Copyright for Educators, Cycle 2 - Mar 2010

1. In your jurisdiction, what exceptions, if any, are available to Xuan to reproduce any of the above material? Please include how much of a resource and under what conditions.
Photographic images: It seems likely that using these would be covered under Fair Use, especially if the number of pictures she’s using is relatively low. The use of these pictures would seems very unlikely to cut into the profits of the NYT. (Are they transformative in this context?)

Short article from the Economist. This, to me, is where this case gets interesting. Xuan is using fairly substantial amounts of various resources – an entire article, and an entire chapter from a book. My guess is that the rule of proportionality cited in our readings would apply here(http://www.centerforsocialmedia.org/files/pdf/Media_literacy.pdf). The rule of proportionality says that educators have the right to use the portions of the copyrighted works that they need in order to fulfill their purpose – even if that means using the entire resource.

Extracts from the Stern Review on the Economics of Climate Change. This work, which is largely factual, and therefore less creative would be covered less “intensively” than entirely creative works. I also suspect that this work, being commissioned by the British Govt., would not be covered by copyright.

Chapter from the book: The Weather Makers: Again, Xuan is trying to use a fairly large portion of an existing work. I suspect that this would be covered under Fair Use protections because of the non-profit nature of Xuan’s work and the seemingly insignificant effect its potential market value. The proportionality rule might apply if she is really using only the amount that she needs.

Short extract from the documentary film on climate change – This seems to be clearly covered under Fair Use.

2. Is she permitted to play 5 minutes of the DVD to the class as part of her class presentation?
This would seem to be entirely permissible under Fair Use. The purpose of the work is non-profit/ educational, it’s a small amount of the total, and it would seem not to have an effect on the potential market for the work.

3. List the copyright exceptions in your jurisdiction that may be relevant to educational use.
a. Fair Use
b. ?

I posted this on the wiki too - does she really need any permissions for a seminar paper & class presentation? My own students never address this beyond proper citation. How much of the DVD is played also seem irrelevant in this context.

You are correct that this is the KEY to fair use under current law. There is no bright line rule - different cases come out in different ways on this, but the high level test is whether the use gives a new message or meaning to the original work.

Try looking at: http://en.wikipedia.org/wiki/Transformation_(law)and http://www.schoollibraryjournal.com/blog/1340000334/post/1420024142.html for a very high level explanation.

Also this law review article has a bit more: http://docs.law.gwu.edu/facweb/claw/LevalFrUStd.htm

The article is older but courts have latched on to this notion and have found everything from what search engines do to taking a sample of the song "Pretty Woman" and using in a rap song to be "transformative."

You're on the right track!