Chloe Lall CUIN 7374

Exercise 1 – Fair Use Scenario

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

The way Ravi should cite this clip in his resources section with APA format is:
WaltDisneyStudiosCAN. (2012, September 10). FINDING NEMO 3D – Short Term Memory
Loss (clip) [Video File]. Retrieved from
www.youtube.com/watch?v=V2mdnBIXINg&feature=YouTube.be

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)

The inclusion of this clip in Ravi’s workshop on “memory in learning” does follow Fair
Use Guidelines in multiple ways. First, only a short clip from a film was included in the
workshop and YouTube’s fair use guidelines state that “borrowing small bits of material
from an original work is more likely to be considered fair use than borrowing large
portions” (YouTube, 2019). Next, Ravi “transforms” the work by using the clip in a
different purpose than what the original was used for. The Center for Media & Social
Impact mentions that when judges interpret the use of fair use, they ask two key
questions. One of the questions that would work in Ravi’s favor is “did the unlicensed
use ‘transform’ the material taken from the copyrighted work by using it for a different
purpose than that of the original, or did it just repeat the work for the same intent and
value as the original?” Lastly, the work that Ravi is doing with the clip is for educational
purposes since he is creating a workshop at a medical education conference. The Center
for Media & Social Impact state that “educators and learners in media literacy often
make uses of copyrighted materials that stand far outside the marketplace, for instance,
in the classroom, at a conference or within a school-wide or district-wide festival”. In
these situations, there may be less of a challenge from copyright holders. Through these
reasons, Ravi’s inclusion of the clip does follow Fair Use Guidelines.

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)

I would not change my response to question B if Ravi had used a twenty second portion
of the clip because he would still be using it for educational purposes for his workshop,
and if anything, he might be less at risk for infringement since the video clip is
considerably shorter. In the Code of Best Practices in Fair Use for Online Video, principle
two suggests that “sometimes video makers quote copyrighted material…not in order to
comment upon it, but because it aptly illustrates an argument or a point”. Ravi is also
only inserting the short twenty second clip into one of the four fifteen minute videos he
is providing at the workshop. This is one of the four factors of fair use which is the
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amount and substantiality of the portion used in relation to the copyrighted work as a
whole (YouTube, 2019).

4. If the workshop packaged by Ravi’s instructional design firm and sold to other clients,
would this affect his ability to use this clip in his materials? Why or why not? (Be sure
to support your argument with one or more references)

If the workshop were to package Ravi’s instructional materials and sell it to other clients,
this would affect his ability to use this clip in his materials because it shifts the use from
educational purposes to selling it in a new market. In the four factors of fair use, the
fourth one states that “uses that harm the copyright owner’s ability to profit from his or
her original work are less likely to be fair uses” (YouTube, 2019). Even if the selling of
Ravi’s materials seems small, it is still deemed as profitable and would be a commercial
use. The De Minimis Defense would not work in this case either since in the case of the
motion picture Seven, the photos that were claimed for copyright infringement were
considered virtually unidentifiable and in Ravi’s case, the use of the clip is too
identifiable to not be caught under copyright law (Stim, n.d).

5. Suggest an alternative to this clip

If Ravi did not want to worry or deal with the Fair Use Guidelines, he could have
recorded his own interpretation or skit of what he wanted to portray with the Finding
Nemo clip. By doing this, Ravi and his company would own the rights to the clip they
made and would have no problem selling it if they wanted to. Ravi could also license a
similar clip through a video stock website, but has to make sure that it is available to be
used commercially if he wanted to sell the materials. This would be costly, but it would
also help with not worrying about copyright infringement.
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References

YoutTube. (n.d.). What is fair use? Retrieved from

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

Stim, R. (2017, April 10). Measuring Fair Use: The Four Factors. Retrieved from
https://fairuse.stanford.edu/overview/fair-use/four-
factors/#too_small_for_fair_use_the_de_minimis_defense

The CMSI (Center for Media & Social Impact) states that when using their articles for reference
“Feel free to reproduce this work in its entirety. For excerpts and quotations, depend upon
fair use.”