Andy Griffith

[neilannb]

I am a teacher in a district that now requires all teachers to infuse "character education" into their classes. I am sometimes paid to teach professional growth classes to other teachers. I would like to teach a class to teachers that uses episodes of The Andy Griffith Show to teach moral lessons. Can I tape episodes from TV and use them in my class?

 

[Michael Wechsler]

Here is Section 107 of the Copyright Act of 1976 regarding "fair uses" of copyrighted material which deals with the factors where copyrighted material may be used without permission. Discussion to follow:

Section 107

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.