Michelle E. Colquitt September 6, 2015Copyright QuizCopyright Primer: Fair Use Copyright Quizby Hall Davidson 1. The owner of the local video store supports the school by donating one DVD rental-free to the school every Friday. The video is shown in the multi-purpose room to reward students with perfect attendance that week. It does improve attendance. This falls under fair use. Answer: False. The fine print of fair use indicates that any video viewing should be instructional rather than as a reward or as entertainment. Because this is a reward for perfect attendance, this does not fall under the fair use doctrine of copyright. 2. A teacher buys a single-user program with department money and puts it on the Local Area Network (LAN). It is frequently used by several teachers at the same time. This is done in violation of a written district policy against using single-user programs on the LAN. After two years, the software company takes action against the individual teacher. The district is also liable. Answer: True. The district is liable for a copyright violation. Software may be installed on multiple machines, but only one machine at a time may use the program. Further, the number of users cannot exceed the number of licenses purchased for the given software program. Also, there might be a specialty network license required for multiple users. The district had a policy against this single user program on the LAN, and they should have enforced this more vigorously. 3. On her home VCR, a history teacher taped the original ABC news report of Nixon leaving the White House after resigning. She uses the entire news program every year in her classroom. This is fair use.Answer: False. If a video clip is very old, the teacher/school probably should have purchased a license to access the video. Rather than the teacher using the taped video, the teacher possibly should have determined if there was a public domain video about President Nixon resigning from office.4. A school purchases a single copy of a math program and installs it on the server so it can be accessed by classrooms throughout the school and also on the stand-alone computers in the portables. The policy is that only one class can use it at a time and the policy is religiously enforced. Permissible. Answer: True. This is permissible. In the Copyright and Fair Use Guidelines for Teachers chart, this meets all of the guidelines for purchased computer software: it was purchased, it may be installed on a network or multiple machines, and as long as the number of users does not exceed the number of copies/licensesthis is fair use.5. Purchasing a computer program is the same as licensing it. Answer: False. Purchasing a computer program and licensing are different. In purchasing a computer program, the purchaser can give the program to someone else. This other person can accept the license terms and they will be the one licensing the program.6. A teacher rents Gone with the Wind to show the burning of Atlanta scene to her class while studying the Civil War. This is fair use.Answer: True. This is, as presented, an example of fair use. It is legitimately rented, used for an educational purpose in the classroom.7. Copyrighted material used without permission in multimedia projects may remain in the students portfolio forever. Answer: True. According to the information outlined in the Education World copyright series, these works can be considered fair use. Copyrighted works that are significantly altered or are used for educational purposes are more likely than not considered to be fair use of the previously copyrighted materials. While there was not a lot of information about the work product created, if it is more factual or creative or used for educational purposes, it is more often than not deemed to be fair use.8. Asking for permission is key to fair use protection in education. Answer: False. Asking for permission is nice, but not especially necessary. Fair Use is outlined in Section 107 of the Copyright Act and the four factors impacting fair use are: 1) the purpose and character of the use, including whether such use is of a commercial nature of is for nonprofit educational purposes. 2) the nature of the copyrighted work. 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4) the effect of the use upon the potential market for or value of the copyrighted work (http://www.educationworld.com/a_curr/curr280b.shtml). Essentially, the main consideration of copyright is money, specifically depriving the owner of the copyright of monetary gains. 9. Using a legal copy of an off-line Web Browser, a district technology specialist downloads and caches educational and non-educational web pages for school Internet trainings. This is fair use. Answer: True. In the chart outlining fair use (https://goo.gl/e4Nif2), it states that images obtained via internet connections off of the WWW may be downloaded for student projects and teacher lessons. The fine print indicates that resources from the Web may not be reposted onto the Internet without permission. However, links to legitimate resources can be posted. Any resources you download must have been legitimately acquired by the Web site.10. A science teacher asks for the school librarian to record a great episode of Reading Rainbow on its original broadcast on 3/02. He figures on using it for years. His students digitize parts for a multimedia class project. This is okay.Answer: True. According to the aforementioned Copyright chart, Reading Rainbow falls under what is known as Enlightened Rights. Schools are allowed to retain broadcast tapes for 10 days, but with the Enlightened Rights they are allowed to keep tapes and recordings for a longer (unknown) period of time.11. A student finds a photo online dramatizing a pre-Columbian Viking landing in America. Since the school symbol is the Viking, he posts this photo on the school web page. It links back to the original website. This is fair use.Answer: False. The student would need to ask for permission of the original webpage copyright holder to use the image. Since this was posted onto the schools public webpage rather than included in a classroom lesson or in a report, this is not fair use of the Viking image.12. A student doing a multimedia report copies the video of Kennedys We shall go to the moon speech from the CD-ROM version of Groilers Encyclopedia. Her teacher posts the project on the school LAN. This is fair use.Answer: True. According to the aforementioned Copyright chart, students may use portions of lawfully acquired copyright works in their academic multimedia, as defined as 10 percent or three minutes (whichever is less) of motion media. This must be a legitimate work and must be properly attributed. (https://goo.gl/e4Nif2). With regard to the LAN, as long as this is shared within the school, it still should represent fair use. 13. A school purchases a typing tutorial program and houses it in the library. It is checked out to students to take home. By enforced policy, the homes erase the program at the end of the two week checkout period. Permissible? Answer: True. The aforementioned Copyright Chart outlines that the library may lend software to students and it may be installed at home and in school. The school district should be vigilant to ensure that software does not remain on computers after the checkout period. Perhaps, if the software had some way to indicate the number of machines it was currently downloaded on or the number of active users/licensees, this would be beneficial to the school district.14. A student building a multimedia art project uses copyrighted images of Frank Lloyd Wright buildings downloaded from the web. She submits this project to her states Student Multimedia Festival (and others) honoring classroom work and wins the $1,000 prize for the school. This is permissible under fair use. Answer: True. This state Student Multimedia Festival was educational in nature and is not marketed as a contest, therefore, fair use is applicable here. If this were a contest or if the prize went to the student rather than the school, this might not fall within the fair use guidelines.15. The teacher of the winning multimedia project mentioned above shows it at an art conference for educators. It cost $50 to attend the conference and the teacher is awarded free attendance because he is a presenter. This is fair use. Answer: True. This educator is presenting in an educational capacity rather than an entertainment based capacity and is therefore within fair use rights.16. A high school sells a student video yearbook made by volunteers for $25 to raise money for equipment for the school. They use popular music clips. The money all goes to the school. The songs are fully listed in the credits. Fair use. Answer: False. This is not educational in nature. Also, I would be concerned about the specific length of each clip. In the aforementioned chart, it indicates that a maximum of 30 seconds per each musical composition may be used. 17. A school can only afford one copy of KidPix. It loads onto the library computer and all students and all classes have access to it all day. The teachers copy and install KidPix Player on their classroom computers to evaluate the student work. This is permissible. Answer: True. It sounds as if the KidPix Player is a public distribution program, probably akin to the Microsoft Media Player. There is a distinction between creating the KidPix and viewing the KidPix Player, therefore this is permissible.18. A teacher creates his own grading program. He transfers to another school and forgets to delete the program from the network. Everyone at his old school copies and uses the program. He sues the school and wins. He is likely to receive a significant monetary reward.Answer: False. The program was never available commercially, therefore, the author/teacher was not deprived of any compensation. Copyright is all about money and depriving the actual copyright holder of compensation. The teacher can ask that his software be removed from the network and all the computers, but he is not entitled to any monetary compensation. 19. An elementary school transcribes the lyrics from the album CATS for the school mini-musical. There is no admission charge. Fair use applies. Answer: False. This is the work in its entirety rather than a small portion of the work. In the aforementioned Copyright Chart, it states that up to 10 percent of a musical composition can be used via fair use. This is 100 percent of the musical, and therefore, cannot be used in a fair use situation. If the school wants to stage the musical CATS, I am sure that they must have a license to do so. 20. An enterprising media aid tapes 60 Minutes every week in case teachers need it. This is fair use. Answer: False. The Media Center Staff, must act based off of requests for materials rather than proactively record a news program. For example, the teacher should submit a request about the Misty Copeland segment from 60 Minutes rather than stating that they want the 60 Minutes episode from August 23, 2015 in its entirety.