Scenario 1 - Audio

Dr. Smith is a professor who teaches via a Learning Management System (LMS), at an
accredited, non-profit university. He teaches the Foundations of Instructional Design class.
There are five students in his online class that are legally blind. All of the students contacted him
prior to the start of class and gave him all of the required documentation of their disability. Since
it is the universitys policy to make all of the materials accessible (section 508 of the Americans
with Disabilities Act) for all students. Dr. Smith decided to create an audio recording of one of
the textbooks for the legally blind students to use. Is Dr. Smith allowed to take a textbook that is
copyrighted and convert it into an audio recording or another type of format?
Purpose and Character: Dr. Smiths purpose for taking the book and converting it into an
audio format was so that it was accessible for the legally blind students. Since it is being used in
and educational setting and situation, not to mention in a not for profit school then it is
considered fair use.
Nature of the Work: Even though the text book is copyrighted since Dr. Smith converted it to
audio and it still qualifies under fair use.
Amount and Substantiality: Since Dr. Smith converted the entire book and not just sections it
is not going to be covered under fair use. Had it been sections that would be different.
Market Impact: Since it is not being used to gain profit then there will not be any market
impact. Dr. Smith does not gain anything from this however it is used for accessibility for the
legally blind students.

Scenario 2 Book Chapter

Dr. Winn is a professor that teaches Advanced Scientific Mathematics online via a Learning
Management System (LMS), at an accredited, non-profit university. The textbook that he uses
and has assigned for the class is The Study of Hypothetical Mathematics in Physics. However this
semester they have a new edition that he wants and he was not able to get in it on time as it was
on backorder on Amazon, and at the bookstores. Since school was starting that week and his
classes started in less than 48 hours, Dr. Winn decided to make a copy of the very first chapter of
the book. He had an example copy and so he thought why not, my students need this book
pronto. He made a copy of the first chapter and posted it online in the LMS for all of his students
to access. He also made sure to let the students know to not distribute this chapter anywhere else
because it is a violation of copyright law. The LMS is protected by a login which is a user ID and
password in order to access it. Therefore based on the laws of copyright did Dr. Win actually do
the right thing by taking the first chapter from his example textbook and posting on the LMS?
Purpose and Character: Dr. Winns use of the example text books fist chapter can be
considered fair use because he is in a non-profit educational setting and he did not ask or receive
any money from it.
Nature of the Work: The example textbook chapter is considered a produced work because it is
printed and published therefore this can be considered under fair use.

Amount and Substantiality: Dr. Winn only copied one chapter, not the entire book which has
over thirty chapters.
Market Impact: Dr. Winn does not intend on getting rich from this text, he has not charged any
money nor does he plan on taking the information and republishing it. Therefor it does not affect
the market because he plans on buying the books when they come in.

Scenario 3 Music
Brian Morris is an undergrad student in Dr. Germs online class, American Popular Music.
The class is delivered through a Learning Management System asynchronously. Dr. Germ has
given the entire class an assignment to create an E-Portfolio using music from at least 5 great
American artists. Brian decided to use music from Britney Spears, Elvis Presley, Johnny Cash,
Waylon Jennings, and Dolly Parton in his portfolio. He decided to borrow his dads cd collection
which had all of the artists he needed. While listening to the music he decided to make a copy of
the music and put it on his computer. His dad had purchased the CDs and not him. Brian chose
one song from each artist and put it in his E-Portfolio and made the song play half way through.
He did not recreate or modify the original works in any way and as a result Brian assumes that
since his Dad purchased the CDs, he shouldnt have to cite the artists work. Is Brian correct in
this assumption?
Purpose and Character: Since Brian used Britney Spears, Elvis Presley, Johnny Cash, Waylon
Jennings, and Dolly Parton in this educational non-profit setting it can be considered fair use.
The use of these with his work is for educational purposes and he did not modify or recreate the
original work in any shape or form.
Nature of the Work: Since the artists music has been published then it can be considered under
Fair Use.
Amount and Substantiality: Brian uses half of the song for each artist, under this it isnt
considered Fair Use because its half of the original work of each artist.
Market Impact: Brian did not intend to recreate or modify the original work at all, however
since it is for school use and not for a commercial purpose then there will not be any market
impact.

Scenario 4 - Images
Dr. Smartwood is a professor that teaches the History of American Art via a Learning
Management System (LMS) asynchronously at a non-profit, accredited university. Dr.
Smartwood decided that she was going to make an online Prezi out of some of the images she
had found years back and scanned into a digital format. These images came from magazines,
journals, and art reviews. Dr. Smartwood would not normally have access to these materials but
the university subscribes to those things and as a result it furthers her research. Dr. Smartwoods
intention was to get the students to understand American Art as she saw they were needing help
grasping concepts and ideals. Dr. Smartwood creates the online Prezi and shares the link on the

Learning Management System so her students would have access to it. Is Dr. Smartwood
infringing on copyright laws by using the images she scanned in her online Prezi?
Purpose and Character: Since Dr. Smartwoods use of the images was for a non-profit
university and also not to gain anything then this can be considered under Fair Use.
Nature of the Work: Dr. Smartwood digitally scans the images from magazines, art reviews,
and journals all of which have been published therefore this falls under Fair Use.
Amount and Substantiality: Dr. Smartwood did not copy entire magazines, journals, or art
reviews. At best it was very minimal and therefore can again be considered under Fair Use.
Market Impact: Dr. Smartwood did not intend nor does she intend to copy any works and sell
them or even replace them. She just wanted to use the images to help her class understand.
Therefore there will not be a market impact.

Scenario 5 E-Books
Pika Pikachu is a full time grad student that is enrolled in 4 online classes at Texas Tech
University. The classes that Pika is taking is delivered using a Learning Management System and
they are delivered asynchronously. Mr. Pikachus books that he has to buy for the classes would
cost him roughly $200 per class for a total of $800. However Mr. Pikachus friend Jeff decides to
tell him before he buys the books that he could go online and download any textbook he needs
for free. Pika asks him how this works, and Jeff tells Pika it comes in an E-Book format. Pika
thinks about it for a while and decides he really could use the $800 to help buy him that new
gaming system that just came out. So Pika jumps on the internet and downloads his textbooks in
E-Book format from the website Jeff told him about. Mr. Pikachu did not do any research on the
website to see if they were a legitimate company or website. He also did not notice if there were
any copyright or fair use notices on the site. Since Pikas classes were online anyhow he really
did not see the issue of downloading his textbooks for free in an E-Book format. Based on
Copyright and Fair Use is Mr. Pikachus actions acceptable?
Purpose and Character: Mr. Pikachus use of the downloaded textbooks is for an educational
purpose. While that might be considered fair use, downloading text books from a noncopyrighted website could be an issue.
Nature of the Work: The textbooks that were downloaded in E-Book format are and have been
published and printed which means they have a copyright and thus could be used under Fair Use.
Amount and Substantiality: Mr. Pikachus overall downloading from a shady website without
any copyright or fair use notice is an issue here especially since it was the entire textbook in EBook format.
Market Impact: There is a definite issue here and Mr. Pikachus downloading could cause a
drop in revenue for the publisher of the book, especially those that follow in the footsteps of Mr.
Pikachu.

Scenario 6 - Video
Jo Lynn is currently enrolled in an online Instructional Design class that is focusing on
multimedia projects, specifically video. She is taking this class online through an accredited
university and through a learning management system that uses asynchronous communication.
This is Jos last class before she graduates from Texas Tech University so she really needs to
focus on her final project. This final project she is going to do consists of 4 video clips that she
found online and they play for 30 seconds a piece. Jo does not change the clips in anyway nor
does she make them into a new work. Jo decides to post her project online on her website so that
everyone can see it. The instructor gives Jo an A+ on her final project grade. Fast forward a
month after graduation, Jo has an interview with this multimedia design company and she wants
to use her project as a demo/portfolio so the company can see what she is capable of. She decides
to use her final project without any type of copyright notice or fair use notice for the video clips,
which she claims were on the creative commons. Would Jos forgetfulness of the copyright or
fair use notice, and use in a job interview be acceptable based on copyright laws?
Purpose and Character: Jos overall goal and purpose of the clips was for her final project for
her class. Which this shows fair use because it is for an educational setting and educational
purpose. Another thing about this is the fact that Jo does not change or modify the works in
anyway. Now heres where it gets a bit more towards the middle of the spectrum and thats with
the use of her work in a potential job interview. She is basically passing the work off as her own
excluding the copyright notice which can and will lead to copyright infringement, not to mention
it is unethical.
Nature of the Work: Even though the videos were published under a creative commons and
allowed for fair use, Jo forgot or purposely excluded the copyright notice which is an illegal act
and copyright infringement.
Amount and Substantiality: Jo might use a small portion of each clip under 1 minute (30
seconds) to be exact which might fall under fair use as its not the entire clip, theres still the
issue of not including the copyright notice.
Market Impact: Since the final project was for an educational purpose and setting then it can be
said fair use would apply here. As a result of that there isnt a direct issue with marketability
because it isnt for a commercial use.