Case+09+-+Ms.+Jones+uses+Workbooks

Article Ms. Jones is a second grade teacher who conducts daily reading groups. Considering that each group is composed of students with different learning styles, she uses various resources to address their academic needs. Ms. Jones conducts assessments periodically to determine what skills or strategies she needs to address in each group. She also buys individual student workbooks from various stores she feels may help struggling students. She makes copies from her individual supply of workbooks to supply her small groups’ needs (~5 students per group). Most of these books have a copyright clause which states that they should not be copied or shared. Ms. Jones worries that she is breaking copyright laws by copying when it clearly states that copying is not allowed. However, she is not copying the entire book and she is not copying for a large group of students.

Commentary Looking at the four factors of fair use, this case does not seem to violate Fair Use. We can focus on the fact that the district purchases many books that are used by the entire class and these books are used on a limited basis for educational purposes. Furthermore, only about 5 copies are made and only a limited portion of the entire publication is copied, so it does not seem to violate the quantity limitations of Fair Use. Under the Fair Use guidelines she is able to copy a small portion of a publication without violating its copyright laws. Lastly, we can consider the effect of the use upon the potential market. Ms. Jones has purchased the books, and encourages parents to do the same. These books were not created for multiple purchases, but rather independent use and she is not inhibiting the publisher of any potential profits. Therefore, there does not seem to be a violation of Fair Use.