Scenarios

Dear Students: Before you attempt to begin your projects, check out the following scenarios to find out what's acceptable and what isn't. Here are a few considerations you need to remember when you incorporate others' words, images, music and or film into your projects:

Scenario 1: A group of Middle school students have formed a civil rights group, headed by a teacher advisor. After school hours that group wants to show a copy of the movie, //School Ties,// which explores themes of anti-Semitism and bullying. The group plans to discuss the themes in the movie and how their own school is similar and different from the school represented in the movie. One of the student members has downloaded the movie off of Netflix onto his laptop and plans on showing it in its entirety using an LCD projector.

__**Is this fair use of the movie?**__ A) Yes, this is fair use. After all, it's for educational purposes, including critical evaluation of the film. There is a teacher involved, and the outcome of the usage is for "the greater good." B) No it's not fair use. The student or classroom teacher would need to buy a copy of the movie for it to be acceptable. C) Because of the amount the student is showing, this is not fair use. If it were a section of the movie, that would be okay, but the whole movie is too much to be acceptable. D) No it's not fair use unless the school has paid a small licensing fee to own it as part of their library collection.

//The answer is A// //[|Educators can use "lawfully made" copies of copyrighted materials in the classroom.]This includes school or privately purchased DVD's or rental DVD's.//

Scenario 2: As an exercise in persuading an audience, a student creates a public service announcement using a 60 second segment from the movie, //Ice Age//. As the prehistoric squirrel maneuvers his cherished acorn across the ice, the student created message appears above the cartoon reminding underclassmen to keep an eye on the prize, (high school graduation). Is this wrongful use of the film?

A) Yes, the owner of film has control over all forms of reproduction. B) No, the PSA complies with the rule of Fair Use because it is strictly for educational purposes and the excerpt is only 60 seconds. C) Yes, the words added to the video alter the film's image. D) No, the material has been "transformed" by adding the message above the film clip, and therefore maintains Fair Use.

//The answer is D!// Just as it states, the PSA use of the film clip maintains Fair Use; it is a short excerpt and transformative.

Scenario 3: You have been given a small group assignment to create a visual presentation that displays your understanding of the Romantic Movement in American Art and Literature. You and your groupmates decide to create a Prezi presentation. You pull together a wide variety of images (an American landscape painted in the Romantic style, some contemporary photography depicting Romantic themes, and several paintings/photos of moonlit nights) and display them in a visually pleasing, if you may say so yourself, Prezi. But wait--does your project violate copyright law?

A) It depends on whether the websites from which you copied these images are in legal compliance with copyright law. B) As long as you've noted the artists and titles of each work, you're in the clear. C) It depends on how long the Romantic painter has been dead. D) More than 10% of the material that you've used is not your own, so you'd better start over.

//The answer is B// Based on the [|four factors of Fair Use], this project does not violate Fair Use laws. It uses the art for a transformative purpose; the works are already published, so you are not preventing an artist's debut; you have taken very little art from any single individual; and this project will in no way threaten the copyright owner's cash flow.

Scenario 4: As part of a service-learning project that your English class participated in, you have created iMovies of popular children's books. The iMovies include your voice (reading the book), images from the books that have been scanned onto your laptop, and popular music from CDs that you own. Your mother, who runs a day-care out of your home, would like to use these "iMovie Books" with the children at her day-care. What should you tell your mother?

A) Go ahead! You created the iMovie for educational purposes and the movies will be used to educate the children at the day care. B) Don't do it! It is a violation - once the video leaves your school and is used at the day care it is no longer considered "educational use." C) Don't do it! It is a violation - once you have change the format of the book (into an iMovie) it can't be used at the day care because it is no longer considered "educational use." D) Both C and D.

//The answer is D// Your teacher did a great job developing a project that does not violate Fair Use. However, once the iMovies get used outside the classroom for non-educational purposes, you're actually in violation of TWO rules!

Scenario 5: For her independent book project, //Kids and Guns//, Tiffany shows a video from You Tube to highlight an important incident. During her video presentation, she explains that the clip relates to her book, but she does not tell the class her source. Should Tiffany be charged with copyright violation or plagiarism?

A) Yes, copyright violation and plagiarism. Tiffany did not cite her source by giving credit to YouTube and attempted to pass off the video as her own work. B) No. YouTube exists for public consumption including educational purposes. C) No. The student is showing the YouTube video for educational purposes. D) No. The student work falls under the provision of “Fair Use” because it is an acceptable use of copyrighted material.

Click here for the right answer: http://www.videomaker.com/article/14261/?refresh=0

//The answer is A// Tiffany did indeed attempt to pass off the work as her own. You can use work from YouTube, but you must cite your source, otherwise it is considered plagiarism, which may result in failing the class, a letter home and failing the assignment, and/or expulsion from school. Be sure and check your student handbook for school rules on plagiarism.