Michelle E.

Colquitt
September 6, 2015
Copyright Quiz
Copyright Primer: Fair Use Copyright Quiz
by Hall Davidson
1. The owner of the local video store supports the school by donating one DVD rentalfree to the school every Friday. The video is shown in the multi-purpose room to reward
students with perfect attendance that week. It does improve attendance. This falls under
fair use.
Answer: False. The fine print of fair use indicates that any video viewing
should be instructional rather than as a reward or as entertainment. Because
this is a reward for perfect attendance, this does not fall under the fair use
doctrine of copyright.
2. A teacher buys a single-user program with department money and puts it on the Local
Area Network (LAN). It is frequently used by several teachers at the same time. This is
done in violation of a written district policy against using single-user programs on the
LAN. After two years, the software company takes action against the individual teacher.
The district is also liable.
Answer: True. The district is liable for a copyright violation. Software may
be installed on multiple machines, but only one machine at a time may use the
program. Further, the number of users cannot exceed the number of licenses
purchased for the given software program. Also, there might be a specialty
network license required for multiple users. The district had a policy against this
single user program on the LAN, and they should have enforced this more
vigorously.
3. On her home VCR, a history teacher taped the original ABC news report of Nixon
leaving the White House after resigning. She uses the entire news program every year
in her classroom. This is fair use.
Answer: False. If a video clip is very old, the teacher/school probably
should have purchased a license to access the video. Rather than the teacher

using the taped video, the teacher possibly should have determined if there was a
public domain video about President Nixon resigning from office.
4. A school purchases a single copy of a math program and installs it on the server so it
can be accessed by classrooms throughout the school and also on the stand-alone
computers in the portables. The policy is that only one class can use it at a time and the
policy is religiously enforced. Permissible.
Answer: True. This is permissible. In the Copyright and Fair Use
Guidelines for Teachers chart, this meets all of the guidelines for purchased
computer software: it was purchased, it may be installed on a network or multiple
machines, and as long as the number of users does not exceed the number of
copies/licensesthis is fair use.
5. Purchasing a computer program is the same as licensing it.
Answer: False. Purchasing a computer program and licensing are different.
In purchasing a computer program, the purchaser can give the program to
someone else. This other person can accept the license terms and they will be
the one licensing the program.
6. A teacher rents Gone with the Wind to show the burning of Atlanta scene to her class
while studying the Civil War. This is fair use.
Answer: True. This is, as presented, an example of fair use. It is legitimately
rented, used for an educational purpose in the classroom.
7. Copyrighted material used without permission in multimedia projects may remain in
the students portfolio forever.
Answer: True. According to the information outlined in the Education World
copyright series, these works can be considered fair use. Copyrighted works that
are significantly altered or are used for educational purposes are more likely than
not considered to be fair use of the previously copyrighted materials. While there
was not a lot of information about the work product created, if it is more factual or
creative or used for educational purposes, it is more often than not deemed to be
fair use.
8. Asking for permission is key to fair use protection in education.

Answer: False. Asking for permission is nice, but not especially necessary.
Fair Use is outlined in Section 107 of the Copyright Act and the four factors
impacting fair use are: 1) the purpose and character of the use, including
whether such use is of a commercial nature of is for nonprofit educational
purposes. 2) the nature of the copyrighted work. 3) the amount and substantiality
of the portion used in relation to the copyrighted work as a whole. 4) the effect of
the use upon the potential market for or value of the copyrighted work
(http://www.educationworld.com/a_curr/curr280b.shtml). Essentially, the main
consideration of copyright is money, specifically depriving the owner of the
copyright of monetary gains.
9. Using a legal copy of an off-line Web Browser, a district technology specialist
downloads and caches educational and non-educational web pages for school Internet
trainings. This is fair use.
Answer: True. In the chart outlining fair use (https://goo.gl/e4Nif2), it states
that images obtained via internet connections off of the WWW may be
downloaded for student projects and teacher lessons. The fine print indicates
that resources from the Web may not be reposted onto the Internet without
permission. However, links to legitimate resources can be posted. Any resources
you download must have been legitimately acquired by the Web site.
10. A science teacher asks for the school librarian to record a great episode of Reading
Rainbow on its original broadcast on 3/02. He figures on using it for years. His students
digitize parts for a multimedia class project. This is okay.
Answer: True. According to the aforementioned Copyright chart, Reading
Rainbow falls under what is known as Enlightened Rights. Schools are allowed to
retain broadcast tapes for 10 days, but with the Enlightened Rights they are
allowed to keep tapes and recordings for a longer (unknown) period of time.
11. A student finds a photo online dramatizing a pre-Columbian Viking landing in
America. Since the school symbol is the Viking, he posts this photo on the school web
page. It links back to the original website. This is fair use.
Answer: False. The student would need to ask for permission of the
original webpage copyright holder to use the image. Since this was posted onto

the schools public webpage rather than included in a classroom lesson or in a

report, this is not fair use of the Viking image.
12. A student doing a multimedia report copies the video of Kennedys We shall go to
the moon speech from the CD-ROM version of Groilers Encyclopedia. Her teacher
posts the project on the school LAN. This is fair use.
Answer: True. According to the aforementioned Copyright chart, students
may use portions of lawfully acquired copyright works in their academic
multimedia, as defined as 10 percent or three minutes (whichever is less) of
motion media. This must be a legitimate work and must be properly attributed.
(https://goo.gl/e4Nif2). With regard to the LAN, as long as this is shared within the
school, it still should represent fair use.
13. A school purchases a typing tutorial program and houses it in the library. It is
checked out to students to take home. By enforced policy, the homes erase the program
at the end of the two week checkout period. Permissible?
Answer: True. The aforementioned Copyright Chart outlines that the library
may lend software to students and it may be installed at home and in school. The
school district should be vigilant to ensure that software does not remain on
computers after the checkout period. Perhaps, if the software had some way to
indicate the number of machines it was currently downloaded on or the number
of active users/licensees, this would be beneficial to the school district.
14. A student building a multimedia art project uses copyrighted images of Frank Lloyd
Wright buildings downloaded from the web. She submits this project to her states
Student Multimedia Festival (and others) honoring classroom work and wins the $1,000
prize for the school. This is permissible under fair use.
Answer: True. This state Student Multimedia Festival was educational in
nature and is not marketed as a contest, therefore, fair use is applicable here. If
this were a contest or if the prize went to the student rather than the school, this
might not fall within the fair use guidelines.
15. The teacher of the winning multimedia project mentioned above shows it at an art
conference for educators. It cost $50 to attend the conference and the teacher is
awarded free attendance because he is a presenter. This is fair use.

Answer: True. This educator is presenting in an educational capacity rather

than an entertainment based capacity and is therefore within fair use rights.
16. A high school sells a student video yearbook made by volunteers for $25 to raise
money for equipment for the school. They use popular music clips. The money all goes
to the school. The songs are fully listed in the credits. Fair use.
Answer: False. This is not educational in nature. Also, I would be
concerned about the specific length of each clip. In the aforementioned chart, it
indicates that a maximum of 30 seconds per each musical composition may be
used.
17. A school can only afford one copy of KidPix. It loads onto the library computer and
all students and all classes have access to it all day. The teachers copy and install
KidPix Player on their classroom computers to evaluate the student work. This is
permissible.
Answer: True. It sounds as if the KidPix Player is a public distribution
program, probably akin to the Microsoft Media Player. There is a distinction
between creating the KidPix and viewing the KidPix Player, therefore this is
permissible.
18. A teacher creates his own grading program. He transfers to another school and
forgets to delete the program from the network. Everyone at his old school copies and
uses the program. He sues the school and wins. He is likely to receive a significant
monetary reward.
Answer: False. The program was never available commercially, therefore,
the author/teacher was not deprived of any compensation. Copyright is all about
money and depriving the actual copyright holder of compensation. The teacher
can ask that his software be removed from the network and all the computers, but
he is not entitled to any monetary compensation.
19. An elementary school transcribes the lyrics from the album CATS for the school
mini-musical. There is no admission charge. Fair use applies.
Answer: False. This is the work in its entirety rather than a small portion of
the work. In the aforementioned Copyright Chart, it states that up to 10 percent of
a musical composition can be used via fair use. This is 100 percent of the

musical, and therefore, cannot be used in a fair use situation. If the school wants
to stage the musical CATS, I am sure that they must have a license to do so.
20. An enterprising media aid tapes 60 Minutes every week in case teachers need it.
This is fair use.
Answer: False. The Media Center Staff, must act based off of requests for
materials rather than proactively record a news program. For example, the
teacher should submit a request about the Misty Copeland segment from 60
Minutes rather than stating that they want the 60 Minutes episode from August 23,
2015 in its entirety.