Fair Use Scenario: Broadcasting Obama

In a continuing series of scenarios that explore educational fair use issues.

Cheryl, the school media specialist, is concerned about the legality of recording the presidential inauguration and then using her school's closed circuit broadcast system to show it to the entire school (at the request of some of her teachers). Cheryl's school is in a time zone which makes it impractical to get up early enough to watch the inauguration live.

In trying to research such a use, she found a comment saying that anything broadcast over the closed circuit system is considered to be a public performance. One of her teachers who used to work at a TV station thought that one could rebroadcast the news. Cheryl checked C-Span's copyright rules and did not find any specific reference to using their programs on closed circuit. She wrote the network for permission but received no response.

1. What is the copyrighted material? Who owns it?
2. Does the use of the work fall under fair use guidelines? Is the use transformational in nature? Can this be considered "educational" use?
3. What is your level of comfort helping with this event? Are there any changes or limits you might like to see that would make you more comfortable?

Your level of comfort with this use of copyrighted materials: High 5 4 3 2 1 Low

You comments are most welcome.

Image from <www.wosu.org/archive/tv50/index.php>

Fair use scenario - Tony's podcasts

In a continuing series of scenarios that explore educational fair use issues.

Tony, a high school librarian, would like to read short excerpts from books and use them to accompany podcast reviews on his blog. He reasons that printing excerpts from books is allowable under fair use exceptions for criticism. The excerpts would only be two or three paragraphs from novel-length works, each chosen to reinforce a point made in the review. He is confident that this use meets all of the fair use tests (financial impact, educational use, etc.),  but Tony worries that changing the format from print to audio is changing the game.

1. What is the copyrighted material? Who owns it?
2. Does the use of the work fall under fair use guidelines? Is the use transformational in nature? Can this be considered "educational" use?
3. What is your level of comfort helping with this event? Are there any changes or limits you might like to see that would make you more comfortable?

Your level of comfort with this use of copyrighted materials: High 5 4 3 2 1 Low

You comments are most welcome.

Fair Use Scenarios - Ms Nickie and the movie

In a continuing series of scenarios that explore educational fair use issues.

Media specialist Nickie finds out that the 5th grade classes will be watching the movie National Treasure in the media center as the culminating activity for an American history unit. Popcorn is being served and there are no activities or study guides that ask the students to relate the film to what they have studied. The school does not have a public performance license. Ms Nickie is concerned this doesn't qualify as fair use.

1. What is the copyrighted material? Who owns it?
2. Does the use of the work fall under fair use guidelines? Is the use transformational in nature? Can this be considered "educational" use?
3. What is your level of comfort helping with this event? Are there any changes or limits you might like to see that would make you more comfortable?

Your level of comfort with this use of copyrighted materials: High 5 4 3 2 1 Low

You comments are most welcome.