Case Scenario 2
Instructions: Each group should submit one collaborative written answer to the questions at the end of this Case Scenario. You will submit your assignment by posting it in the Forums. Case Scenario 2 is due at 11:59 PST on Tuesday, Oct. 12th.
Wanda, the high school science teacher, is interested in using the following materials for her history of science unit, in the following ways:
For each scenario, evaluate whether Wanda’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 Wanda - what could she do instead?
Wanda, the high school science teacher, is interested in using the following materials for her 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,” which she 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 her 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 her audience and partly to entertain them and keep their attention. “Planet Rap” is an educational song that is available for purchase online (Wanda purchased her copy)
- Video-taping her solar system lecture, including the portion with the “Planet Rap,” and making the recording available on her personal website (which has no advertising or other commercial purpose)
For each scenario, evaluate whether Wanda’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 Wanda - what could she do instead?