From E-Learning Faculty Modules
This module provides an overview of the Fair Use Exemption to copyright for those creating and teaching online courses.
Disclaimer: The information presented here is intended for informational or educational purposes only and should not be construed as legal advice. If you have specific legal questions pertaining to copyright at K-State, contact the Office of General Counsel (785-532-5730 or firstname.lastname@example.org)
After completing this module participants will:
- Have an understanding of the Fair Use exemption to copyright
- Recognize and understand the Four Factors of Fair Use
- Be familiar with the Fair Use Checklist and the mechanics of making a fair use determination.
1. A distance education course in World History has been assigned a chapter from the book The Rules of Empires by Timothy Parsons, with the instructor wishing to put the chapter in K-State Online. Is this fair use?
For fair use: The intended use is for teaching and scholarship at a nonprofit educational institution and only a single chapter, an amount appropriate for the educational purpose, is to be used. The book is a published nonfiction work and a single chapter cannot replace the sale of the full book.
Against fair use: This is not a transformative use as an exact copy of the chapter is being use.
In all this use is most likely a fair use.
2. A distance education course in business has finished a unit discussing special purposes entities and financial risk. The instructor wants to let their students have fun while reviewing a specific case and would like to put the script for the play ENRON in K-State Online. Is this a fair use?
For fair use: Again, the intended use is for teaching at a nonprofit educational institution and the play is a published work.
Against fair use: This is not a transformative use, as a play it is a highly creative work, and the entire work is being used.
This is most likely not a fair use.
General Laws and Resources
Copyright and Fair Use, Stanford University Libraries: http://fairuse.stanford.edu/index.html
Section 107, US Copyright Act and Fair Use: http://www.copyright.gov/fls/fl102.html
Copyright @ K-State: http://www.k-state.edu/copyright/
Fair Use Checklist: http://www.k-state.edu/copyright/docs/FairUseChecklist.pdf