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Intellectual Property: For Educators (The TEACH Act)

I'm having a difficult time understanding fair use law. Can you provide me with a brief overview that simplifies this theory?

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Part 1:

An instructor has recently begun teaching online. The course she teaches frequently made use of excerpts from television programs in order to make points. All of the videotapes shown were of short segments of the programs, and the instructor did not keep the videotapes for extended periods of time. In order to do the same thing in her online course, the instructor decides to take the videotapes and convert them to digital video. The digital video is then placed within Web pages used for the course. IS THIS AN EXAMPLE OF FAIR USE?

SOLUTION:

According the article, TEACH Act and Distance Learning, "TEACH states that only 'reasonable and limited portions' of audiovisual works and dramatic musical works may be used." It also gives clear guidelines for instructors to follow when using video in distance learning courses. Consequentially, there are several stipulations that ...

Solution Summary

An instructor has recently begun teaching online. The course she teaches frequently made use of excerpts from television programs in order to make points. All of the videotapes shown were of short segments of the programs, and the instructor did not keep the videotapes for extended periods of time. In order to do the same thing in her online course, the instructor decides to take the videotapes and convert them to digital video. The digital video is then placed within Web pages used for the course. (1) IS THIS AN EXAMPLE OF FAIR USE? (2) IS THERE ANYTHING THAT MIGHT MAKE IT FAIR USE IF IT IS NOT? DOES IT MATTER WHAT TYPE OF TELEVISION PROGRAM IS USED? (3) INDEPENDENT OF FAIR USE, ARE THERE SOME OTHER RULES THAT ALLOW THE VIDEO TO BE USED OR TO NOT BE USED?

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