IS IT FAIR USE?

A teacher 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. IS THIS FAIR USE?

• YES
• NO if access is open to the public, then this use is not a fair use. 

Our coaches want to play a DVD of video clips set to music from the past season's games at the Sports Banquet. If we don't add music to the DVD itself, but play a CD of the music during the show, would this be permissible under Fair Use Guidelines?

• YES
• NO Only face-to-face teaching situations qualify for Fair Use exemptions. 

A teacher is accessing a personal iTunes account at school. Students are then able to use entire songs for their projects, or save them to their own MP3 players or computers. Is this a problem since the teacher has paid for the subscription and it says downloaded songs may be placed on up to "5 different compatible devices"?

• YES
• NO using the entire song would not be acceptable, not is it legal to "file share" [allowing the students to download songs for their own personal use].

An instructor wants to include photographs or music in a PowerPoint presentation for his class lecture. Does he need to seek permission from the copyright owners to do so? What if he wants to make changes to the photograph or music file?

• YES the use occurs in the face-to-face classroom plus changes made to enhance his instructional purpose
• NO

A teacher wishes to show a copyrighted motion picture to her class for instructional purposes.

• YES Yes, since it is for classroom instruction and no admission fee is charged. 
• NO

A teacher makes a copy of the videotape described in SCENARIO 12 for a colleague to show in her class at the same time.

• YES
• NO The teacher may lend her personal copy of the videotape to a colleague for this purpose

You are the faculty advisor for the French club. Your club members decide they would like to watch Amelie as part of their next meeting. You meet in the student union. May you screen the film without permission?

• YES
• NO This would be considered a public performance, because the screening is in a publicly accessible place and open to anyone.

 For a media production course, students have created a music video using the Beatles' song “Strawberry Fields Forever” that features teens lip-syncing and playing air guitar along with footage of a teen couple walking hand-in-hand in a graveyard. They post the video to You Tube

• YES The use of interactive video for educational instruction is considered a fair use.
• NO

A professor copies one article from a periodical for distribution to the class.

• YES Distribution of multiple copies for classroom use is fair use
• NO

A teacher copies a Shakespearian play from a copyrighted anthology.

• YES The play is in the public domain and not subject to copyright protection.
• NO