Summer Collins

CUIN 7374 – Educational Multimedia

Dr. Dogan

Exercise 1: Fair Use Scenarios

Scenario: Ravi is an instructional designer. His current project is to develop a 3-hour

workshop on “memory in learning” for medical educators. The workshop will be taught
one time at an upcoming medical education conference. He thinks that incorporating
some relevant media into his module will help make the key concepts more memorable.

One idea that he has is to include a video clip featuring Dory’s short-term memory loss
from the Disney movie “Finding Nemo”. He plans to obtain the approximately one
minute clip in .mpg4 format (by using http://keepvid.com) and insert it into one of four
instructional videos that he is developing as part of the workshop. Each instructional
video will be about 15 minutes in length.

1. How should he cite this clip in his resources section (APA format)?

Smith, J.D. (Producer), & Smithee, A.F. (Director). (2001). Really big
disaster movie [Motion picture]. United States: Paramount Pictures.

2. Does inclusion of this clip follow Fair Use Guidelines? Why or why
not? (Be sure to support your argument with one or more references.)

I believe that the inclusion of this clip does follow Fair Use Guidelines, due in
part to one of our module readings titled, “Four Factor Test” (Harper, 2007). One
of the four factors for fair use is described as the “nature of the work to be used”,
which allows this clip to be legally acquired and repurposed for educational use.
The information obtained from the original work needs to have added value to
the original by developing new information, new aesthetics, insights, and
knowledge (Stim, 2010). In this scenario, Ravi is able to use the clip as long as he
is transforming and repurposing the work for a new audience (Harper, 2007).

Furthermore, the amount of time that was borrowed in this clip is minimal and as
noted by Stim (2010), one may use a portion of work as long as it is not the
“heart” of the work. In this movie clip, the “heart” of the work is not a fish with
short term memory loss; it is about a lost fish named Nemo, who is trying to
reunite with his family. Additionally, according to the social media site, YouTube,
different countries have different rules regarding fair use guidelines. For
example, in the United States works involving research, teaching, etc. may be
 considered fair use. Therefore, appropriating a portion of this work for a one-
time only educational use, does not comprise the “heart” of the original work, nor
change the original work’s value in the marketplace (Stim, 2010).

3. If Ravi decided to use a 20 second portion of the clip, rather than the
entire 2-minute scene, would this change your response to question
b? Why or why not? (Be sure to support your argument with one or
more references.)

If Ravi decided to use a 20 second portion instead of the entire one-minute clip,
my response would not change to whether or not it was still considered Fair Use.
Rather, I feel as though by using a smaller portion of the clip will only further
help Ravi’s case regarding copyright laws and fair use. Harper (2007) expresses
that only using what is needed to make a point through a transformed and
repurposed piece of work is typically regarded as fair use.

While addressing both questions, two and three, according to the Center for
Media & Social Impact (2017), teachers are permitted to use photographs, films,
and other copyrighted material to “build critical thinking and communication
skills” in addition to making them accessible to their students (p.10). In this
scenario, Ravi is practicing fair use by presenting a (legally acquired) copyrighted
movie clip for a medical education conference.

4. If the workshop is packaged by Ravi’s instructional design firm and

sold to other clients, would this affect his ability to use the clip in his
materials? Why or why not? (Be sure to support your argument with
one or more references.)

If this workshop is packaged by Ravi’s instructional design firm and sold to other
clients, this may affect his ability to use the clip in his materials as it would be
questionable according to the “Four Factor Test” (Harper, 2007). Stim (2010)
states that using multimedia, such as a video clip, would depend on the effect of
the use upon the potential market. This becomes a problem when the work used
“deprives the copyright owner of income or undermines a new or potential
market for the copyrighted work” (Stim, 2010). Widespread distribution of the
information presented in this workshop, including the video file, in return for
monetary compensation and not educational or nonprofit use would compromise
Ravi and his firm legally as it will be presented to an audience that was not
originally intended to view it. Overall, Ravi needs to make sure that the material
was legitimately acquired, only used in an educational or nonprofit environment
 and ensure that he has given proper attribution to the copyright holder
(Davidson, 2002).

5. Suggest an alternative to this clip.

Instead of utilizing a video clip for his presentation, Ravi could use a photograph,
still image, or drawing to convey the meaning to his audience through
storytelling.

As far as another clip to be used, my suggestion would be for Ravi to use a free or
copyright friendly graphic or video clip from a site that would better meet his
instructional design needs such as Pixabay or Pexels.
 References

Center for Media & Social Impact. (2017). Code of Best Practices in Fair Use for Media
Literacy Education. Retrieved from
https://cmsimpact.org/code/code-best-practices-fair-use-media-literacy-
education/

Davidson, H. (2002). Copyright and Fair Use Guidelines for Teachers. Retrieved from
Hall Davidson's Copyright Chart

Harper, G. (2007). Fair Use: Four Factor Test. Retrieved from

http://guides.lib.utexas.edu/fairuse/fourfactor

Stim, R. (2010). Measuring Fair Use: The Four Factors. Retrieved from
https://fairuse.stanford.edu/overview/fair-use/four-factors/

What is Fair Use? (n.d). Retrieved from

https://www.youtube.com/yt/about/copyright/fair-use/