Answers to the 20-Questions Fair Use Copyright Quiz
2. True. The district must enforce its written policy, not just
post it. Somebody needs to be monitoring the network (and, it must be
said, the stand-alone computers, too). Unenforced policy cost one large
district over $1 million.
3. False. Congress holds that videotapes of publicly broadcast
shows can only be shown for 10 days afterwards unless the copyright holder
grants greater allowances for educators. The time has long passed when
she should have asked permission or purchased the tape.
4. True. The video is a legal copy being used for instructional
5. True. The length of the clip and its use for educational purposes
support the fact that this is fair use. Since the school LAN is presumably
not accessible to the outside world, posting the report should not cause
6. True. As long as the material is not publicly distributed,
the student may archive his/her work.
7. False. Internet pages are copyrighted automatically. The student
cannot safely post (and therefore re-copyright) anything for the general
public without permission--even if credit is given. Use in a classroom
report would have been okay.
8. True. The distributors of "Bill Nye," like those
of many other educational shows, allow educational retention after original
broadcast, in this case, for three years.
9. True. The competition was expressly designed for classroom
work by students. If the resulting projects were distributed on CD-ROM
or posted at a Web site, however, the copyrighted works could cause a
10. True. Fair use is generally extended to include educator trainings
11. False. Although netiquette would dictate asking permission,
since it's serving an instructional purpose, the trainer should be all
right. Because it is impossible to view a Web page without first downloading
it into computer memory, merely caching the page for future use should
not be interpreted as illegal copying.
12. True. The checkout is fine. The school must make serious efforts,
however, to make sure parents erase the program from their computers.
13. False. The television station is wrong. First of all, it doesn't
hold the copyright on "Seinfeld." Secondly, the use occurred
within 10 school days after the broadcast.
14. False. For fair use, the copy must be legally obtained. The
student was using an unauthorized copy. Francis Scott Key may be dead,
but the orchestra that created the arrangement and created the tape is
probably alive and kicking.
15. False. This is not instructional use. The fact that money
is being charged is irrelevant; the problem lies in the use of copyrighted
materials for non-instructional purposes.
16. True. "Players" such as this are intended for distribution
and the program itself is never in simultaneous use.
17. True. The teacher does have the right to make them stop using
18. False. The copyright holder sells the performance rights to
schools in a very specific way. If you want "Cats," buy the
performance rights. Sell tickets if you have to.
19. False. Schools may not tape in anticipation of requests. They
can act only on actual requests.
20. False (at least for now). The copyright holder lost in a just
such a case.