It is important to mention that the rules listed above are subject to modification by agreement between purchaser and seller. Videotapes and Distance Education Because distance learning involves the transmission of material to places beyond the point from where the material is sent, different rules apply under the Copyright Act. However, where the showing is outside the classroom and distance learning context, fair use might be helpful. The quality and quantity of the work used in relation to the work as a whole 4. It is important to mention that all factors do not have to be satisfied in order to pass this test.
Courts analyze all the factors to determine whether a particular use of a work satisfies the test.
Under very limited circumstances, a fee can be charged for admission. However, the fees must only be used to defray the cost of admission and all requirements previously mentioned must be satisfied. Making Copies of Videotapes As a general rule, educators are not allowed to make copies of videotapes, even when the copy would be used for purposes of classroom instruction. In this case, a school district was sued after it had systematically recorded several shows on public television and provided copies of the recordings to member schools. The court reasoned that while the tapes were being used for educational purpose, the act of copying the broadcasted programs hindered the copyright owner's ability to rent videos of the programs out to the public for commercial gain.