Test 2 also has 2 questions that need to be answered - they're a little more than yes/no answers. Here goes:
Question 1: Is the piece of work a creative piece or a factual piece?
This is important because you cannot protect facts - only a specific expression of facts.
If the work is creative, then it is protected.
Can you guess what is considered a creative work and what is considered a factual work?
A. A song
B. An encyclopedia
C. A novel
Question 2: Is the piece of work published or unpublished?
Which do you think would be more protected? Surprisingly an unpublished work has more protection because the author did not necessarily want the work to be seen by others.
Note: Remember that fair use is looked at as a whole test. Just because you pass/fail one part does not mean you pass/fail the whole test.
Can you think of any examples of works that are unpublished? I'm sure you have some of your own unpublished works. How could you use this question as a teachable moment in a classroom setting?
Simpson, C. (2005). Copyright for Schools: A Practical Guide, fourth edition. Worthington, Ohio: Linworth Publishing, Inc.
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