taped documentary in Blackboard course

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• April 1, 2008 @ 10:14amlesuzmart says:

  I have a question. An instructor records a video of a documentary to be used in face to face instruction. Students watch the documentary two days later and will be required to take a quiz the following week. Some students are absent the day it is shown. The instructor posts it to Blackboard. Is this a violation of copyright to show in BB? Can it be shown in its entirety in BB?
  
  Thank you.
• April 2, 2008 @ 7:17amAFry says:

  Only a judge deciding a case can give you a definitive answer, but I believe this is fair use. You can search this forum to find more detailed explanations of fair use and examples of fair use determinations.
  
  Here is my brief determination using the four factors:
  1. Educational. Clearly in your favor.
  2. More factual than creative. In your favor.
  3. 100% used: not in your favor. Small % used: in your favor.
  4. Market effect: none. The students who missed the class are not going to buy the video. In your favor.
  
  You do not need to have all four factors in your favor. Therefore, I think this is a fair use even if you show the entire documentary.
• April 2, 2008 @ 7:42amlesuzmart says:

  Thank you !

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