What is required for the decision to use copyrighted works under the spontaneity test?

The spontaneity test is a guideline used in educational contexts to determine when the use of copyrighted materials can be considered fair use. For a decision to qualify under this test, it is essential that the educator makes the decision to use copyrighted works shortly before the lesson occurs. This aspect emphasizes the need for spontaneity in the decision-making process, indicating that the use of the material is not pre-planned or part of a long-term strategy. This is particularly relevant in educational settings, where instructors often need to adapt their lessons quickly based on the realities of classroom dynamics and the needs of their students.

Therefore, the requirement for the decision to use copyrighted works under the spontaneity test establishes that the implementation should be immediate and responsive, rather than a planned or deliberate choice made well in advance.