Fair Use Activity Module 7

Introduction to the Problem: What happened regarding fair use in this scenario? 

In this scenario, students at Upper Merion Area High School in Pennsylvania designed an online virtual zoo project as part of an integrated technology assignment for their Biology class. One of the main goals was to help educate students about producing web pages and about how to use images created by others correctly within those web pages, following fair use and copyright laws. They used photos from the Flickr website as their source of photos so that they could source and credit the photographer, and one of their objectives in using the photos they found was to transform the photos in some way, and add value to those images. They didn't request permission to use the photos, since they were direct linking back to the photographer's images on Flickr to credit him as the source. Within a day of creating their web pages, the teachers and principal received an email from the photographer of some of the images, who accused them of pirating his photos and violating copyright laws.

Analysis of the Response: Was the Technology Integration Mentor correct in her response to the email the school received?  Provide evidence from your reading this week.

I do feel that the technology integration mentor responded appropriately to the email that the school received. According to the U.S. Copyright website, there are four main factors involved when determining what constitutes fair use: Purpose and Character of the work (including whether it's commercial or educational in nature and transformative), Nature of Use, Amount and Substantiality of Use, and Effect of Use on Market Value. The technology mentor required the students to use images that would be transformative (intended for a different audience) and use them in a way so as to add to their market value (by linking back to the original photographer); and the photos were used completely for educational purposes (for a school assignment). So in those respects, fair use doctrine was followed by the students. Additionally, the Education World article notes that "the essence of the fair use doctrine is that a person is not using the work in such a manner that is, or has the potential of, diverting income from the creator." It seems to me that neither the students nor their teachers did anything that had the potential to divert income from the photographer. One could argue that the school/teacher/students could have simply asked the photographer's permission to use the photos, but I still feel that the teachers and students acted in accordance with fair use and copyright laws.

My Response: What would I have done in this situation?

I feel I would have responded to the photographer's email in much the same way as the technology mentor did. I probably would have also included a link to the U.S. Copyright website that explains the four basic factors related for fair use, and I would have given specific explanation as to how my students met those guidelines. I would have made it a point to explain that the students used the photos in a transformative way, for completely educational purposes, and in such a way so as to not divert potential value or income from the photographer. And as noted in the Education World article, which I may have referenced in my reply, I'd have explained that we made it a point to credit the source and link directly back to the website pages where the images were obtained. That way the viewers would know that we claimed no copyright to the images, and they could easily find the photographer's page to view and/or purchase his photos. As an added learning activity for my students, I think I also would have had students write a short paper to explain fair use and copyright, and to provide evidence that shows how their use of those photos constituted fair use according to copyright laws and the fair use guidelines. I also think that this whole activity was an excellent learning experience for the students, one that will likely have much more meaning for them since they experienced it all first hand.

The essence of the fair use doctrine is that a person is not using the work in such a manner that is, or has the potential of, diverting income from the creator." - See more at: http://www.educationworld.com/a_curr/curr280b.shtml#sthash.bz2Fjzgw.dpuf