Intellectual Property Law

Chapter 14 Internet Resources Solutions

1. Access the Fair Use Index at the Copyright Office’s website.

a. Locate the summary of Faulkner Literary Rights LLC v. Sony Pictures
Classics, Inc., 953 F. Supp. 2d 701 (N.D. Miss. 2013). Identify the issue
and the holding of the case.
The issue was whether paraphrasing a line from a full-length
novel in a full-length film constituted copyright infringement.
It was held to be fair use. The defendant’s use was highly
transformative and of “miniscule quantitative importance” to
the copyrighted book and did not harm the market for the use
of the book.

b. Select “More Information on Fair Use.” Review Item 1. What is a
transformative fair use?
“Transformative uses are those that add something new, with a
further purpose or different character and do not substitute
for the original use of the work.”

2. Access Circular 21 at the Copyright Office’s website and identify whether the
following are permissible under the Guidelines.

a. A teacher would like to copy two poems of Maya Angelou’s for her spring
2016 course “American Poets.”
Not permissible (may only use one poem for one course).

b. A teacher would like to copy one recent 750-word article about the Wright
Brothers for his spring 2016 course “U.S. History.”
Permissible. The length is appropriate (assuming requirement
of spontaneity is met).

c. In 2016, a teacher is planning course materials for 2018 and makes copies
of a short story.
Not permissible. It is not “spontaneous.” The teacher has more
than adequate time to obtain permission for this use.

d. A teacher at a for-profit institution wishes to copy one article for 10
students in a course.
Not permissible. The Guidelines specifically relate to “not for
profit” educational institutions.

e. A music teacher has made a copy of a sound recording (disc) of a
copyrighted concerto in order to test his students on elements of the piece.
Permissible. Making a copy of a sound recording for
examination or testing purposes is permissible.

3. Access the Fair Use Checklist offered by Columbia University.

a. May you freely use the Checklist?
Yes. It is subject to a Creative Commons license.

b. What two factors oppose fair use as to the amount of work taken from a
piece?
The two factors are whether a large portion or the whole work
is used and whether the portion used is central to or the
“heart” of the work.

4. Locate information on Google’s Content ID program. What options may
copyright holders take if their material is used?
Copyright owners may take the following actions: They may mute the
audio that matches their music; block an entire video from being
used; monetize the video by running ads against it; or track the
video’s viewership statistics.