Copyright Primer: Fair Use Copyright Quiz by Hall Davidson
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”.
No, this is not fair use. As the guidelines states, “use (of video for viewing) must be instructional, not for entertainment or reward.” Also, the video is being shown in the multi-purpose room and must be used in a classroom.
2. A teacher buys a single-user program with department money and puts it on the Local Area Network (LAN). It is frequently used by several teachers at the same time. This is done in violation of a written district policy against using single-user programs on the LAN. After two years, the software company takes action against the individual teacher. The district is also liable. Yes, the district and the teacher would be liable. The program was put on the LAN, which makes the district responsible.
3. On her home VCR, a history teacher taped the original ABC news report of Nixon leaving the White House after resigning. She uses the entire news program every year in her classroom. This is fair use.
No, it is not acceptable use because the taped report can only be used freely for ten days.
4. A school purchases a single copy of a math program and installs it on the server so it can be accessed by classrooms throughout the school and also on the stand-alone computers in the portables. The policy is that only one class can use it at a time and the policy is religiously enforced. Permissible.
Yes, this is acceptable if only one class at a time uses it as stated by the policy and one machine at a time.
5. Purchasing a computer program is the same as licensing it.
No, purchasing a computer program is not the same as licensing it. Purchasing does not mean you can use the program any way you would like, you still have to follow the terms and conditions. You are merely purchasing a right to use the software.
6. A teacher rents Gone With the Wind to show the burning of Atlanta scene to her class while studying the Civil War. This is fair use.
Yes, this is fair use. The clip is being shown in the classroom for instructional purposes.
7. Copyrighted material used without permission in multimedia projects may remain in the student’s portfolio forever.
Yes, as long as the material archived and is not publicly distributed.
8. Asking for permission is key to fair use protection in education.
Yes, when in doubt ask permission but following the Copyright and Fair Use Guidelines is also important.
9. Using a legal copy of an off-line Web Browser, a district technology specialist downloads and caches educational and non-educational web pages for school Internet trainings. This is fair use.
Yes, this is fair use because the the pages are being privately stored and will be used for educational purposes.
10. A science teacher asks the school librarian to record a great episode of Reading Rainbow on its original broadcast on 3/02. He figures on using it for years. His students digitize parts for a multimedia class project. This is okay.
Yes, because Reading Rainbow is a PBS show it is an enlightened rights holder.
11. A student finds a photo online dramatizing a pre-Columbian Viking landing in America. Since the school symbol is the Viking, he posts this photo on the school web page. It links back to the original website. This is fair use.
No it is not fair use. The student needs to have permission to use the photo and the link.
12. A student doing a multimedia report copies the video of Kennedy’s “We shall go to the moon” speech from the CD-ROM version of Groliers Encyclopedia. Her teacher posts the project on the school LAN. This is fair use.
No this is not acceptable use. Copying from the Groliers CD-Rom is not acceptable. Downloading from their website would be if for student/educational use but not from the CD-Rom.
13. A school purchases a typing tutorial program and houses it in the library. It is checked out to students to take home. By enforced policy, the homes erase the program at the end of the two week checkout period. Permissible? Yes, this is permissible. The library can allow its patrons to check out software programs
14. A student building a multimedia art project uses copyrighted images of Frank Lloyd Wright buildings downloaded from the web. He submits this project to her state’s Student Multimedia Festival (and others) honoring classroom work and wins the $1,000 prize for the school. This is permissible under fair use.
Yes, this is fair use because images may be downloaded from the Web for student projects.
15. The teacher of the winning multimedia project mentioned above shows it at an art conference for educators. It cost $50 to attend the conference and the teacher is awarded free attendance because he is a presenter. This is fair use.
Yes, this is still fair use because it is still being used in an educational setting.
16. A high school sells a student video yearbook made by volunteers for $25 to raise money for equipment for the school. They use popular music clips. The money all goes to the school. The songs are fully listed in the credits. Fair use.
Since this is a fundraiser, I would say no it is not fair use.
17. A school can only afford one copy of KidPix. It loads this onto the library computer and all students and all classes have access to it all day. The teachers copy and install KidPix Player on their classroom computers to evaluate the student work. This is permissible.
This is only permissible if the license indicates that the software can be used in this way. Usually purchased software is just for one machine at a time.
18. A teacher creates his own grading program. He transfers to another school and forgets to delete the program from the network. Everyone at his old school copies and uses the program. He sues the school and wins. He is likely to receive a significant monetary reward.
His intellectual property has definitely been stolen; however, I don’t know if he will receive significant monetary reward. I guess that would depend on if he intended to sell the software to the public or just use it for his personal use.
19. An elementary school transcribes the lyrics from the album CATS for the school mini- musical. There is no admission charge. Fair use applies.
I would say this is not fair use. The guidelines indicate that excerpts from a longer work may be used; however, this states the lyrics from the album– which is not an excerpt. The school would need to purchase the rights to the musical.
20. An enterprising media aid tapes 60 Minutes every week in case teachers need it. This is fair use.
No, this is not fair use because the teachers did not specifically ask for the show to be taped. Teachers would need to ask for a specific episode to be taped for the intent of being used in an educational setting.
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