This week I am writing on “muddy” concepts to which I have
been exposed this week. I had several
candidates I was relatively enthusiastic about.
Then, along came Fair Use.
For those not in-the-know, Fair Use is a caveat to copyright
law which allows for limited use of copyrighted works within an educational
setting and for an educational purpose.
This week I watched a video in which a Liberty University staff member
attempted to clarify the concept and remove some misconceptions.
The primary misconception listed regarding Fair Use was that
copyrights could be virtually ignored when used within an educational
setting. According to the video, this is
wrong, and I understand and concur. Next,
the video gave the explanation, which also provided clear indication as to why
the assumption exists in the first place and failed to clear the muddy waters.
Four factors are listed clearly against which one can
measure the probability that the use of copyrighted material is legal with Fair
Use. The problem is that no specific threshold
for any of the factors or combinations of factors is provided against which a
prospective user could definitively state the use is legal. The measurement of each factor only makes the
Fair Use more or less probable. In fact,
at the end of the video, I am not sure I could say for certain if anything but
the most extreme cases was either one or the other.
Even my explanation of the explanation is confusing. Undoubtedly, the inability of the video to
clarify this muddy concept is that the legal issues are ambiguous to begin
with. In the end, I believe the
misconception still persists despite the clarification. Unless I am selling tickets or adversely
effecting the profit generated by the copyrighted work, an argument could be
made that any educational use is Fair Use.
David Bennett
Liberty University