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Question 2: Is the piece of work published or unpublished?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 Surprisingly an unpublished work has more protection because the author did not necessarily want the work to be seen by others.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Can you think of any examples of works that are unpublished? I'm sure you have some of your own unpublished works.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.
5 years ago
2 comments:
You've posted excellent "test" questions! I love how you made your post interactive! :)
A song and novel can be either fiction or non-fiction, so I think the answer to that question is more situational. I was always under the impression that encyclopedias were strictly factual.
Journal entries are examples of works that are unpublished. These are typically kept private and might be a great teachable moment for middle and high school students.
Great example with the journal entries! From what I've read, I think most songs and novels would be considered a creative piece of work. You're right about encyclopedias being factual! Great Job!
Post a Comment