1.
The owner of the local Blockbuster
Video store supports the school by donating one videotape rental-free
to the school every Friday. The video is shown in the multipurpose room
to reward students with perfect attendance that week. This is fair use.
Correct Answer
B. False
Explanation
FALSE - "Entertainment" and "reward" are explicitly excluded under copyright guidelines. To show a movie for entertainment purposes, you must obtain a version from an authorized distributor who can license you to show it.
2.
A teacher buys a single-user
software program with department money and puts it on the local-area
network (LAN). It is frequently used by several teachers at the same
time. This is done in violation of a written district policy against
using single-user programs on the LAN. After two years, the software
company takes action against the individual teacher. The district is
also liable.
Correct Answer
A. True
Explanation
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.
A history teacher taped the original ABC news report showing RichardNixon
leaving the White House after he resigned. She made it at home on her
personal VCR and used her own tape. She uses the entire news program
every year in her classroom. This is fair use.
Correct Answer
B. False
Explanation
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.
A teacher rents Gone With the Wind
to show the burning of Atlanta scene to her class while studying the
Civil War. This is fair use.
Correct Answer
A. True
Explanation
TRUE - The video is a legal copy being used for instructional purposes.
5.
A student doing a multimedia report
discovers how to copy the QuickTime movie of Kennedy's "We shall go to
the moon" speech from a CD-ROM encyclopedia. He presents the report to
his classmates, then posts it on the school LAN. This is fair use.
Correct Answer
A. True
Explanation
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 a problem.
6.
Copyrighted material used in multimedia projects may remain in the student's portfolio forever.
Correct Answer
A. True
Explanation
TRUE - As long as the material is not publicly distributed, the student may archive his/her work.
7.
A student finds a photo online
dramatizing a pre-Columbian Viking landing in America. Since the school
symbol is the Viking, he uses this photo as a graphic element on the
school's Web page--giving credit to the site from which it was copied.
This is fa
Correct Answer
B. False
Explanation
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.
A student building a multimedia art project uses copyrighted images ofFrank
Lloyd Wright buildings downloaded from the Web. He submits this project
to a multimedia competition honoring classroom work and wins a prize
for the school. This is covered under fair use.
Correct Answer
A. True
Explanation
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 problem.
9.
The teacher of the winning
multimedia project mentioned above shows it at an art conference for
educators. It cost $50 to attend the conference and the he teacher is
awarded free attendance because he is a presenter. This is fair use.
Correct Answer
A. True
Explanation
TRUE - Fair use is generally extended to include educator trainings and conferences.
10.
Using a legal copy of the program
Webwhacker, a district technology specialist downloads and caches
educational and noneducational Web pages for school Internet trainings.
By copying these pages onto the school's server she is violating
copyright law.
Correct Answer
B. False
Explanation
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.
11.
A school purchases one copy of a
typing tutorial program, which is housed in the library. It is checked
out to individual students to take home for two-week periods. This is
permissible as long as the homes erase the program at the end of the
two weeks.
Correct Answer
A. True
Explanation
TRUE - The checkout is fine. The school must make serious efforts, however, to make sure parents erase the program from their computers.
12.
"Seinfeld" has an episode on personal hygiene that a health teacher
tapes and uses the following week in class. The local television
station denies permission when asked and states this is a violation of
copyright law. They are correct.
Correct Answer
B. False
Explanation
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.
13.
A student brings in an audio
cassette copy of the national anthem that he copied from an audio CD
lent to him by a friend. Another student digitizes this into a
HyperStudio stack. This is fair use.
Correct Answer
B. False
Explanation
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.
14.
A high school video class produces
a student video yearbook that they sell at community events to raise
money for equipment for the school. They use well-known popular music
clips. The money all goes to the school and the songs are fully listed
in the credits. This is covered under fair use.
Correct Answer
B. False
Explanation
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.
15.
A school can only afford one copy
of Kid Pix. It loads this onto the library computer and all students
and all classes have access to it all day. The teachers copy and
install Kid Pix Player on their classroom computers to evaluate the
student work. This is permissible.
Correct Answer
A. True
Explanation
TRUE - "Players" such as this are intended for distribution and the program itself is never in simultaneous use.
16.
A teacher creates his own grading
program for use with his students. He transfers to another school and
forgets to delete the program from the network. Everyone at his old
school copies and use the program. He sues the school and wins. He is
likely to receive a significant monetary reward.
Correct Answer
A. True
Explanation
TRUE - The teacher does have the right to make them stop using his work.
17.
An elementary school transcribes
the lyrics from the album "Cats" and puts it on as the school
mini-musical. A teacher plays the music by ear on the piano and the
students perform every song. There is no admission charge. This is
legal.
Correct Answer
B. False
Explanation
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.
18.
A media aide tapes "60 Minutes" every week in case teachers need it. This is fair use.
Correct Answer
B. False
Explanation
FALSE - Schools may not tape in anticipation of requests. They can act only on actual requests.
19.
A professor at a prominent
University of California campus copies an expensive software program
for every student in his class. This state university is taken to court
by the copyright holder. The university loses.
Correct Answer
B. False
Explanation
FALSE - (at least for now). The copyright holder lost in a just such a case. The U.C. schools are state schools and the court ruled the state could not be sued unless it consented. The ethical issue was unaddressed by the court.