Case+43+-+Mr+H's+PowerPoint®+Presentation+Pickle

Mr. H, a teacher of business education, has used PowerPoint presentations for years. In recent times, however, he's noticed it's been getting harder and harder to get students' attention. After working with a friend who's a "techie" Mr. H has learned how to incorporate videos and video clips into his presentations.

Since then, he has started to use clips from commercial movies (via DVD) as part of his lessons' anticipatory sets. The clips normally have some tie-in to the lesson plan and serve partly as entertainment, and partly as "hook." The average clip length is in the neighborhood of 30 second to a minute, occasionally going to two or three minutes. Mr. H always indicates the movie name, release year, and the studio that distributed the original movie (just like on //The Daily Show//). After reading a couple of articles concerning copyright infringement, Mr. H is concerned.

__Commentary__ Applying the four standards that have appeared [|here] and elsewhere, this appears to qualify as fair use: Had the instructor (1) used a video in its entirety and (2) strictly for entertainment purposes (i.e., no tie-in to lesson), fair use might not apply. Also, according to section 6.1 of the [|Fair Use Guidelines for Educational Multimedia], "Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder" so sticking to legitimately purchased sources like DVDs is strongly advised.
 * 1) **Purpose of Use:** Since the copied segments are used for specific educational purposes, this appears to qualify as fair use.
 * 2) **Nature of the work**: Since the copied segments are brief and the nature of the teacher's work quite different (i.e., not a film/movie), this appears to qualify as fair use.
 * 3) **Proportion/extent of the material used**: Given the brief nature of the clips, especially compared to the original movies, and that these clips generally do not reflect the "essence" of the work, this appears to qualify as fair use.
 * 4) **The effect on marketability**: The likelihood that utilizing these brief clips will reduce sales of the original movies is not only close to zero, their use may actually stimulate sales/rentals; this appears to support fair use. //NOTE: This is considered the most important of these four standards.//

__Additional Commentary__: //Interesting use of video clips and movies by Mr. H. I would agree that his utilizing these shorter clips should be fine under the fair use laws. It could inspire rentals and movie purchases due to word of mouth factor and help the bottom line for the production companies. However, as appropriately stated, if there is any type of clause on the movie NOT to copy then heed warning.--Julia S.//