Staff may make
copies of copyrighted school district materials that fall within the following
guidelines. Where there is reason to believe the material to be copied does not
fall within these guidelines, prior permission shall be obtained from the
principal. Staff members who fail to follow this procedure may be held
personally liable for copyright infringement.
Reminders:
A. Materials on the Internet should be used with caution since they may be copyrighted.
B. Proper attribution (author, title, publisher, place and date of publication) should always be given.
C. Notice should be taken of any alternations to copyrighted works, and such alternations should only be made for specific instructional objectives.
D. Care should be taken in circumventing any technological protection measures. While materials copied pursuant to fair use may be copied after circumventing technological protections against unauthorized copying, technological protection measures to block access to materials may not be circumvented.
In preparing for
instruction, a teacher may make or have made a single copy of:
A. A chapter from a book;
B. An article from a newspaper or periodical;
C. A short story, short essay or short poem; or
D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
A teacher may make
multiple copies not exceeding more
than one per pupil, for classroom use or discussion if the copying meets the
tests of “brevity, spontaneity and cumulative effect” set by the
following guidelines. Each copy must include a notice of copyright.
A. Brevity
i. A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words;
ii. Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1000 words or 10 percent of the work, whichever is less may be copied; in any event, the minimum is 500 words;
iii. Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph;
iv. One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied. “Special” works cannot be reproduced in full; this includes children's books combining poetry, prose or poetic prose. Short special works may be copied up to two published pages containing not more than 10 percent of the work.
B. Spontaneity – Should be at the “instance and inspiration “of the individual teacher when there is not a reasonable length of time to request and receive permission to copy.
C. Cumulative Effect – Teachers are limited to using copied material for only one course in the school in which copies are made. No more than one short poem, article, story or two excerpts from the same author may be copied, and no more than three works can be copied from a collective work or periodical column during one class term. Teachers are limited to nine instances of multiple copying for one course during one class term. Limitations do not apply to current news periodicals, newspapers and current news sections of other periodicals.
Performances by
teachers or students of copyrighted dramatic works without authorization from
the copyright owner are permitted as part of a teaching activity in a classroom
or instructional setting. All other performances require permission from the
copyright owner.
The copyright law
prohibits using copies to replace or substitute for anthologies, consumable
works, compilations or collective works.
“Consumable “ works include: workbooks, exercises,
standardized tests, test booklets and answer sheets. Teachers cannot substitute
copies for the purchase of books, publishers' reprints or periodicals, nor can
they repeatedly copy the same item from term-to-term. Copying cannot be
directed by a “higher
authority “, students cannot be charged more than actual cost of
photocopying.
Teachers may use
copyrighted material in overhead or opaque projectors for instructional
purposes.
A library may make a single copy or three digital copies of:
A. An unpublished work which is in its collection;
B. A published work in order to replace it because it is damaged, deteriorated, lost or stolen, provided that unused replacement cannot be obtained at a fair price.
C. A work that is being considered for acquisition, although use is strictly limited to that decision. Technological protection measures may be circumvented for purposes of copying materials in order to make an acquisition decision.
A library may
provide a single copy of copyrighted material to a student or staff member at
no more than the actual cost of photocopying. The copy must be limited to one
article of a periodical issue or a small part of other material, unless the library finds that the
copyrighted work cannot be obtained elsewhere at a fair price. In the latter
circumstance, the entire work may be copied. In any case, the copy shall
contain the notice of copyright and the student or staff member shall be
notified that the copy is to be used only for private study, scholarship or
research. Any other use may subject the person to liability for copyright
infringement.
At the request of
a teacher, copies may be made for reserve use. The same limits apply as for
single or multiple copies designated in “Authorized Reproduction and Use
of Copyrighted Material in Print.”
A teacher may make
a single copy of a song, movement, or short section from a printed musical work
that is unavailable except in a larger work for purposes of preparing for
instruction.
A teacher may make
multiple copies for classroom use of an excerpt of not more than 10% of a
printed musical work if it is to be used for academic purposes other than
performance, provided that the
excerpt does not comprise a part of the whole musical work which would
constitute a performable unit such as a complete section, movement, or song. In
an emergency, a teacher may make and use replacement copies of printed music
for an imminent musical performance when the purchased copies have been lost,
destroyed or are otherwise not available.
A teacher may make
and retain a single recording of student performances of copyrighted material
when it is made for purposes of evaluation or rehearsal.
A teacher may make
and retain a single copy of excerpts from recordings of copyrighted musical
works for use as aural exercises or examination questions.
A teacher may edit
or simplify purchased copies of music provided that the fundamental character
of the music is not distorted. Lyrics shall not be altered or added if none
exist.
Performance by
teachers or students of copyrighted musical works is permitted without the
authorization of the copyright owner as part of a teaching activity in a
classroom or instructional setting. The purpose shall be instructional rather
than for entertainment.
Performances of
non-dramatic musical works which are copyrighted are permitted without the
authorization of the copyright owner, provided that:
A. The performance is not for a commercial purpose;
B. None of the performers, promoters or organizers are compensated; and
C. Admission fees are used for educational or charitable purposes only.
All other musical
performances require permission from the copyright owner.
Television programs,
excluding news programs, transmitted by commercial and non-commercial
television stations for reception by the general public without charge may be
recorded off-air simultaneously with broadcast transmission (including
simultaneous cable retransmission) and retained by a school for a period not to
exceed the first forty-five (45) consecutive calendar days after date of
recording. Upon conclusion of this retention period, all off-air recordings
must be erased or destroyed immediately.
Off-air recording
may be used once by individual teachers in the course of instructional
activities, and repeated once only when reinforcement is necessary within a
building, during the first ten (10) consecutive school days, excluding
scheduled interruptions, in the forty-five (45) calendar day retention period.
Off-air recordings
may be made only at the request of and used by individual teachers, and may not
be regularly recorded in anticipation of requests. No broadcast program may be
recorded off-air more than once at the request of the same teacher, regardless
of the number of times the program may be broadcast.
A limited number
of copies may be reproduced from each off-air recording to meet the legitimate
needs of teachers. Each additional copy shall be subject to all provisions
governing the original recording.
After the first
ten (10) consecutive school days, off-air recordings may be used up to the end
of the forty-five (45) calendar day retention period only for evaluation
purposes, i.e., to determine whether or not to include the broadcast program in
the teaching curriculum. Permission must be secured from the publisher before
the recording can be used for instructional purposes after the ten (10) day
period.
Off-air recordings
need not be used in their entirety, but the recorded programs may not be
altered from their original content. Off-air recordings may not be physically
or electronically combined or merged to constitute teaching anthologies or
compilations.
All copies of
off-air recordings must include the copyright notice on the broadcast program
as recorded.
Schools have a
valid need for high-quality software at reasonable prices. To assure a fair
return to the authors of software programs, the school district shall support
the legal and ethical issues involved in copyright laws and any usage
agreements that are incorporated into the acquisition of software programs.
To this end, the
following guidelines shall be in effect:
A. All copyright laws and publisher license agreements between the vendor and the district shall be observed;
B. Staff members shall take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment;
C. A back-up copy shall be purchased, at least, for use as a replacement when a program is lost or damaged. If the vendor is not able to supply such, the district, in accordance with P.L. 96-517, Section 7(b), shall make a back-up program and attest that the program will be used for replacement purposes only;
D. The principal is authorized to sign a software license agreement on behalf of the school. A copy of said agreement shall be retained by the principal.
E. A computer program may be adapted by adding to the content or changing the language. The adapted program may not be distributed.
A. Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before such projects are placed online.
B.
The opening screen of such presentations shall
include notice that they were prepared under the fair use exemption of the
C. Students may incorporate portions of copyrighted materials in producing educational multimedia projects for a specific course, and may perform, display or retain the projects.
D. Educators may perform or display their own multimedia projects to students in support of curriculum-based instructional activities. These projects may be used:
a.
In
face-to-face instruction;
b. In demonstrations and presentations, including conferences;
c. In assignments to students;
d. For remote instruction if distribution of the signal is limited;
e. Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be saved on-site only; or
f. In their personal portfolios.
Educators may use
copyrighted materials in a multimedia project for two years, after that
permission must be requested and received.
E. The following limitations restrict the portion of any given work that may be used pursuant of fair use in an educational multimedia project:
a. Motion media: ten percent or three minutes, whichever is less
b. Text materials: ten percent or 1,000 words, whichever is less
c. Poetry: an entire poem of fewer than 250 words, but no more than three poems from one author or five poems from an anthology. For poems of greater than 250 words, excerpts of up to 250 words may be used, but no more than three excerpts from one poet or five excerpts from an anthology
d. Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations that change the basic melody or fundamental character of the work.
e. Illustrations, cartoons and photographs: No more that five images by an artist, and no more than ten percent or fifteen images whichever is less from a collective work.
f. Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less.
Circumstances will
arise when staff members are uncertain whether or not copying is prohibited. In
those circumstances, the superintendent or designated copy-right compliance
officer should be contacted. The following prohibitions have been expressly
stated in federal guidelines:
A. Reproduction of copyrighted material shall not be used to create or substitute for anthologies, compilations or collective works.
B. Unless expressly permitted by agreement with the publisher and authorized by district action, there shall be no copying from copyrighted consumable materials such as workbooks, exercises, test booklets, answer sheets and the like.
C. Staff shall not:
a.
Use
copies to substitute for the purchase of books, periodicals, music recordings,
computer software or other copyrighted material except as permitted by district
procedure;
b. Copy or use the same item from term to term without the copyright owner's permission;
c. Copy or use more than nine instances of multiple copying of protected material in any one term;
d. Copy or use more than one short work or two excerpts from works of the same author in any one term; or
e. Copy or use protected material without including a notice of copyright. The following is a satisfactory notice: NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.
Staff shall not
reproduce or use copyrighted material at the direction of someone in higher
authority or copy or use such material in emulation of some other teacher's use
of copyrighted material without permission of the copyright owner.
May 2005