Fair Use

From E-Learning Faculty Modules

Contents

Module Summary

This module provides an overview of the Fair Use Exemption to copyright for those creating and teaching online courses.

File:copyrightpuzzle.jpg

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 attys@k-state.edu)

Bulleted Takeaways

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.

Main Contents

Fair Use Module Video

Video Transcript

Examples

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.

Extra Resources

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


K-State Resources

Copyright @ K-State: http://www.k-state.edu/copyright/

Fair Use Checklist: http://www.k-state.edu/copyright/docs/FairUseChecklist.pdf