Professor Winona Wright has just read an article in Fortune magazine about issues in the Enron bankruptcy.She wishes to share it with her class that morning and makes 50 copies to distribute to them.Professor Wright:
A)has infringed Fortune's copyright.
B)has utilized the fair use exemption under copyright law.
C)has done nothing in violation of copyright law because magazine articles are not protected under copyright law.
D)none of the above

Question

Quizplus · Accepted Answer

Professor Wright's use of the article may fall under the fair use exemption to copyright law as it is for educational purposes and not for profit. Four factors are typically considered when determining fair use: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work. In this case, the use is for educational purposes, the article is factual and informative, only a small portion (one copy per student) is being used, and it is unlikely to negatively impact the potential market for the article.

Professor Winona Wright Has Just Read an Article in Fortune