Copyright Scenarios Module 10 Staci Thomas EDIT 5370 1.

Valerie is a reading teacher taking an online graduate class in science education. She wants to demonstrate how to use childrens literature in a science lesson. She uses a story in her state adopted textbook for an example. She scans in the story for reference, then uploads her lesson to a course discussion board for peer review. Did Valerie violate copyright laws? Four Factor Test The purpose and character Educational - Distributed to teachers who may or may of the use not otherwise have access to the materials The nature of the work The amount and substantiality of the portion used in relation to the work as a whole The effect of the use on the market or potential market for the original work Creative work; whole passage copied She may not have had to include the entire story. She could have just included a passage representing a relevant point. Asking permission from the copyright holder would be best. There is a strong chance that many of her peers have access to the same materials since it is state adopted materials, but because they could use her resource without buying the book, it is not fair use.

2. Greta is a biology student who is tasked to explain the process of photosynthesis in a wiki set up by her biology teacher. She has found an image from a search site that illustrates the Calvin Cycle. She wants to use it to discuss the dark reactions in photosynthesis, but doesnt see anything written that says that the image is protected by copyright. If she includes the image, will she be violating copyright laws? Four Factor Test The purpose and character Educational - Student explanation of the use The nature of the work Digital image; factual information but creative work in creating the illustration.

Four Factor Test The amount and substantiality of the portion used in relation to the work as a whole The effect of the use on the market or potential market for the original work One image from a website. The student could reference the source in her wiki submission.

Since the image was found from a search engine, it probably does not have a market-impact on the creator of the image. However, copyright protection should be checked.

3. Mark is teaching an online physics class. He is having a difficult time explaining quantum mechanics, but he finds a YouTube video that makes the subject understandable. He decides that he could not do a better job than the video, so he copies the link to the video and assigns the students to view it. Did Mark violate copyright laws? Four Factor Test The purpose and character Educational - explain a concept of the use The nature of the work The amount and substantiality of the portion used in relation to the work as a whole The effect of the use on the market or potential market for the original work Creative work with factual information No more than 10% or 3 minutes may be used. Asking permission from the creator of the video would be best if Mark plans to use this for more than 2 years. Since he was freely able to access the video online, the video likely does not infringe on the authors revenue system.

4. Walter has designated a few required textbooks for a research course he teaches. Just before the beginning of the course he has learned that students are having difficulty accessing one of the textbooks. He decides to scan PDF versions from his own copy of that textbook. When a weekly assignment calls for a reading from that textbook, he posts a copy of the assigned chapter. Does this practice violate copyright laws?

Four Factor Test The purpose and character Educational - reference materials of the use The nature of the work The amount and substantiality of the portion used in relation to the work as a whole The effect of the use on the market or potential market for the original work Non-ction materials Copying a few passages or a chapter of a textbook may be fair. No more than 10% or 1000 words may be used.

The test of spontaneity allows him to make these copies available this semester, but he will need to make sure the textbook is better accessible in subsequent semesters.

5. Bob teaches an online statistics course. On of his students, Suzi, has sent him an email asking a question about an assignment. Bob thinks that the question is very relevant and that other students may have the same question. He wants to be fair and make sure that there is no misunderstanding, so he forwards his answer to Suzi (including her original email) to the rest of the class. Does Bob have to ask Suzis permission to pass her email along? Four Factor Test The purpose and character Educational - question from student of the use The nature of the work The amount and substantiality of the portion used in relation to the work as a whole The effect of the use on the market or potential market for the original work Creative work The author of the original email retains ownership of the intellectual property that message contains. However, the instructor could save the message, print it, and forward to a limited number of individuals without the students permission. Because it was sent to the whole class, it is a violation of the individuals license.

6. Tom and Gayles project for their chemistry class was to grow crystals. They set up the growing crystals at Toms house and took pictures regularly to document the growth. When they were finished with the project, they decided to upload the pictures to the chemistry classs website. They thought that watching a montage of pictures

did not seem very exciting so they uploaded a song Gayle had on her iPod to go along with the pictures. Did any part of the couples project on the website violate copyright laws? Four Factor Test The purpose and character Educational - product of project of the use The nature of the work The amount and substantiality of the portion used in relation to the work as a whole The effect of the use on the market or potential market for the original work Creative work The pictures taken are the property of the students and may be used. The music may need permission or no more than 10% or 30 may be used. Gayle had purchased the music, but electronic distribution of the music infringes on the authors potential revenue stream.