Answer 1
FALSE!
Almost everything created after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default is to assume that a work is copyrighted unless the work is clearly identified as being in the public domain or is a government document.
Answer 2
TRUE!
It is "fair use" for a single copy of a chapter, an article, a short story, a short poem, a chart, a cartoon, or a picture from a book, journal, or newspaper to be photocopied and retained in files for personal or research use or to teach a class. The professor is also permitted to read the material to a class, write it on the blackboard, or make an overhead transparency for use in teaching.
Answer 3
TRUE!
Fair Use explains the conditions under which a person can use copyrighted material. It is permissible to use small amounts of copyrighted material for a short period of time for educational purposes when there is not sufficient time to obtain the official copyright permission and the use of the material has no financial impact on the owner of the copyright. Therefore, it would be a fair use for a professor to make multiple copies of a single article from a journal or a single chapter from a book for distribution to a class without receiving permission from the copyright holder.
It would NOT be a fair use for the professor to photocopy and distribute the same article term after term without permission, because there would be sufficient time to obtain permission. Each copy distributed must bear a copyright permission statement, such as "©2002 Time, Inc. Reprinted with permission. All rights reserved."
Answer 4
FALSE!
Fair Use does not allow copying from copyrighted works intended to be "consumed" in the course of study or for teaching. Consumable material includes workbooks, standardized tests, test booklets, answer sheets, and the like. Copying to substitute for the purchase of materials is not a fair use because this would have a financial impact upon the owner of the copyright.
Answer 5
FALSE!
The educational exemption to the use of copyrighted works refers to the performance or display of copyrighted works in a classroom setting for the purpose of criticism, comment, news reporting, teaching, scholarship, or research. Staff development is NOT the same as teaching because department faculties are not students enrolled in a class. The dean or chairperson in this example could route the journal issue to each faculty member or place it in a central location where the faculty could go to read the article.
Answer 6
FALSE!
The professor had adequate time to obtain permission from the copyright holder. If a professor knows that a particular item will be used from year to year, requesting and receiving permission is mandatory prior to photocopying.
Answer 7
TRUE!
Shakespeare's plays are in the public domain, even though they may be reprinted in a copyrighted work, such as The Norton Anthology. Public domain materials may be freely used without permission, even though they appear in copyrighted material. Any notes or footnotes accompanying the text of the play would NOT be in the public domain and would have to meet "fair use" guidelines to be photocopied and distributed without permission from the copyright owner.
Answer 8
TRUE!
The professor is using the book for educational purposes, i.e., research, it is in her field of expertise, and the copying will have no impact on the market for the book.
Answer 9
TRUE!
The book is being used for educational purposes and the copying will have no impact on the market for the book since it is out of print and, therefore, not available for purchase.
Answer 10
FALSE!
The textbook is in print which means it is available for purchase. The photocopying, therefore, has an impact on the market for the book. The textbook may be placed on reserve or "fair use" would allow a chapter from the textbook to be photocopied and placed on reserve in the library.
Answer 11
TRUE!
Students may use copyrighted material to do their schoolwork. If the student paraphrased the information and gave credit to the author, that would be acceptable. If the student quoted a small amount of the work in a paper and gave credit to the author, that would be considered "fair use." Failure to give credit to the author would be plagiarism. Use of copyrighted materials outside of class work requires written permission of the copyright holder.
Answer 12
FALSE!
Fair Use guidelines permit the copying of small excerpts from copyrighted works for scholarship or research without obtaining permission from the copyright holder. The library could borrow through interlibrary loan that particular issue for the professor, but could not request photocopies of more than one article in the journal. All photocopies obtained through interlibrary loan must bear a notice of copyright.
Answer 13
TRUE!
Fair use would still apply.
Answer 14
FALSE!
The purpose may be clearly educational, but when the professor copies a photograph, she is reproducing the entire work of a copyright owner. Fair use seldom allows the reproduction of an entire copyrighted work. Two copyrights are involved here: first, is the copyright to the original work; second, the copyright to the photograph of the work of art.
