Module 3 Case Studies and Scenarios

Scenario #1

Background

Professor Sneeze is teaching a combined music and art appreciation course. Sneeze is very “techno-savvy” and has prepared many different types of multimedia teaching aids both for presentation in the classroom and digital delivery to students. Also, as part of the student’s required assignments they will complete different multimedia projects for the course. Both Professor Sneeze and the students will use many different types of content—such as text, photographs, illustrations, paintings, recorded music and film/video. This content is taken from books, films, library collections and the Internet.

What is the first thing you need to know before resolving the copyright/licensing issues?

ANS. Is the material you are using from other sources protected by copyright? If the material used is not protected by copyright, then you need not go any further, the material you have selected can be used without permission.

Sneeze has selected portions of films produced by Hollywood producers/distributors in the 1960s for inclusion in his lesson plan for presentation in class. Before he was techno-savvy and hi-tech presentation classrooms existed, he took several films into the classroom and projected them for student viewing during class. Also, he makes arrangements with the campus library to purchase the same videos and place them in the library viewing rooms for students to watch outside of class. Sneeze provides the students with the call #s and other needed information. During the semester, the students frequently visit the library for viewing the movies. In addition, Sneeze has recorded both segments and entire TV broadcasts programs and brings those programs into the classroom for showing.

What section of the copyright law allows (or does not allow) Sneeze and the students to legally do the above?

ANS. Section 110 (1) allows Sneeze and the students to do this.

If he showed longer segments of the movie in the classroom (perhaps the entire movie) what conditions need to be in place to still be legal?

ANS. See Section 110 (1) For Section 110(1) to apply, the following conditions should be present:

  1. Showing is by students or instructors
  2. Face-to-face teaching activity
  3. Nonprofit educational institution
  4. In a classroom or similar place devoted to instruction
  5. Copy (product) legally obtained

If Sneeze set aside every Friday as “;class movie day” and showed the entire movies on each Friday with no lecture or interaction with students, served popcorn and told his students to invite their friends, would the showing of the movie without permission still be legal?

ANS. No

Can Sneeze legally show the recorded broadcast programs to his class? What section of the copyright allows (or does not allow) for this?

ANS. Section107, Fair Use allows Sneeze to do this.

Sneeze has now become more techno-savvy and is ready to make the showing of the short segments of video clips easier. Sneeze makes arrangements to digitize only the needed short video segments for teaching the course and copy them on to a CD/DVD so he can project them from his computer.

What sections of the copyright law allows (or does not allow) Sneeze and the students to legally do the above?

ANS. Sections 107 and 110(2) allow Sneeze to do this.

Now, in addition to projecting them in the classroom from his computer, Sneeze now wants to post the video clips into a digital course management system (such as Blackboard) and make them available on a secure website with authenticated access only to students enrolled in the course.

Can he do this legally without seeking permission?

ANS. Most likely, if all the conditions of Section 110(2) are met

What sections of the copyright law allows (or does not allow) Sneeze to do the above?

ANS. Section 110 (2); also Section 107 may apply

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