Kendra Horner

EDCI 270
Elizabeth
Scenario #5
Case 1
While reading scenario five, I was able to pick out multiple issues. In describing these
issues, I used Professor Newbys video on Copyright and Fair Use. The first key factor to
determine if fair use applies is the nature or the character of the use. In scenario five, the
information is used for educational purpose. The second key factor is the nature of the work. In
this scenario, the textbooks have been published and the work is considered consumable.
Thirdly, what amount of the portion is used? Scenario fives main issue is the amount of
information used. Dan (the teacher in the scenario) scans the entire textbook to make available
for his students online. This textbook entirety includes story objectives, vocabulary, questions at
the end of the stories, story activities, and case studies. Lastly, the fifth key factor is the effect of
the use on the work. In scenario five, Dan is giving students the free access to the textbook and
all of the activities that go along with it. Therefore, the students are not purchasing the book. In
conclusion, the owner of that textbook is losing money on the textbooks that those students
would have had to purchase had Dan not scanned it and made it available to his students.
In this scenario, fair use does not apply. If Dan had just scanned one small section of the
textbook for his students to access, it would be more reasonable and okay to an extent. However,
since he used the whole textbook and all the activities that went with it, it makes it wrong. Also,
Dan is taking away from the profits that the owner would be making had he not scanned it.
Creative Commons would not apply in this scenario because Dan is scanning a textbook.
That textbook owner did not give Dan the permission to use their book nor did they tell him he
could take the activities from it. Overall, Dan could get in trouble for doing this.