Case+35+-+Mr.+Ventula's+Test+Prep+Materials

Mr. Ventola is an 8th grade Mathematics teacher who is preparing his students for the NJ ASK 8 test. He receives a budget of 750 dollars each year from his school district that seems to disappear quickly. Whenever companies send sample test prep materials, the Mathematics supervisor gives it to the teachers to see if it is worthwhile to order that materials. About four years ago, Mr. Ventola was given a packet that included a full sample NJ ASK 8 Mathematics test from the company. Since Mr. Ventola is under a lot of pressure to have his students pass the state test, he felt that it was important to use any material necessary to help his students pass. For the last four years, he has made 125 copies of this practice test (one for every student). On every page of the practice test, it has a copyright warning and even says that the documents should not be copied. Mr. Ventola’s class test scores have improved since he began using this practice test. It has really prepared his students for the type of questions they might receive on the real state, and it helps the students with time management. Mr. Ventola plans to continue his method of copying this test for years to come. Mr. Ventola feels that he is not in violation of any copyright laws, but rather that he is saving school money because he doesn’t want to order an entire packet when he only wants to use the practice test. He is helping his students succeed on the state test. Is he using “fair use” in his decision? Plus, how would the company ever find out, and would the company go after him for only using the one test each year? Since students are succeeding, how could he be wrong?

Commentary

This is a very interesting case. Looking at the four factors of fair use, he is in compliance with purpose and character. Mr. Ventola is using it for non-profit educational purposes. The factor which deals with the amount of copyrighted worked used could also be considered fair use. Mr. Ventola is only using the test and not much of the packet. Where this becomes an example of not incorporating fair use is by making copies. Mr. Ventola making copies which “undermines the copyright holder the opportunity to see or license the work.” Mr. Ventola is hurting the sales of this company each year by making his copies. Even though Mr. Ventola has good intentions, he is not following the laws of fair use.