Copyright 4 Educators (ZA)

CASE SCENARIO 2

Introduction:
The previous assignment focused on copyright ownership and the kind of works protected under copyright. This assignment now deals with an area of copyright law that is crucial for educators and learners alike: copyright exceptions and limitations. Copyright exceptions and limitations are provisions in the law that allow, in certain situations and under certain conditions, the permission-free use of copyright protected materials, eg for selected educational uses.

Xuan is a journalism student at University. As part of her study she is required to write a seminar paper and verbally present on her seminar topic to the class. She is writing a seminar paper on Climate Change. She has heard that she might be able copy other people's resources under copyright even without the rights holder’s permission but is not sure how much she is allowed to copy.

She wants to reproduce the following in her seminar paper:

· Photographic images from the New York Times online newspaper;
· A short article from The Economist;
· Some extracts from UK Government's Stern Review on the Economics of Climate Change which is over 500 pages long; and
· A chapter from the book The Weather Makers: the History and Future Impact of Climate Change by Tim Flannery.

She has been told she is allowed to copy varying percentages by different people. Some say she can only use 10% and others say she can use 30%.

She also intends to play a short extract from a documentary film on Climate Change Sceptics as part of her seminar presentation to the class.

Questions:

1. Which so-called copyright exceptions and limitations contained in the South African Copyright Act, if any, would allow Xuan to reproduce any of the above material? Please include how much of a resource and under what conditions.
2. Is she permitted to play 5 minutes of the DVD to the class as part of her presentation?
3. List the exceptions provided in the Copyright Act that may be relevant to educational use.

[Note: If you need additional information to answer any of these questions, identify that information and how it would influence your responses.]

Questions to assist your understanding (not to be answered)
What is fair dealing? Identify the different purposes for fair dealing and any factors that determine “fairness" in the “fair dealing".
How much of a work can be copied under fair dealing?
What other exceptions apart from "fair dealing" are available for educational use?