Module 3 Case Studies and Scenarios

Scenario #2

You are a college student and are assigned to create a multimedia project for an honors class which means you need to use various items protected by copyright. Specifically, you select text, graphics, video clips, paintings, photographs and computer screen shots for inclusion in your multimedia project, which you then digitally copy onto a DVD for presentation in the classroom.

Can you do this legally?

ANS. Yes

What section of the copyright law allows (or does not allow) this to take place?

ANS. Section 107, Fair Use allows this to take place.

You enter your multimedia project into a campus competition; as part of the competition the project is projected in the campus student center on big screen that is available to everyone on campus.

Does this set of circumstances change your answer? Is this still a legal use of material protected by copyright?

ANS. Yes, if after applying the Fair Use factors noted in Section 107, and making a good, fact specific reasoned analysis, then a Fair Use claim could possibly be made for this use.

What sections of the law allows (or does not allow) this type of activity?

ANS. Section 107

You win the campus competition and now are invited to submit your project to a national collegiate symposium, such as a film festival.

Does this set of circumstances change your answer?

ANS. Yes, it should.

Is this still a legal use of material protected by copyright?

ANS. No

Do any of your conclusions or assumptions change?

ANS. Yes, they should, see next point

Why or why not?

ANS. It is much more difficult to satisfy the conditions of Fair Use (Section 107) when the performance and distribution of the material protected by copyright is given to the public (such as a lager group outside of the educational setting).

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