Question

The statute or law provides four factors to determine if a particular work is a "fair use". They include the following:

The purpose and character of the use

The nature of the copyrighted work

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The effect of the use on the potential market for or value of the copyrighted work (Ch. 14)

Explain how the additional information concerning "fair use" affect, if at all, your response to the learning activity. Also, does the fair use doctrine apply to the University of Phoenix? Explain.

Answer 1

Fair use is a doctrine in the United States law which allows limited use of copyrighted material without having to first acquire permission from the copyright holder.

It is one of the factors which is useful in public interest by the wider distribution and using creative works of copyright holder by allowing certain limited uses that might otherwise be considered infringement

Fair use examples in copyright law includes parody (example scary movie), research (example researching on radium), news reporting, etc.

As you already mentioned four factors to determine fair use of material are: -

1. The purpose and character of your use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use on the potential market for or value of the copyrighted work

Now, coming to your question about application of fair use in learning. When the copyrighted data or information from authorized or recognized source is used for self-learning process then it is a fair use.

But if you are using copyrighted material to make someone else learn and that material is not accessible to others or without getting authorization from respective copyright holder then it may affect fair use.

Examples classified with four factors shall making the understanding simpler: -

a.The purpose and character of your use

• If the materials are used in class only for any specified programmed then it comes under fair use.
• If the purpose of your use is for non-profit educational purposes then it can be considered as fair use.

b.The nature of the copyrighted work

• Only limited and relevant part of copyrighted material can be used in the classroom teaching.
• Excerpts from stories, novels and poetries should be avoided
• Test papers and workbook pages that can be reused or repurchased further should not be shared.

c.Amount of work

• Relevant copyrighted work to your studies or learning should be part of your curriculum

d.Effect of Use

• The content that is being used should not harm sales or business of copyrighted material.
• Original source of publication should be cited while using its work.

Coming to your second answer, Yes, it is applicable to all universties as it comes under US law