SCENARIO 16: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs.
FAIR USE? Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.
What if the presentation incorporating the photographs discussed in SCENARIO 16 is broadcast to a distant classroom?
FAIR USE? Yes. This use would be considered fair use, as long as the presentation is broadcast for remote instruction.
What if the presentation discussed in SCENARIO 16 is broadcast to students at their homes or offices?
FAIR USE? Yes. This use would be considered fair use if the individuals are enrolled in a course and viewing the presentation for purposes of criticism, comment, teaching or instruction, scholarship, or research.
What if the teacher's or student's presentation explained in SCENARIO 16 is videotaped?
FAIR USE? Yes. This use would be considered fair use, if the videotape is used for educational purposes such as student review or if the videotape is for instruction.
What if the SCENARIO 16 presentation incorporating the photographs is videotaped and rebroadcast? Is this a fair use?
FAIR USE? Yes. The use of the photographs is fair use as long as the presentation is videotaped and rebroadcast only for instruction.
What if the SCENARIO 16 presentation is included in an electronic presentation such as Microsoft's Power Point?
FAIR USE? Yes. This should be considered fair use as long as the electronic presentation is for educational or instructional use.
What if the student or teacher were to change the attributes of the pictures discussed in SCENARIO 16?
FAIR USE? Yes. This would be considered fair use for education, comment, criticism, or parody. One must inform the audience that changes were made to the photographer's copyrighted work.
SCENARIO 17: A teacher or student creates a presentation and incorporates copyrighted music into the background. Assume that permission was not obtained to use the music for the presentation.Can the music be included in the teacher's or student's initial presentation?
FAIR USE? Yes. This is fair use if instruction is occurring.
Same facts as SCENARIO 17. The presentation is broadcast to a distant classroom using two-way interactive video (GSAMS).
FAIR USE? Yes. The use of interactive video for educational instruction is considered a fair use.
What if the teacher's or student's presentation described in SCENARIO 17 is videotaped?
FAIR USE? Yes. This is fair use if instruction is occurring.
What if the SCENARIO 17 presentation is videotaped and rebroadcast?
FAIR USE? The answer is not clear. If instruction is occurring and there are no admission charges to the rebroadcast, the presumption is that it may be fair use. Tuition and course fees do not constitute admission fees.
What if the SCENARIO 17 presentation is included in an electronic presentation (excluding the Internet)?
FAIR USE? Yes. This is fair use if instruction is occurring.
SCENARIO 18: A professor teaches an opera course, and the professor creates a presentation. The presentation contains the works of ten contemporary artists and is presented to a new class every semester.
FAIR USE? Yes, as long as the use of the presentation continues to be for instruction.
The opera classroom presentation (SCENARIO 18) or the presentation containing background music (SCENARIO 17) is placed on the Internet?
FAIR USE? Yes, so long as access is restricted, e.g., by use of a password or PIN or other means.
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