Copyright Scenario Katie Hill

I. Background Information
A. American Public Library staff members maintain a bulletin board in the children’s
area. The library has a complete set of Dr. Seuss books and they are very popular. They
decide to use the theme of Dr. Seuss’ birthday for the bulletin board. A staff member with
artistic talent draws a large picture of Sam with a green ham and posts it on the bulletin
board.

B. Title or description of the work(s) to be used: a drawing

C. Copyright status of the work(s): the drawing is of a character from a copyright

protected book.

D. Purpose for the use of the work(s): To promote Dr. Seuss’s Birthday and his literary
works.

D. Exclusive rights potentially affected: Reproduction and display.

II. Fair Use Analysis

A. Purpose
1. Favoring Fair Use:
Non-commercial educational use in a non-profit institution.
News reporting (telling the public it is Dr. Seuss’s birthday)-
Transformative or Productive use: The drawing is a not meant to replace the
original work by Dr. Seuss but to encourage children to pick up the actual work

2. Opposing Fair Use:

Entertainment
Denying credit to original author unless the artist/librarian gives credit.

B. Nature
1. Favoring Fair Use:
Published work
Important to favored educational objectives
2. Opposing Fair Use:
Highly creative work
Fiction

C. Amount
1. Favoring Fair Use:
Small quantity
Amount is appropriate for favored educational purpose
2. Opposing Fair Use:
Portion used is central to work or “heart of the work”

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 D. Effect
1. Favoring Fair Use:
User owns lawfully acquired or purchased copy of original work
Since there was only one copy made there was no significant negative effect on
the market or potential market for copyrighted work. However, this is a single
case. If this type of advertising or publicizing is used in libraries across the globe,
it could have a serious impact.
Such posters are available at a reasonably low cost. It would be best for the library
to purchase a poster.

2. Opposing Fair Use:

Reasonably available licensing mechanism for use of the copyrighted work
Affordable permission for using the work

III. Summary of Fair Use Analysis (does use as a whole favor or oppose fair use. Why?)
Purpose: The libraries ultimate goal in displaying the librarian’s version of the
character Sam is to advertise the birthday of Dr. Seuss and perhaps encourage
children to read his works.
Nature: This is a published work and although it is taken from a work of fiction it
still favors fair use.
Amount: The librarian’s drawing is only a small portion of the illustrations that
are available in the actual book. However, the image of ‘Sam’ is easily
recognizable as one of Dr. Seuss’s most well-known characters.
Effect: The library lawfully owns a complete set of books by Dr. Seuss from
which the librarian copied her drawing from. Also, this one drawing will not
affect the market of the copyrighted work. However, it would be possible for the
library to purchase posters/drawings/displays that are purchased from the
copyright holder.

IV. Other applicable information

A. Fair use guidelines (not law)
a. There are no fair use guidelines that could be applied to this situation.
B. Statutory provisions other than fair use
a. Section 101: display of a work publicly
b. Section 109 (c): authorizes the owner of a particular lawfully made copy to
display the copy publicly at the place where the copy is located. This
would include the book and book jacket.

C. Legal decisions
a. Fairey v. The Associated Press, 09-cv-01123, U.S. District Court, Southern
District of New York (Manhattan).
i. This case is a very similar situation and could be used to help
decide whether this situation falls under fair use or not.
b. Rogers v. Koons 960 F.2d 301 (2d Cir. 1992).
i. This case is also similar and can be used as a resource.

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 V. Overall Summary – is this likely to be a legal use of the work. Why?
I would feel comfortable allowing my librarian to draw and post a picture of Sam
on a bulletin board. From the above mentioned reasons it seems clear that this situation
falls under Fair Use.

VI. Alternatives for accomplishing the purpose of the use

I would feel more comfortable with this situation if the librarian/artist were to
give credit to Dr. Seuss somewhere on the bulletin board. As mentioned above, there are
posters are available for purchase. I would suggest that a copyright protected poster of the
character is displayed instead. The library also has the option to use the book jacket as a
way to advertise.