Students will challenge their knowledge of copyright law and fair use and apply it as stakeholders in the legal drama of Walt Disney Studios v. Faden.
Notes for the Educator
Objectives for Students
- Students will present their final project, a mock fair use trial of Walt Disney Studios v. Faden.
Activity Highlights
Use the Lesson Activities guide below to manage the length of each stage of the trial. Your preparation for the mock trial should include being familiar with "A Fair(y) Use Tale," the Fair Use FAQ, and the Trial Guide for the Educator, and you should consider making a short list of persuasive arguments you expect to see made by the students. As the "judge," be prepared to discuss the students' arguments in detail.
The following paragraph is a reprint of the notes from Lesson 3 that should be helpful for you in your role as "judge":
"A Fair(y) Use Tale":
Purpose: The purposes of the original Disney footage vary by clip, but most were intended purely for entertainment. The purpose of the remix, "A Fair(y) Use Tale," is to educate viewers about fair use principles. Individual Disney works are combined in a new and creative (transformative) way to accomplish that purpose. The remix is noncommercial.
Nature of Original Work: The original Disney works are creative. However, courts have held that this factor is less important when the second work is transformative.
Amount and Substantiality of the Copying: The remix video takes a number of short clips from various sources. However, it takes no more than necessary to accomplish the transformative purpose.
Market Harm: The remix video does not substitute for the original Disney works in any conceivable market.
