Scenario:
An instructor scans excerpts from journals, textbooks, and various other sources and creates PDF files of all of the readings. The instructor announces to the class that the readings will be available online at the course WebCT/Vista site. Is this fair use?

Response:
Fair use is determined by the results of the four factor analysis conducted for each work. In this scenario, the instructor must conduct a four factor analysis for each journal article, each textbook section, and any other work she wishes to include on the class WebCT/Vista site. The result may be mixed and fair use might apply to some works while others may require permission from the rights owner for inclusion on the class website.