Fair Use

This module discusses the fair Use exemption to copyright law. After watching the video you should:

  • Have an understanding of the Fair Use exemption to copyright.
  • Recognize and understand the Four Factors of Fair Use.
  • Be familiar with the Fair Use Checklist and the mechanics of making a fair use determination.

Two examples are available for you to practice making fair use determination after viewing the video.

Examples:

1. A distance education course in the World History class has been assigned a chapter from the book The Rules of Empires by Timothy parson, with instructor wishing to put the chapter in K-State Online. Is this fair use? 

2. A distance education course in business has finished a unit discussing special purposes entitled and financial risk. The instructor wants to let their students have fun while reviewing a specific case and would like to put the script for the play ENRON in K-State Online.  Is this a fair use?

 

Answers:

Favoring fair use:
The intended use is for teaching and scholarship at a nonprofit educational institution and only a single chapter, an amount appropriate for the     educational purpose, is to be used. The book is a publisher nonfiction work and a single chapter cannot replace the sale of the full book.
Opposing fair use:

This is not a transformative use as an exact copy of the chapter is being use. In all this use is most likely a fair use.

Favoring fair use:

Again, the intended use is for teaching at a nonprofit educational and the play is a published work.

Opposing fair use:

This is not a trensformative use, as a play it is a highly creative work, and the entire work is being used. 

This is most likely not a fair use.