In this case study students are playing a radio broadcast that they call "Pooh's News." The school received a cease-and-desist letter. I took five things into consideration for this. They are: is the school using the name in an educational way, what does Fair Use cover, What is the purpose of the broadcast, does it matter if they used "Pooh's" voice or not, and does transformativeness play a role in this circumstance.
It seems clear that the purpose was to have a catchy name that rhymed that the students could relate to. I don't think the fact that images or sounds of Pooh were used, I think it is the name that is in copyright violation. The name itself is not being used to educate on Pooh but on other literature aspects that are considered educational. Hobbs describes Fair Use only in instances where the used plays and educational role directly. The broadcast is being used in an educational way. I think that transformativeness would play a big role in this case study. I don't see how using the name "Pooh" would add value to the broadcast or change the purpose. Pooh was created as an entertainment or book. I think it would be fine for the students to review book about Pooh and use the name in that context, but I do not think the school would be covered under the Fair Use doctrine in this instance. Though there is no infringement on money being made at the school, the popularity of the name is being used to endorse a broadcast that the copyright owner's did not approve of. Personally, I would change the name of the broadcast.
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