Consider this third hypothetical situation.
Over the years he has taught classes in health and wellness at Acme Community College, Glen has achieved something close to celebrity status. He has decided to parlay this fame into a consulting business, under which he speaks off campus to groups large and small on the virtues of fitness and a healthy diet. The local private health clubs and fitness centers are especially anxious to have Glen come and speak to their membership. Glen properly keeps his consulting business separate from his teaching duties at Acme, and makes sure he does not use college resources in preparing the materials he uses for his speaking engagements.
In his presentations to these groups, however, Glen makes repeated reference to the fact that he teaches health and wellness at Acme. Moreover, he distributes to people attending these non-college presentations photocopies of articles out of professional journals on the topic of exercise. Thinking his actions are protected by the Fair Use Doctrine, Glen never obtains the prior permission of the holders of the copyrights in these journals.
Is Glen correct in his assumption?
No. Copyright law would not allow Glen to cite the Fair Use Doctrine to justify his actions.
The Fair Use Doctrine is available for such uses as criticism, comment, news reporting, teaching, scholarship, and research. Glen's use of these copyrighted materials is solely for his lucrative consulting business. Consequently, it is not protected by fair use, and Glen should obtain the prior permission of the copyright holders before distributing copies of the articles.
Page Updated 11/18/04