Copyright Case #1
Professor A. teaches a course about American cities, specifically focusing on Chicago and New York City. As a part of the course in his face-to-face version he uses two video sets, Chicago – City of the Century (http://amzn.to/nEJmh8) and Ric Burns’ New York (http://amzn.to/qSYens). Typically he uses portions of 2 of the 3 discs in the Chicago set, and shows all 5 of the New York videos.
As Professor A begins to move his course to an online format he is faced with the problem of how to show the videos to his online students. Please consider the following questions:
- Can Professor A. digitize and stream the videos to his students?
- What could he do to minimize the risk of copyright violations and follow fair use?
- What are other options Professor A. might consider?
Professor A. can digitize and stream the videos as long as it is limited use only for students enrolled in his course, and not available for public viewing. He is using the videos in a non-commercial, educational setting so this use is not affecting the market or sale of these videos in any way. He is minimizing his risk of copyright violation by only showing relevant portions of the videos to his class, but he may even be able to narrow down his usage of the New York videos even more. Alternatively, Professor A. could have students research Chicago and New York on their own, through the library or scholarly online sources, rather than watching videos provided for them.
Copyright Case #2
Professor G. teaches a course in arts education. He has written many papers on the subject and as he moves his course online he would like to use some of them as readings for his course. He puts several of the articles up in his ANGEL course, but is then told by a colleague that he may be violating copyright law. Upon further inquiry, Professor G. is told that he must pay the publisher a certain amount of money per article, per semester in order to use them in his course.
- How do you interpret this case? Is the publisher in the right to request payment?
- Could Professor G. make a case for fair use? How?
- What are some options Professor G. has for disseminating his work to students?
In this situation, I do not believe the publisher is in the right to request payment. Professor G. wrote the articles and it is in his right to use them in this private, educational setting. By posting the article within his ANGEL course, it meets all four factors in ensuring its fair use status. The articles are being used for educational purposes, the nature of the articles relate to the objectives of the course, the amount of articles have been limited to ensure their relevancy, and posting them does not affect the market or sale of the articles. Professor G. is allowed to disseminate his work in this private, controlled setting for the benefit of his students.
Copyright Case #3
Professor M. is an avid “screencaster,” often creating several short narrated slideshows each week that she puts online for her students. Because Professor M. knows the power of imagery, she often uses visuals to help illustrate her points. Her students often give her positive feedback about these materials. Professor M. uses Google’s image search to find relevant images for her presentations, then puts them into her slideshows. One day, a publishing company approaches Professor M. about using her slideshows in an upcoming textbook. Please consider the following about Professor M’s case.
- Is Professor M. violating copyright/fair use by using images from Google’s image search?
- If you determine she is in violation, what might she do to come into compliance?
- What about the offer from the publishing company? Can Professor M. sell them her slideshows?
Professor M. is violating copyright/ fair use by using images from Google images if she is not citing the sources in which she found them. As long as she includes the url from which she pulled the images, she would be able to use the photos for private use with her students within the limited academic setting. Professor M. would only be able to sell the publishing company her slideshows if she was given rights to the photos that she utilized. I believe she would be violating the copyright of the images, even if the sources were cited, if she made money off the sale and distribution of the images without proper rights.
Copyright Case #4
Professor D. is a tech savvy instructor who teaches film studies and multimedia creation in an online format. As a part of her course, she has an assignment where she models several video “remixes” – videos created from one or a variety of sources that often take inspiration from or follow known storylines (see http://www.youtube.com/watch?v=2T5_0AGdFic) – that she has created and then asks her students to create their own remixes and share them with others via YouTube.
Professor D. also takes short clips from Hollywood movies and presents them to the class as a part of her lectures to illustrate various topics associated with film creation and criticism. She owns the DVD’s of each movie and uses a “ripper” to pull portions of the clips, then places them into her University’s learning management system so only her students have access.
- Is Professor D violating copyright/fair use in her remixing activity? Why or why not?
- Are her students violating copyright/fair use in their remixing assignment?
- Is Professor D violating copyright/fair use in her use of the short Hollywood clips? Why or why not?
Professor D. is not violating copyright/fair use in using the video clips for both the remixing and lecturing activities because the purpose of the clips is transformative from their original purpose. She is not showing the clips for the student’s entertainment, but rather for limited educational purposes for the benefit of her students. She is also being selective in the amount of content she is using with the students, rather than showing the entire films, students are only experiencing clips that relate to the educational objectives of the course. This may intrigue the students to watch the entire film in the future, perhaps even having a positive impact on the market and sale of these films. It seems that Professor D. is meeting all four factors in ensuring the material’s fair use status, and not violating the copyright in anyway.