Copyright & Fair Use

Example Scenarios

Example Scenarios

Example Scenarios

Use the scenarios below to check your understanding of copyright and electronic materials. Evaluate the legality of each of the scenarios below and then read the brief description of the copyright concerns involved.

1. You have scanned the entire text of F. Scott Fitzgerald'snovel "This Side of Paradise" (1920) and placed it on Blackboard for your students to use. Is this use okay?

   Yes, Any works published before 1923 are considered to be in the public domain and may be freely copied for any purpose as long as it does not contain any content created after 1923, such as cover art, introductions, criticism, or other notes added to the text.

2. You have scanned an advertisement from a recent issue of Time magazine and placed it on your course's Blackboard site for your students to interpret and critique. Is this use likely to be considered a fair use?

   Yes, your use of the advertisement for a different purpose and in a different context is transformative. The fact that the work is recent, that you have limited copies to students in the class, and that the site is password protected would also weigh in favor of fair use.

3. You have found a website which legally streams a copyrighted version of the title track from Bob Seger's 1976 album "NightMoves." You decide to add a link to this page on your course's Blackboard site so that students can listen to the song. Is this use okay?

   Yes, linking to authorized material is not copyright infringement. Bear in mind that not all file-sharing sites are legal, so it is important to verify your source.

4. On Blackboard, you posted an electronic copy of a book published in 1971 by an American Author. The work was published without a copyright notice, so you assume it is not protected. Is this use okay?

   Yes, any material published between 1923 and 1976 without a copyright notice is not protected by copyright. You may use it without seeking permission. Different rules apply for material published without a copyright notice after 1976. US works first created and published between 1976 and 1989 without a registered copyright are not protected. However, many authors have retrospectively applied for copyright and their works may now be protected. US works created after 1989 do not require a copyright notice in order to be protected. See chart in Section 3, "Duration of copyright protection."

5. You make multiple copies of a pamphlet created this year and posted on the U.S. Department of Health and Human Services website (http://www.hhs.gov/). The pamphlet lists nutrition andhealth standards. Is this use permitted by copyright law?

   Yes, as a U.S. government work, the pamphlet is in the public domain, and may be used freely by anyone.

6. You have scanned a book written by one of your colleagues at another university. She has given you written permission topost the work on your Blackboard site. Is this use permitted under copyright law?

   No, not without the consent of the publisher or rightsholder. In most cases, the author has assigned rights to the publisher as a condition in the 'extent of license' clause. If the author owns the copyright, the author may grant this permission. Many authors assign their copyrights to their publisher. In this more common scenario, only the publisher could provide permission to use the work. If the author does not own the copyright, the author is no longer in a position to grant permission to digitize the book.

   When using portions or a single chapter of a work, one needs to consider the four factors of fair use.

7. Is it permissible to distribute copies of 17 U.S.C.Section 107, the federal law governing fair use of copyrighted works, to a class?

   Yes, Federal statutes are not protected by copyright and may be copied and distributed.

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