> Fair use is the same doctrine that allows a school to play a movie for educational purposes without acquiring a license for the public performance of that movie. This is a pretty bad example, since fair use has been ruled to NOT allow this.
It is a bad example, but not for that reason. Instead, it's a bad example because Federal copyright law has a specific carve out for school educational purposes:
https://www.copyright.gov/title17/92chap1.html#110 "Notwithstanding the provisions of section 106, the following are not infringements of copyright:
(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;"
That is why it is not a good comparison with the broader Fair Use Four Factors test (defined in section 107: https://www.copyright.gov/title17/92chap1.html#107) because it doesn't need to even get to that analysis, it is exempted from copyright.