Case Scenario 2 (due September 1)
Instructions: Each team should submit one collaborative written answer to the questions at the end of this Case Scenario. Submit your team's assignment by posting it in the Google forum for this class.
Case Scenario 2 is due at 11:59 EST on Sunday, September 1.
Terry, the high school science teacher, is interested in using the following materials for the history of science unit, in the following ways:
- Showing a 14 minute clip from a one-hour PBS science documentary called “Einstein’s Big Idea,” taped from television one week previously, as part of a one hour online webinar that is available to the public for no cost
- Posting four 30-second clips from the film “Jurassic Park” on the school’s publicly available wiki with commentary about the factual accuracy of each clip
- Posting the full text of the NY Times article, "Vote Makes It Official: Pluto Isn't What It Used to Be" to the school’s wiki for students to download and read as a homework assignment
- Playing the entire song “Planet Rap” by Ron Brown as part of a one hour lecture about the solar system, partly to educate the students in the class and partly to entertain them and keep their attention. “Planet Rap” is an educational song that is available for purchase online, and Terry purchased the copy that will be played.
- Video-taping Terry's own solar system lecture, including the portion with the “Planet Rap,” and making the recording available on Terry's personal website (which has no advertising or other commercial purpose)
For each scenario, evaluate whether Terry’s intended use would be considered a fair use under Section 107 of the Copyright Act. Balance each of the four factors, and explain whether each factor would weigh for or against a finding of fair use, and then conclude with how you think a court would decide. If you need additional information to make a determination in any of these scenarios, identify that information and how it would influence your responses.
If you determine that a particular use would not be fair use, suggest some alternative ideas for Terry -- what could the teacher do instead? Are there alternative (or even better) legal arguments to support Terry's proposed uses?
Submit your team's assignment by posting it in the Google forum for this class.