Educators who thoughtfully apply fair use—emphasizing transformation, minimal use, and access controls—can legally integrate rich multimedia content into online courses, enhancing student engagement and learning.
Case Study 1: Streaming Full Films in a Virtual Classroom
Context: Professor Wang wanted to show entire documentary films to her summer session online students.
Fair Use Analysis:
- Transformative Purpose: The films, originally for entertainment, were critiqued and analyzed for film-history lessons, adding new educational context.
- Amount Used: Although full films were used—a factor weighing against fair use—the transformative commentary and critical framing counterbalanced this.
- Market Impact: Students typically do not purchase course films; access mirrored traditional library viewings, minimizing market substitution.
- Access Controls: Streaming was restricted to enrolled students via a secure LMS; downloads and sharing were disabled.
Outcome: A robust fair use defense supported inclusion of full films, enriching discussions on cinematography and theory.
Case Study 2: Embedding Audio Clips in a MOOC
Context: In a jazz appreciation MOOC, Professor Hellmer needed short song excerpts to illustrate musical techniques.
Fair Use Analysis:
- Transformative Use: Excerpts (7–10 seconds) were embedded within lectures accompanied by scholarly commentary on rhythm, harmony, and improvisation.
- Amount and Substantiality: Limiting clips to under 10% of each track guarded against overuse.
- Market Effect: Brief clips served illustrative purposes without replacing purchase or streaming of full recordings.
- Documentation: The instructor and legal advisors documented purpose, clip durations, and pedagogical goals.
Outcome: Fair use permitted use of concise audio samples, demonstrating musical concepts and deepening learner understanding without infringing rights.
Case Study 3: Video Clips for Critical Analysis
Context: Professor Gutierrez’s women’s studies course required the documentary Killing Us Softly 4 to discuss media portrayals of women.
Fair Use Analysis:
- Transformative Framing: Clips were interwoven with critical discussion prompts and student reflection activities.
- Appropriate Amount: Only selected segments essential to illustrate advertising themes were used, not the full film.
- Controlled Distribution: Streaming occurred within Brightspace, accessible solely to registered students for a limited semester window.
Outcome: By combining focused excerpts with analytical discussion, the course leveraged fair use to foster critical media literacy while protecting copyright.
Case Study 4: Repurposing Photographs to Teach Techniques
Context: Professor Lee taught photographic composition using a copyrighted photo of wildfire smoke.
Fair Use Analysis:
- Transformation: The original news photo was repurposed to teach framing, lighting, and exposure, shifting its purpose from documentary to instructional.
- Amount Used: The entire image was necessary to illustrate technique but was justified by its clear pedagogical transformation.
- Access Limitation: Materials were provided through the institution’s LMS, not publicly posted.
Outcome: Fair use supported use of the full image, enabling hands-on instruction in photographic analysis without licensing the original photo.
These case studies illustrate how applying the four-factor fair use test—prioritizing transformative purpose, minimal necessary use, careful market-impact assessment, and strict access controls—can enable educators to enrich online learning with copyrighted media while maintaining legal compliance and academic integrity.