Clip Hop

Some of our students are creating multimedia projects that use film clips from the Internet. Is this legal?
-Elizabeth Wasiak, educational media specialist, Terrill Middle School, Scotch Plains, NJ

I would argue that this activity is an example of fair use, but I have one concern that I will discuss later. Remember the four fair-use factors:

1. Purpose of the use. This is a nonprofit, educational use that leans toward fair use.
2. Nature of the work being used. Are the film clips taken from factual materials, such as documentaries, or (more likely) from feature films? On this factor, we tend to lose on the fair-use argument because highly creative works, especially works that are popular and making a profit for the copyright holder, tend to be considered worthy of 'more protection.'
3. Amount of the work being used. Short clips are used, so I would say we win on this factor.
4. Finally, the effect on the market. Here's where it gets a little dicey. Popular films are making money for the movie companies, but if a student is using a small clip, does this impact the market? Or does it actually help to promote the film? I think we would find a difference of opinion depending on whom was asked. However, I think if the clips are small and are not the 'heart' of the movie-the part of the film where the mystery is solved or the conflict is resolved-I would argue fair use.

These days, students make all sorts of things with digital materials, including creating something new out of little bits borrowed from here and there. Students now are very visually literate compared to the time when most of us were kids. If we think about it, we did much of the same things when we were students and these activities were not considered unlawful. I had homework that sometimes involved creating a collage, and I would clip items out of magazines to include in my work. Or perhaps I had a research assignment and I used snippets of copyrighted works for borrowing quotes.

One point on this question that did gave me pause is whether or not the film clips the students used were taken from Web sites where unlawful copies of motion pictures were posted. If you notice students using snippets from what you believe are illegally made copies, I would try to steer them away from using those sites. Think of it as an opportunity to educate the class about copyright. On the other hand, fair use says nothing about the use of unlawful copies. In other words, it does not say you can or cannot make fair use of unlawful copies.

Is it legal to enlarge the text of an entire book for a visually impaired student? The student does not have an individualized education program.
-David Calendar, library media specialist, Wickersham Elementary School, Lancaster, PA

Section 121 of the copyright law allows nonprofit organizations, such as elementary schools and libraries, to reproduce copyrighted works for the visually impaired or other handicapped people. However, a couple of conditions must be met.

First, the work should be published. Second, only 'nondramatic literary works' apply, meaning works that do not involve a dramatic presentation. Staged versions of plays would not qualify for this exemption. Nor would movie videos. Works that do qualify for Section 121 are works that have not been performed. So, Grapes of Wrath, the book, is fine to reproduce; Grapes of Wrath, the movie, is not. Third, the library should place a warning on the reproduction that no further copies may be made. Fourth, the library should include the notice of copyright on the reproduction, noting the copyright holder and the date of first publication. In addition, the nonprofit organization's mission should include serving blind or handicapped people. The final condition requires the visually impaired student to meet certain eligibility requirements according to the law. Also, a visually impaired person must be 'certified by competent authority as unable to read normal printed material as a result of physical limitations.' Therefore, it's legal to reproduce the text.