Christina Halbot

Exercise 1- Fair Use Scenario

1- How should he cite this clip in his resources section (APA format)?
Ravi should cite this clip in his resource section like this…
WaltDisneyStudiosCAN. ( 2012, September 10). FINDING NEMO 3D - Short Term Memory Loss (clip).
Retrieved from YouTube: https://www.youtube.com/watch?v=V2mdnBlXINg&feature=youtu.be

2- Does inclusion of this clip follow Fair Use Guidelines? Why or why not? (Be sure to
support your argument with one or more references.
To think about this question, I went to reference Hall Davidson’s “Copyright and Fair Use
Guidelines for Teachers.” As I read the guidelines, I didn’t see an issue with the duration of the
video clip. According to the chart, Ravi must cite where the video came from and it must be a
legitimate copy to show case to embed in his presentation (Davidson, 2002). Other than making
sure to reference the video clip, Ravi is using it for educational purposes, so yes he is following
Fair Use guidelines.
3- If Ravi decided to use a 20 second portion of the clip, rather than the entire 2 minute
scene, would this change your response to question b? Why or why not? (Be sure to
support your argument with one or more references.
No, if Ravi decided to scale his video down to 20 seconds rather than 2minutes he is still
following Fair Use Guidelines. According to (Stim, 2010), in some cases, the amount of
material copied is so small (or “de minimis”) that the court permits it without even conducting a
fair use analysis.
4- If the workshop is packaged by Ravi’s instructional design firm and sold to other clients,
would this affect his ability to use this clip in his materials? Why or why not? (Be sure to
support your argument with one or more references.)
If Ravi starts to sell or market his instructional design to clients, he will not be able to claim fair
use. Once a person starts making a profit off resources or materials, you need permission and
copyright permission to use any kind of video clip. Another important fair use factor is whether
your use deprives the copyright owner of income or undermines a new or potential market for the
copyrighted work. Depriving a copyright owner of income is very likely to trigger a lawsuit. This
is true even if you are not competing directly with the original work (Stim, 2010).
5-Suggest an alternative to this clip.
A different alternative to this clip, is for Ravi to make his own video. This video could be a
reenactment, but it would still be original, and Ravi would not take the risk of copyright issues.
Christina Halbot

References
Davidson, H. (2002). Copyright and Fair Use Guidelines for Teachers. Retrieved from
http://www.halldavidson.net/copyrightTEACH.pdf

Stim, R. (2010, October). Measuring Fair Use: The Four Factors. Retrieved from Stanford University
Libraries- Stanford Copy right and Fair Use : https://fairuse.stanford.edu/overview/fair-
use/four-factors/