Legal Question in Entertainment Law in California

Copywrite Infringement

If I tape my favorite do it yourself program a few times and take it to my class to use as a teaching aid - is this illegal?


Asked on 3/29/02, 6:59 pm

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: Copywrite Infringement

Under the Fair Use Doctrine, educators have a LIMITED right to use [generally small] portions of copyrighted materials as teaching aids. If you are taping an entire program (I assume you mean a television series) off the air, that would not fall under Fair Use. If you are using a few minutes to illustrate a particular point, that might fall under Fair Use. [On the other hand, if you are making a copy of a videotape you have purchased, you are entitled to use the entire copy, provided you are not selling the tape or otherwise exploiting it for commercial gain.]

The above is provided for general information only and should not be construed as legal advice, or as creating an attorney/client relationship. The information provided may or may not apply in your particular situation.

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Answered on 4/02/02, 9:53 pm
Jeff Lambert Attorney at Law

Re: Copywrite Infringement

Generally no. The U.S. Copyright Act provides limitations on a copyright owner's right to restrict certain educational uses of copyrighted material. However, if the class you instruct is not part of a bona fide learning/teaching facility and/or the primary purpose of your instruction is to make money rather than impart learning (e.g. business generating seminars), you may not fall within this exception.

To be absolutely certain that you are in the clear on this issue, it is best to consult an intellectual property attorney so that he/she can correctly advise given your unique facts and circumstances.

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Answered on 3/30/02, 12:21 pm


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