Ethics and Copyright in Distance Education
Scenario 1 (Books)
For a distance learning English Literature class, the instructor, Mr. Farley, assigned students to relate the themes of a modern television program or movie to the themes found in a classic work of literature. Stephanie Bowman decided to relate the themes from the novel To Kill a Mockingbird to those of the film Slingblade. Stephanie quotes direct lines from the movie with segments of text from the novel. She wants to post both text a stills from the movie on here course website. Stephanie assumes that since To Kill a Mockingbird is considered a classic novel, citing the text without referencing is alright since the book falls in the public domain. Is Stephanie correct in her assumption?
The purpose and character of the use: Stephanie is not seeking any profit for the material she is using and both material from the film and movie are for educational purposes only.
The nature of the work: Since To Kill a Mockingbird is a work of fiction, it carries more of an ‘artistic’ label and is likely more protected under copyright. It is also published and printed, which favors fair use.
The amount and substantiality of the portion used in relation to the work as a whole: Since Stephanie will only be using small sections of the text from the book and quotes form the movie (< 10%), her project favors fair use over copyright infringement.
The effect of the use on the market or potential market for the original work: Both the film and the book are still in publication, even though they were produced several years ago. Still, Stephanie’s use poses little threat to the marketability of either product.
Verdict: It seems that the majority of Stephanie’s use of the copyrighted material falls within fair use guidelines. Still, her assumption that To Kill a Mockingbird is in the public domain is incorrect since it was published after 1923.
Scenario 2 (Music)
Mrs. Philips assigns students in her Introduction to Photography class to create an interactive slideshow of their most recent project. Jodie Carmichael completes the project as assigned, but feels like the project could use some enhancements beyond the assigned criteria. Jodie decides to burn a copies songs from a CD she owns and upload them to her project. The songs play for 6 minutes 22 seconds during the project. Since Jodie owns the CD, he feels it I alright to use the songs in the project without citation. Is Jodie correct?
The purpose and character of the use: Jodie’s use of the songs in not specifically for education purposes since it is not directly related to learning any particular concept. This puts the use of the music in a grey area, especially without using proper source citations.
The nature of the work: The music was previously published, which slightly favors fair use. Music is often a creative work and many major copyright cases have gone to court over the improper use of copyrighted music.
The amount and substantiality of the portion used in relation to the work as a whole: Fair use guidelines normally call for no more than 30 seconds of copyrighted music to be used. Jodie is using over 6 minutes which violates this standard.
The effect of the use on the market or potential market for the original work: It is doubtful that Jodie’s use of the songs will have a direct impact on the marketability or commercialization of the music, but any time songs are distributed in a digital environment, there is the opportunities for others to record it and reuse the songs without permission.
Verdict: Jodie has several circumstances that directly impact the copyright, mainly the decision not to use citations, the amount of music he plans to use, and the fact that songs are easier to distribute without authorization. I would advise Jodie to reconsider his plan and seek alternative enhancements to his project.
Scenario 3 (Video)
For a distance learning Human Resources demonstration, Ron Phillips decides to piece together movie clips demonstrating different communication approaches. No single clip surpasses 2 minutes in length. Ron searches his collection of DVDs and finds clips he feels are appropriate for the learning session. He then burns these clips onto his computer using a third-party software and uploads them to the company website where they can be viewed by the class participants. No password is required to view the clips. Is Ron violating copyright by using the movie clips?
The purpose and character of the use: Ron is using the movie clips for educational purposes but also for discussion and criticism. This tends to favor Fair Use, especially since the class in not for profit.
The nature of the work: The films a creative works that have been published. This could favor both copyright and Fair Use. Since the clips are from major motion pictures, it is well-known that they carry copyright protection.
The amount and substantiality of the portion used in relation to the work as a whole: Ron is using no more than 2 minutes of footage from any single movie, but combined, the total time of the clips exceeds the 3 minutes allowed by Fair Use guidelines.
The effect of the use on the market or potential market for the original work: The film clips have the potential to be transferred by users, especially since they are not protected by a password. Also, Ron has no license to use the copyrighted material, even though he owns the DVD content.
Verdict: Ron should reconsider his use of the movie clips since the intended content is longer than 3 minutes and the clips will be available in an environment that is not protected by a password.
Scenario 4 (Images)
Barry Moreland needs to create a web site depicting a fictitious restaurant for the Introduction to Business Entrepreneurship distance course he is teaching this semester at the community college. Since Barry has never owned a restaurant, he has very few resources to choose from. Barry was looking through a cooking magazine when he developed the idea of photographing the images from the magazine to use on his site. Since Barry is “technically” taking pictures of the items using his own camera, he determines it is alright to post the images to his website where they can be viewed by the students. According to copyright, is Barry allowed to use fifteen photographs he took on his teaching website?
The purpose and character of the use: Barry is using the images for an educational purpose, but he is doing so in a way that mimics how a commercial enterprise might use images. This is a difficult area to determine, especially since the original copyright status of the images is not identified.
The nature of the work: These pictures were published in popular magazines, yet by taking pictures of these images, they were not lawfully acquired by Barry.
The amount and substantiality of the portion used in relation to the work as a whole: Since Barry is using only 15 images, he feels that this meets Fair Use guidelines. But he neglected to recognize that the images are not part of a collection but rather the individual works of distinct photographers. In this case, he is only allowed to use 5 images.
The effect of the use on the market or potential market for the original work: Barry is making images available in a digital format when that was not the original intent for the pictures in the publications. Also, the website is likely to remain even after the class is over, which violates the acceptable time frame for using the photographed material in a course.
Verdict: Barry is better of seeking an alternative source for his images. He could try to collective commons or purchase royalty-free images designed for environments. Since the images are used in distance education rather than face-to-face environments, the copyright issue is of greater concern.
Scenario 5 (Blogs)
For her Political Science distance learning class, Molly Duvall is supposed to gather and critique opinions related to the rising prices of imported goods. Molly researches several articles and interviews acquaintances familiar with the topic, but feels like the information she gathered is not adequate for the assignment. In continuing her research online, Molly discovers several blogs offering opinions from several different perspectives. Molly decides to use quotes from the blogs verbatim in her research paper without taking the time to discover the author of the posts. When she submits her final document, does it abide by copyright guidelines?
The purpose and character of the use: Molly’s use of the material is not directly correlated to an specific educational topic nor is it intended for commercial gain. The character of the use of blog quotes is a concern since Molly could be using them in the context of data that she actually collected on her own rather than relying on the preexisting opinions of others.
The nature of the work: The blog posts are not produced in any specific publication and therefore are more likely to be considered under copyright protection and not Fair Use. Also, the quotes in question are based on opinion and not fact, furthering the copyright argument.
The amount and substantiality of the portion used in relation to the work as a whole: There are no clear guidelines on the amount of material that can be used from a blog or related posting but it is a general consensus that the person using the material should seek permission from the source of the quotes.
The effect of the use on the market or potential market for the original work: There is no commercial association with the blog postings, yet permission should still be sought before quotes are used.
Verdict: From a Fair use standpoint, Molly appears to follow many of the guidelines of proper use since there are no distinct parameters set on blog and Internet postings. The central question involves integrity, especially if Molly intends to pass the blog quotes off as information she gathered on her own.
Scenario 6 (Commercial Use of Poetry)
For a distance learning Marketing class, Tanner Carson has to develop and execute an online marketing plan by both creating and selling a unique product. Tanner decided to compile a collection of poetry and create a digital e-book. Tanner includes several of his own poems in the compilation. He also includes poems he found on the Internet. After creating his e-book, Tanner is able to sell seventeen copies for profit. Even though this was a school project, was making a profit on the poetry in violation of copyright?
The purpose and character of the use: Since Tanner sells the poetry, he is using the works for commercial gain, which is in direct violation of copyright and not protected by Fair Use.
The nature of the work: The poems were originally unpublished in any particular volume and are the creative works of the original writers which also favors copyright protection.
The amount and substantiality of the portion used in relation to the work as a whole: Normally, no more than three poems can be used, and no more than 250 words poems. It is likely that Tanner surpasses both of these rules in his commercial compilation.
The effect of the use on the market or potential market for the original work: Publishing and selling the poems could very likely impact the commercialization of the material for the original authors.
Verdict: Tanner could potentially violate several areas of copyright with his commercial approach. He should stick with only the original poems he wrote, especially if he intends to sell them commercially.
For a distance learning English Literature class, the instructor, Mr. Farley, assigned students to relate the themes of a modern television program or movie to the themes found in a classic work of literature. Stephanie Bowman decided to relate the themes from the novel To Kill a Mockingbird to those of the film Slingblade. Stephanie quotes direct lines from the movie with segments of text from the novel. She wants to post both text a stills from the movie on here course website. Stephanie assumes that since To Kill a Mockingbird is considered a classic novel, citing the text without referencing is alright since the book falls in the public domain. Is Stephanie correct in her assumption?
The purpose and character of the use: Stephanie is not seeking any profit for the material she is using and both material from the film and movie are for educational purposes only.
The nature of the work: Since To Kill a Mockingbird is a work of fiction, it carries more of an ‘artistic’ label and is likely more protected under copyright. It is also published and printed, which favors fair use.
The amount and substantiality of the portion used in relation to the work as a whole: Since Stephanie will only be using small sections of the text from the book and quotes form the movie (< 10%), her project favors fair use over copyright infringement.
The effect of the use on the market or potential market for the original work: Both the film and the book are still in publication, even though they were produced several years ago. Still, Stephanie’s use poses little threat to the marketability of either product.
Verdict: It seems that the majority of Stephanie’s use of the copyrighted material falls within fair use guidelines. Still, her assumption that To Kill a Mockingbird is in the public domain is incorrect since it was published after 1923.
Scenario 2 (Music)
Mrs. Philips assigns students in her Introduction to Photography class to create an interactive slideshow of their most recent project. Jodie Carmichael completes the project as assigned, but feels like the project could use some enhancements beyond the assigned criteria. Jodie decides to burn a copies songs from a CD she owns and upload them to her project. The songs play for 6 minutes 22 seconds during the project. Since Jodie owns the CD, he feels it I alright to use the songs in the project without citation. Is Jodie correct?
The purpose and character of the use: Jodie’s use of the songs in not specifically for education purposes since it is not directly related to learning any particular concept. This puts the use of the music in a grey area, especially without using proper source citations.
The nature of the work: The music was previously published, which slightly favors fair use. Music is often a creative work and many major copyright cases have gone to court over the improper use of copyrighted music.
The amount and substantiality of the portion used in relation to the work as a whole: Fair use guidelines normally call for no more than 30 seconds of copyrighted music to be used. Jodie is using over 6 minutes which violates this standard.
The effect of the use on the market or potential market for the original work: It is doubtful that Jodie’s use of the songs will have a direct impact on the marketability or commercialization of the music, but any time songs are distributed in a digital environment, there is the opportunities for others to record it and reuse the songs without permission.
Verdict: Jodie has several circumstances that directly impact the copyright, mainly the decision not to use citations, the amount of music he plans to use, and the fact that songs are easier to distribute without authorization. I would advise Jodie to reconsider his plan and seek alternative enhancements to his project.
Scenario 3 (Video)
For a distance learning Human Resources demonstration, Ron Phillips decides to piece together movie clips demonstrating different communication approaches. No single clip surpasses 2 minutes in length. Ron searches his collection of DVDs and finds clips he feels are appropriate for the learning session. He then burns these clips onto his computer using a third-party software and uploads them to the company website where they can be viewed by the class participants. No password is required to view the clips. Is Ron violating copyright by using the movie clips?
The purpose and character of the use: Ron is using the movie clips for educational purposes but also for discussion and criticism. This tends to favor Fair Use, especially since the class in not for profit.
The nature of the work: The films a creative works that have been published. This could favor both copyright and Fair Use. Since the clips are from major motion pictures, it is well-known that they carry copyright protection.
The amount and substantiality of the portion used in relation to the work as a whole: Ron is using no more than 2 minutes of footage from any single movie, but combined, the total time of the clips exceeds the 3 minutes allowed by Fair Use guidelines.
The effect of the use on the market or potential market for the original work: The film clips have the potential to be transferred by users, especially since they are not protected by a password. Also, Ron has no license to use the copyrighted material, even though he owns the DVD content.
Verdict: Ron should reconsider his use of the movie clips since the intended content is longer than 3 minutes and the clips will be available in an environment that is not protected by a password.
Scenario 4 (Images)
Barry Moreland needs to create a web site depicting a fictitious restaurant for the Introduction to Business Entrepreneurship distance course he is teaching this semester at the community college. Since Barry has never owned a restaurant, he has very few resources to choose from. Barry was looking through a cooking magazine when he developed the idea of photographing the images from the magazine to use on his site. Since Barry is “technically” taking pictures of the items using his own camera, he determines it is alright to post the images to his website where they can be viewed by the students. According to copyright, is Barry allowed to use fifteen photographs he took on his teaching website?
The purpose and character of the use: Barry is using the images for an educational purpose, but he is doing so in a way that mimics how a commercial enterprise might use images. This is a difficult area to determine, especially since the original copyright status of the images is not identified.
The nature of the work: These pictures were published in popular magazines, yet by taking pictures of these images, they were not lawfully acquired by Barry.
The amount and substantiality of the portion used in relation to the work as a whole: Since Barry is using only 15 images, he feels that this meets Fair Use guidelines. But he neglected to recognize that the images are not part of a collection but rather the individual works of distinct photographers. In this case, he is only allowed to use 5 images.
The effect of the use on the market or potential market for the original work: Barry is making images available in a digital format when that was not the original intent for the pictures in the publications. Also, the website is likely to remain even after the class is over, which violates the acceptable time frame for using the photographed material in a course.
Verdict: Barry is better of seeking an alternative source for his images. He could try to collective commons or purchase royalty-free images designed for environments. Since the images are used in distance education rather than face-to-face environments, the copyright issue is of greater concern.
Scenario 5 (Blogs)
For her Political Science distance learning class, Molly Duvall is supposed to gather and critique opinions related to the rising prices of imported goods. Molly researches several articles and interviews acquaintances familiar with the topic, but feels like the information she gathered is not adequate for the assignment. In continuing her research online, Molly discovers several blogs offering opinions from several different perspectives. Molly decides to use quotes from the blogs verbatim in her research paper without taking the time to discover the author of the posts. When she submits her final document, does it abide by copyright guidelines?
The purpose and character of the use: Molly’s use of the material is not directly correlated to an specific educational topic nor is it intended for commercial gain. The character of the use of blog quotes is a concern since Molly could be using them in the context of data that she actually collected on her own rather than relying on the preexisting opinions of others.
The nature of the work: The blog posts are not produced in any specific publication and therefore are more likely to be considered under copyright protection and not Fair Use. Also, the quotes in question are based on opinion and not fact, furthering the copyright argument.
The amount and substantiality of the portion used in relation to the work as a whole: There are no clear guidelines on the amount of material that can be used from a blog or related posting but it is a general consensus that the person using the material should seek permission from the source of the quotes.
The effect of the use on the market or potential market for the original work: There is no commercial association with the blog postings, yet permission should still be sought before quotes are used.
Verdict: From a Fair use standpoint, Molly appears to follow many of the guidelines of proper use since there are no distinct parameters set on blog and Internet postings. The central question involves integrity, especially if Molly intends to pass the blog quotes off as information she gathered on her own.
Scenario 6 (Commercial Use of Poetry)
For a distance learning Marketing class, Tanner Carson has to develop and execute an online marketing plan by both creating and selling a unique product. Tanner decided to compile a collection of poetry and create a digital e-book. Tanner includes several of his own poems in the compilation. He also includes poems he found on the Internet. After creating his e-book, Tanner is able to sell seventeen copies for profit. Even though this was a school project, was making a profit on the poetry in violation of copyright?
The purpose and character of the use: Since Tanner sells the poetry, he is using the works for commercial gain, which is in direct violation of copyright and not protected by Fair Use.
The nature of the work: The poems were originally unpublished in any particular volume and are the creative works of the original writers which also favors copyright protection.
The amount and substantiality of the portion used in relation to the work as a whole: Normally, no more than three poems can be used, and no more than 250 words poems. It is likely that Tanner surpasses both of these rules in his commercial compilation.
The effect of the use on the market or potential market for the original work: Publishing and selling the poems could very likely impact the commercialization of the material for the original authors.
Verdict: Tanner could potentially violate several areas of copyright with his commercial approach. He should stick with only the original poems he wrote, especially if he intends to sell them commercially.