Computer software is tangible material and can be copyrighted. The Doctrine of Fair Use applies to computer software.
Permissible uses of copyrighted software owned by or licensed to the University or its faculty:
Prohibited uses of copyrighted software:
SCENARIO 22: An instructor is teaching a class delivered on cable television or via two-way interactive video (GSAMS), and she uses a commercial videotape (either in its entirely or a portion), which is sold for instructional purposes, during a class to illustrate a concept covered in the discussion.
FAIR USE? Yes. She is using a commercial video for its intended purpose. Moreover, it is being used to illustrate a concept connected with the class discussion.
Same facts as SCENARIO 22, but the class is distributed over the Internet.
FAIR USE? This is a fair use only if access over the Internet is restricted.
Same facts as SCENARIO 22, but the videotape is not "educational" in orientation.
FAIR USE? Distribution over two-way interactive video or cable television controlled by the institution would be fair use, as would restricted distribution over the Internet. Unrestricted distribution over the Internet is not a fair use.
Taping On-Air Programming
SCENARIO 23: A faculty member records a segment from a television program. The segment will be shown in a GSAMS class the following day. The remote sites will record the class in the event of technical difficulties.
FAIR USE? Yes.
Retention of Tape of On-Air Programming
Assume there are technical difficulties in SCENARIO 23 and the remote sites replay the tape containing the program segment.
FAIR USE? Yes. The use is for instructional purposes.
Retention of Videotape of Copyrighted Material
SCENARIO 24: Institution E records a two-way interactive video (GSAMS) class that contains copyrighted works. The tapes are kept for the entire quarter to serve as review for students who may have missed a class or as backup in the event of technical difficulties. At the end of the term, the tapes are erased.
FAIR USE? Yes.
Use of a Videotape of a GSAMS Class Containing Copyrighted Material
What if the professor who conducted the class in SCENARIO 24 decides to show the tape to her continuing education class (or to a community group)?
FAIR USE? Yes, showing the tapes to her continuing education class is fair use if she is using the material for educational purposes and no admission fee is charged. Showing the tape to a community group may or may not be a fair use. The fact that the user of the tapes is a professor does not make the showing of the tape to a community group an educational use. One would need to conduct a fair use analysis.
Rebroadcast of a Videotape of a Two-Way Interactive Video (GSAMS) Class Containing Copyrighted Material
SCENARIO 25: Institution E records a two-way interactive video class that contains copyrighted text, video, audio, and photographs that are relevant to the class. Institution E rebroadcasts the videotape to a class at Institution F.
FAIR USE? Yes. It is fair use since instruction is occurring.
SCENARIO 16: A teacher or student prepares and gives a presentation that displays photographs. Permission was not obtained to use the photographs.
FAIR USE? Yes. The copyright fair use provision explicitly provides for classroom use of copyrighted material. Instructors and students may perform and display their own educational projects or presentations for instruction.
Electronic Transmission or Broadcast of Classroom Presentation
What if the presentation incorporating the photographs discussed in SCENARIO 16 is broadcast to a distant classroom?
FAIR USE? Yes. This use would be considered fair use, as long as the presentation is broadcast for remote instruction.
Broadcast of Classroom Presentation to Home or Office
What if the presentation discussed in SCENARIO 16 is broadcast to students at their homes or offices?
FAIR USE? Yes. This use would be considered fair use if the individuals are enrolled in a course and viewing the presentation for purposes of criticism, comment, teaching or instruction, scholarship, or research.
Videotaping of Classroom Presentation
What if the teacher's or student's presentation explained in SCENARIO 16 is videotaped?
FAIR USE? Yes. This use would be considered fair use, if the videotape is used for educational purposes such as student review or if the videotape is for instruction.