Show:
Fair Use Factor 1
Fair Factor Use 2
Fair Use Factor 3
Fair Use Factor 4
Miscellaneous
100
Fair Use Factor 1 means that something learns towards fair use if it's been transformed or is noncommercial vs. commercial. Explain what this means.
Transformative: you've changed the original work in some way to give it new meaning. Ex: a parody Noncommercial: you won't make money off of it, for example it could be intended for nonprofit or educational use
100
Fair Factor Use 2 deals with the "nature" of the copyrighted work. Explain what this means.
Factual or published works are more likely to be fair use (instead of creative works and non published works).
100
Fair Use Factor 3 deals with the amount and substantiality. What does this mean?
If you use a small amount of the work or not the "heart," it's more likely to be fair use. If you use a large amount or the "main part," it's more likely to not be fair use. There is no set amount that's okay to use, but less is always better.
100
Fair Use Factor 4 deals with the effect on the market. What does this mean?
If somebody loses money because you've used their work, it's probably not fair use.
100
Infringement means
breaking the law
200
Joe uses a copyrighted video of Lebron James and makes a parody with it. True or False: this is most likely fair use based on Fair Use Factor 1.
True. Parodies are considered "transformative" because they give the work new meaning and purpose. It would most likely be considered fair use.
200
Why are unpublished works usually not okay to use?
If it hasn't been published yet, the author or creator has the right to be the "first" to publish it. If you use their work before they published it, it's most likely not fair use.
200
True or False: as long as you only use 1 paragraph of an article, you are covered by fair use.
False: it depends. If the article is 50 pages long, 1 paragraph would probably be okay to use (as long as it's not the "heart" of the work). If the article is only 2 paragraphs long, using 1 entire paragraph is using half of the work, so that's a lot.
200
True or false: if someone loses money in a situation, it's most likely not considered fair use.
True. If the creator/owner loses money, you will most likely get in trouble and it's not considered fair use.
200
True or False: many times fair use is unclear
True. The court and the owner of the copyrighted work may not agree with your interpretation of fair use.
300
A news reporter uses a portion of a song during a broadcast. Is this most likely fair use or not?
Fair use (most likely) because it's being used for the purpose of reporting/commentary.
300
A book publisher uses a few pages from a copyrighted book about the factual event of the assassination of President Kennedy. Is this most likely fair use or not, and why?
This leans more towards fair use because it was from a factual event (and also only a few pages were used).
300
True or False: it's generally considered fair use for a popular song to play during a time out during the UF vs. FSU football game.
Most likely this is fair use since only a portion of the song is being used (also, no one is losing money).
300
Google uses thumbnails of pictures on their website. This is probably not fair use because the owner of the pictures can lose money since people can just get the picture off of google (true or false).
False: this is actually considered fair use because it's "transformative" (fair use factor 1). Weird, huh.
300
Who does Safe Harbor protect?
Online service providers like Facebook, Youtube, and Google.
400
The Washington Post (a newspaper) used brief quotations from church articles that were posted on the internet. True or False: this is most likely fair use.
This is most likely fair use (true) because it's for the purpose of news reporting/commentary.
400
Joe used a portion of a biography of George Bush to create a documentary about George Bush. Is this most likely fair use? Why or why not?
This is most likely fair use because the work is factual. As long as he didn't use too much, he's probably okay.
400
Explain what the "heart" of the work is.
It's the "main part." The part that everyone recognizes and what makes the work known and popular (ie: the chorus in the song Thriller...the verses aren't the main part, the chorus is).
400
If you hurt the potential market by using someone else's work (meaning, making it to where they can't make money in the future) it's most likely fair use.
False. It's not fair use if you hurt their current or future ability to make money.
400
What is the public domain?
It contains items that are no longer protected by copyright (either because copyright has expired or never applied in the first place)
500
Joe used a large portion of a book for his school report. He posted the report on his school website.
This leans towards not being fair use. Although he's using it for school, it's not directly related to instruction. He also used a large portion of the book, then shared it publicly. If it had not been shared or a small part would have been used, it would have leaned more towards fair use.
500
Why is it more likely to be fair use if you use a portion of someone else's "factual work" instead of their "creative work?"
Facts are the same across the board because they really happened. Creative works are made up and someone's original ideas or thoughts, so they clearly belong to that person.
500
Tom is using a clip from the movie Frozen on his website. The clip he chose to use is when Elsa sings "Let It Go." This is probably fair use since it's only using a portion (true or false).
Most likely false. He is only using a portion, but he's using the "heart" of the work and sharing it publicly.
500
Miss C wants to purchase a copy of Microsoft Office for one computer and make copies for all 30 computers in her class. This is fair use since she's doing it for teaching purposes (true or false).
False. Although she's using it to teach (fair use factor 1), Microsoft is losing money from her, so based on fair use factor 4 it's not okay.
500
It's okay to share a digital photo file that's copyrighted as long as the CMI (copyright management information) has been removed.
False: it's highly illegal to share information whose CMI has been removed (just because it's removed doesn't mean it's not still covered by copyright).