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Fair Use Definition:

According to the U.S. Copyright Office( 2021), “The fair use of a copyrighted work, including such use by reproduction in copies or phono records or by any other mean, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

It is a legal document that allows little use of copyright materials without getting permission from the original owner of the material.

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Not all uses of copyrighted material in an Educational/Academic context are automatically considered fair use!”

Understanding Fair Use and the Four-Factor Analysis: Stanford University Libraries state that the four-factor analysis used to determine fair use are purpose, nature, amount and market effect.

1.The Purpose and Character of the Use- Focus on the why we need to use this material to and how do we go about using it in the right way.

The reason why we used it if for teaching, research and for transforming someone’s original material into our own rather than copying it and using it as is.

2. The Nature of the Copyrighted Work – Highlight the type of work being used.

The nature surrounds the key concepts copyright work to see if it original work is factual, nonfictional or published.

3. The Amount and Substantiality of the Portion Used- The used of the original work

How much of the original work is used and was it the heart of the work taken.

4. Effect on the Market- Focus on the fact if the work affect the original or the market value.

Is the potential market or value of the copyrighted work pose harmed by the use and is it less likely to qualify as a fair usage if it damage the original value and replace it?

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Scenario 1 analysis using the four- factor Test

Rasheed Baxter Scenario 1:

Purpose and character

1. The clip use in a classroom to support teaching, and it facilitates commentary/critique

Nature of the copyrighted work

1. The document is factual and informative, though likely with creative elements.

Amount and substantiality of the portion used

1. A 5 minute clip from a longer documentary is a limited portion

2. The portion is used specifically to highlight a key educational moment

Effect of the use on potential market

1. Showing a short clip in a classroom does not substitute for purchasing to licensing the full documentary

Result: “Fair Use.” All these scenario are fair use, it aligns with common fair use protections for educators under the U.S. copyright law and also aligns with exemptions under the teach act for in person instruction.

Lisan Chambers Scenario 1: “Lisan uses a five (5) minutes video clip from a YouTube in a PowerPoint presentation for a class discussion.

1. Purpose and character:  The use of the video was educational and for teaching the lesson while carrying out the information in a transformative sense to analyzing and discuss the topic at hand and not for entertainment uses.

2. Nature of the Work: The video was factual and instructional, though it have some creative element that leans toward fair use.

3. Amount used: The video was just a short clip and it was not the most valuable or central part of the original video such as the heart, which weighs it as fair use.

4. Effect on Market: The video was short and used only for in the classroom discussion and requires no licensing to use, as it was not distribute to the student or replace the original in any form to pose as a damage.

Result: “Fair Use.” The use is for educational purpose in a face to face discussion with limited amount of material shown and little to no commercial or market harm. It is full aligns and support under the Teach Act and classroom use exemptions under U.S. Copyright Law.

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Scenario 2 analysis using the four-factor

Rasheed Scenario 2

An instructor downloads a youtube video using a third-party service embeds it in a presentation, and uploads that to the online course platform

Character purpose

1. The use is educational, which leans toward fair use.

2. However, downloading a youtube video via third-party tool may violate youtube terms of service, which can undermine fair use claims

Nature of the work

1. Depending on the video, this could be creative music, flims clips or factual lecture commentary

Amount and substantial

1. If the video is full is used, that weighs against fair use, especially if it includes the core or most valuable parts of the work

Market effects

1. Uploading the presentation with the embedded video to a course platform could substitute for original viewing especially id ad revenue or views are lost

2. Downloading and redistributing YouTube content circumvents the platforms controls and may impact creators income

Result: “Not Fair Use.” Even though the intent is educational, the method of obtaining and redistributing the video especially outside the YouTube platform and in potential violation of its terms undermines a fair use claim.

Lisan Scenario 2

An instructor Teaching and online class on Microsoft Teams and downloads a video on Electrical Hand tool from YouTube using a third-party server and embeds it in her presentation, and uploads the presentation to the course platform for student access.

1. Purpose and character-The video was Educational, However the downloading and sharing of the video violated YouTube’s terms.

2. Nature of the work- Creative content weighs against fair use.

3. Amount used- Entire video was used and not just a short clip of it which weigh against fair use

4. Effect on market- It bypasses revenue as the teacher allows the video to be fully accessible to all student harms the creator’s interest in the market.

Result: “Not Fair Use.” Downloading and re-uploading full content violated the YouTube terms without authorization from them which is illegally or ethically protected. This could harm the original and surpass the creators own.

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Should Copyright Rules Differ for Online vs. Face-to-Face Classes?

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Should Copyright Rules Differ for Online vs. Face-to-Face Classes?

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The copyright act protects the rights of the copyright holder. Once anyone decides to use someone else's work, credit should be given to the copyright holder. There are some copyright materials that give certain rights for educational usage. According to section 110.1 and its related sections, it allows for the performance and display of copyrighted protected works in face to face classroom settings with limitations on the use of motion pictures.

According to Canisius University, under the face to face classroom exemption, all types of the following copyright protected materials may be displayed and performed in the normal classroom environment. The stipulation being that the intent is for educational (not entertainment purposes.

In online or distance learning environments, educators often need to use copyrighted materials such as videos and articles. Copyright law in the United States allows for some flexibility under the doctrine of fair use, but there are specific considerations and limitations in an online platform. While we use the term fair use, or copyright we need to know that it means that it gives limited use of copyrighted material without permission from the copyright holder.

Should copyright rules differ for online and face to face learning

In our opinion, online learning and face to gace learning should carry different criteria. It is a different experience dealing with students on each basis. When on online classes, students cant easily share materials for learning. Or if contents are not shear, they can't sit together and view a screen recording or video. All of this can be done if they are in the same classroom doing the work together. In most cases copyright law wasn't created for online learning.

In Jamaica under section 51 of the copyright act, it is not considered an infringement of copyright for a teacher or student to use certain content for their course.

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References

Copyright Alliance. (2022). Fair use: What is fair use and why does it matter? Retrieved June 2025, from https://copyrightalliance.org/faqs/what-is-fair-use/#

Stanford University Libraries. (n.d.). Fair Use Overview. Stanford Copyright and Fair Use Center.

https://fairuse.stanford.edu/overview/fair-use/

U.S. Copyright Office. (2021). More information on fair use. Retrieved June 2025, from    https://www.copyright.gov/fair-use/#

U.S. Copyright Office. (2021). Title 17 of the United States Code: Section 107 – Limitations on exclusive rights: Fair use. Retrieved from             https://www.copyright.gov/title17/92chap1.html#107