This document provides summaries of scenarios involving potential fair use of copyrighted materials in educational settings. It addresses issues like a teacher copying a journal article for classroom use, posting copyrighted works online, using copyrighted music in presentations, showing videotapes for instruction, copying videotapes for other teachers, and renting public domain or copyrighted videos for fundraising. For each scenario, it gives a brief yes or no response to whether it constitutes fair use and a short justification.

1. To use or not to use
Fair use or not

2. Journal article for classroom
use
A teacher copies one article from a
periodical for distribution to the
class.
Fair Yes NO
Use?

3. Yes, with the following caveat. Distribution of
multiple copies for classroom use is fair use.
However, the repeated use of a copyrighted
work, from term-to-term, would require the
teacher to re-evaluate for fair use. Repeated
use, as well as a large class size, may weigh
against fair use.

4. Posting Copyrighted Work on a
Web Site
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.
Fair Yes NO
Use?

5. 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. However, if access to the web page is
restricted to only the students in the class, then it is more
likely to be fair use. Place password protection on the site to
limit access.

6. Use of copyrighted music
A teacher or student creates a presentation uses
copyrighted music in the background. Assuming
that permission was not obtained from the
copyright owner, can the music be included in
their presentation?
Fair Yes NO
Use?

7. Yes, if instruction is occurring

8. Showing a Videotape for Classroom
Instruction
A teacher wishes to show a copyrighted motion
picture to her class for instructional purposes.
Fair Yes NO
Use?

9. Yes, since it is for classroom instruction and no admission
fee is charged.

10. Copying a Videotape for Classroom
Instruction
A teacher makes a copy of the videotape
described in the previous scenario for a colleague
to show in her class at the same time.
Fair Yes NO
Use?

11. No. The teacher may lend her personal copy of the
videotape to a colleague for this purpose. Copying the
videotape would infringe upon the copyright owner to
market his product.

12. Renting a Videotape That Is in the Public
Domain for Non-classroom Use
A teacher 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 Yes NO
Use?

13. Yes. The copyright of the motion picture has expired,
which places the motion picture in the public domain.

14. Renting a Videotape That Is Copyright-
Protected for Non-classroom Use
The facts are the same as those in the previous
scenario except that the movie is protected by
copyright.
Fair Yes NO
Use?

15. No, because it infringes the copyright owner's right to
market the work.

16. That’s It
This concludes the scenario-based copyright training.