be teaching the same
course for three successive terms. She
wants to leave a book chapter on the
electronic reserve system for this period
of time.

FAIR USE? Yes. The use is fair if access

is limited to students and the work is out
of print and not readily available.
However, if the book is currently in print,
then a fair use analysis using the four fair
use factors is required.

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Last Updated: Apr 12, 2024 12:44 PM

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