Zainab Al-Shidhani (1827052)

Exercise 1: Fair Use Scenario

Scenario:
Ravi is an instructional designer. His current project is to develop a 3-hour workshop on
“memory in learning” for medical educators. The workshop will be taught one time at an
upcoming medical education conference. He thinks that incorporating some relevant media
into his module will help make the key concepts more memorable.

One idea that he has is to include a video clip featuring Dory’s short-term memory loss from
the Disney movie “Finding Nemo”. He plans to obtain the approximately one-minute clip in
.mpg4 format (by using http://keepvid.com) and insert it into one of four instructional videos
that he is developing as part of the workshop. Each instructional video will be about 15 minutes
in length.

1. How should he cite this clip in his resources section (APA format)?
Walters G. (Producer). (2012). FINDING NEMO 3D – Short Term Memory Loss
(clip) [Video file]. Retrieved August 30 2019 from
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.

Based in the four factors to measure fair use of copyrighted materials that are listed in
the website of the Stanford University Libraries (n.d.), Ravi use is considered a fair use.
These four factors are: the purpose and character of your use, the nature of the
copyrighted work, the amount and substantiality of the portion taken, and the effect of
the use upon the potential market. Based on these four factors, Ravi use of the video
clip is considered fair use to a big extent due to the following reasons. First factor is
about the transformation of the original work to a new content and the context of use
(Stanford University Libraries, n.d.). I think, although Ravi doesn’t plan to transform
the clip into a new idea but mixing it with other materials to create a new video in a
context different than the original one could be considered as a sort of transformation,
which make this kind of use a fair use. Secondly, from a non-educational perspective,
the clip that he intends to use is considered a very small portion of the whole movie and
it doesn’t reflect the core idea of the movie. The movie is not about Dore, it is about
Nemo. Also, it is not about memory lose or something related to that. This make Ravi
use a fair use because the third factor states that “even if you take a small portion of a
work, your copying will not be a fair use if the portion taken is the heart of the work”
(Stanford University Libraries, n.d.). However, when copyrighted materials are used
for educational purposes, the portion used is not an issue as long as the inclusion of that
portion serves the educational goals. Additionally, this work was publicly published in
Walt Disney Studios YouTube channels. This make referring to the source of the video
easy, especially with the fact that this is one of the worldwide media production
companies. However, since this video will be impeded in one of the instructional videos
that Ravi is going to develop, he should attribute the copyrights of this video clip to the
copyright holder (Code of Best Practices in Fair Use for Media Literacy Education,
2017). Finally, Ravi is going to use this clip in an educational context and for one time
only. Based in the fourth factor, Ravi practice does not conflict with any potential
market interests of the copyright owner of this material. Nevertheless, Ravi should
provide protection of the content from being shared outside the learning context.
Zainab Al-Shidhani (1827052)

Moreover, the second principle of the Code of Best Practices in Fair Use for Media
Literacy (2017) states “Under fair use, educators using the concepts and techniques of
media literacy can integrate copyrighted material into curriculum materials, including
books, workbooks, podcasts, DVD compilations, videos, Web sites, and other materials
designed for learning.” (pg. 11). This opens the door to educators to use copyrighted
materials in developing curriculum content, which Ravi is doing in this scenario.

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.
Ravi’s use of the clip is not determined by the length as long as it is meant for
educational purposes. According to Code of Best Practices in Fair Use for Media
Literacy Education (2017), there is no way to determine the minimum or maximum
portion that can be used from any resource as long as this resource is used to create
instructional materials that have clear educational goals. However, if the use of only 20
seconds is not going to serve the educational goals of the workshop, then this use is not
considered as a fair use. One of the main questions that judges usually ask to determine
the fairness of the use is, whether the used portion of the copyrighted materials is
appropriate in kind and amount when used in the intended context (Code of Best
Practices in Fair Use for Media Literacy Education, 2017)

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.)
Although it sounds like Ravi is violating the fourth factor of copyright fair use because,
in this case, his use will be for a commercial purpose in which his work could affect
the potential market of the original movie (Stanford University Libraries, n.d.).
However, the first factor is the transformativeness of the source material could give
Ravi the right to reproduce the source content into a new work, which then can be
commercially used. Nevertheless, the original source should be attributed in the end
product.

5. Suggest an alternative to this clip

https://www.youtube.com/watch?v=_jdm2yH9M6c
(from 00:37 to 1:16)

Bibliography
Code of Best Practices in Fair Use for Media Literacy Education. (2017). Retrieved August 2019, from Center
for Media and Social Impact: https://cmsimpact.org/code/code-best-practices-fair-use-media-literacy-
education/
Stanford University Libraries. (n.d.). Measuring Fair Use: The Four Factors. Retrieved August 2019, from
Copyright and Fair Use Stanford University Libraries: https://fairuse.stanford.edu/overview/fair-
use/four-factors/#educational_fair_use_guidelines