Note: In general, 10% is a reasonable guide for copying a portion of a work. This is also easier to calculate.
A TEACHER MAY NOT:
1. Copy from consumable materials (workbooks, activity books, exercises, standardized tests, answer sheets.
2. Copy to avoid purchase of materials.
3. Make illegal copies on direction from higher authority (supervisor, coordinating teacher, principal or other).
4. Copy the same item from term to term without securing permission.
5. Utilize more than nine instances of multiple copying per course (subject), per term.
6. Copy more than one short work or two excerpts from one author's works in any one term.
7. Use copies developed by another teacher without securing separate permission from the copyright owner.
8. Copy to make anthologies or compilations or to substitute for them.
9. Copy protected materials without inclusion of a notice of the copyright which appears on the printed copy.
10. Make multiple copies for a class of students unless the restrictions governing quantity and spontaneity are followed.
11. Charge students more than the actual cost of the authorized copies.
12. Extend the life of a worn-out ditto master by thermal or xerographic process.
A STUDENT MAY:
1. Tape a recording to use as part of a class presentation.
2. Use an opaque projector to enlarge a visual from a book or magazine onto a poster.
MUSIC
A TEACHER MAY:
1. Edit and simplify purchased sheet music as long as the work is not distorted.
2. Make emergency copies of performable units when needed for imminent performance.
3. Make single copies of a performable unit when music is out of print or unavailable.
4. Copy a copyrighted sound recording for use in construction exercises or examinations.
5. Copy student performances for evaluation or rehearsal purposes, which the teacher or institution may retain.
A TEACHER MAY NOT:
1. Copy to avoid purchase.
2. Copy music for performance (note emergency clause above).
3. Copy without including copyright notice.
4. Copy to create anthologies or compilations.
5. Copy consumable materials.
PUBLIC PERFORMANCE OF MUSIC
The public performance of music, whether or not for profit, is a copyright infringement unless licensed. Certain unlicensed performances of copyrighted music in schools, libraries, churches, or other nonprofit situations are not infringements. Therefore,
A TEACHER OR SCHOOL MAY ALLOW:
1. Performance of a work by instructors or pupils:
a) In the course of face-to-face teaching activities
b) of a nonprofit educational institution
c) in a classroom or similar place devoted to instruction
d) if, in the case of audiovisual materials, the copy was lawfully made
2. Performance of a nondramatic literary work or musical work broadcast if:
a) the performance is a regular part of teaching and
b) the performance is directly related to and of material assistance to the teaching content, and
c) the transmission is primarily for:
1) classroom or similar place devoted to instruction
2) the home-bound
3) reception by employees of governmental bodies as part of their employment.
3. Performance of a nondramatic literary work or musical work or dramatic-music work of religious nature as part of services at the place of worship or religious assembly.
4. Performance of a nondramatic literary work or music without commercial advantage and without payment of performers if:
a) there is no direct or indirect admission
b) proceeds are used exclusively for educational, religious, or charitable purposes (unless the copyright owner objects).
5. Public reception of broadcast of performance as received on regular home equipment unless:
a) a direct charge is made, or
b) the broadcast as received is further transmitted to the public.
AUDIOVISUAL MATERIALS
Audiovisual works include, but are not limited to, filmstrips, slides, multi-media kits, motion pictures, video games, videotape, sound recordings (in all formats).
A TEACHER MAY:
1. Excerpt sections from a filmstrip to create slides, not to exceed 10% of the entire work.
2. Reproduce selected slides from a series, not to exceed 10% of the entire production.
3. Excerpt sections of a 16mm film to be included in a locally-produced videotape, not to be shown over cable, not to exceed ten per cent (10%).
4. Duplicate visual or audio materials of a non-dramatic literary work to provide materials for the blind or deaf.
5. Make a cassette copy of one selection from a record album, for one-time use, as background.
6. Receive satellite signals into the classroom in a planned teaching situation.
A LIBRARIAN OR TEACHER MAY NOT:
1. Use the material for a public performance unless:
a) it is part of teaching and systematic instruction, or
b) transmitted for the home-bound, or
c) permission is obtained from the copyright owner.
2. Copy radio excerpts onto audio cassette tape to use in classroom.
3. Tape the audio and/or video portion of a television documentary for use in the classroom.
4. Read a story from a textbook onto cassette tape for reading motivation (except for the blind).
5. Use outside the school copies of AV materials made from copyrighted originals.
6. Make a copy of copyrighted originals owned by some other school within or outside the school district.
7. Duplicate copyrighted materials obtained from the publisher for preview or evaluation.
VIDEOTAPES
Under certain conditions teachers may use copyrighted videotapes in the classroom. The following applies to video tapes produced and sold for purchase or rental.
A TEACHER MAY:
1. Allow use of video tape if used by guest lecturer or by pupil as part of the teaching activities.
2. Use a videotape only if use involves the entire audience with the teaching activity.
3. Use a videotape only if the entire audience is in same room or general area.
4. Use a videotape only in nonprofit educational institution.
5. Use a videotape in classroom or similar place devoted to instruction.
6. Use a videotape only if it is lawfully made.
7. Use in fact-to-face instruction videotapes purchased by the school, even though labeled FOR HOME USE ONLY, but the tape must be INCORPORATED AS PART OF THE SYSTEMATIC TEACHING activities of the subject for which it is used.
8. Use for instructional purposes a RENTAL videotape ONLY if the school has obtained a written release statement from the rental agency granting permission for instructional use of the tape. See Appendix E from sample form.
A LIBRARIAN MAY:
1. Loan videotapes in the collection to students for home viewing.
2. Project a videotape through a film chain on closed circuit television WITHIN THE BUILDING.
3. Make duplicate videotapes of a non-dramatic literary work in order to provide materials for the blind or deaf.
A TEACHER MAY NOT:
1. Show any copyrighted videotape for entertainment, fund-raisers, or time-fillers. This becomes a public performance that does not come under fair use and which requires a license or permission.
2. Duplicate a copyrighted videotape for any commercial purpose or any activity for which admission is charged.
3. Make a copy of copyrighted originals owned by any other school within or outside the school district.
A LIBRARIAN MAY NOT:
1. Make an archival copy of a copyrighted videotape.
2. Project a copyrighted videotape through a film chain on closed circuit television or cable to another school in the school district.
OFF-AIR TAPING
For the purpose of this section, "broadcast program" is defined as a television program transmitted by television stations for reception by the general public WITHOUT CHARGE.
A TEACHER MAY:
1. Use tapes of programs recorded off-air in the classroom in a nonprofit educational institution. The taping can be done only at THE TEACHER'S REQUEST. See Appendix D for sample form.
2. Retain recordings for a period not to exceed forty-five (45) consecutive calendar days following the date of recording. The recording must be erased on the forty-sixth day.
3. Use off-air recordings once in the course of teaching activities and repeat the use only once when instructional reinforcement is necessary during the course of ten (10) consecutive school days during the forty-five day calendar retention period.
4. Use off-air recordings which must include the copyright notice on the broadcast program as recorded.
5. Make a limited number of copies of each off-air recording to meet the legitimate needs of teachers under these guidelines. Each copy is subject to all provisions governing the original recording.
6. Excerpt recordings. Recordings need not be used in their entirety as long as original content is not altered.
A TEACHER MAY NOT:
1. Add an off-air recording to the library collection unless it is a copy of a news program.
2. Use an off-air recording after the ten-day period expires, except for teacher evaluation purposes.
3. Record from any PAID television channel and use in a teaching situation.
A LIBRARIAN MAY NOT:
1. Regularly record programs in anticipation of teacher request.
2. Tape a single program more than once at the request of the same teacher no matter how many times the program is broadcast.
COMPUTER SOFTWARE
When purchasing or requesting purchase of computer software include request for back-up copy. Also indicate on requisition whether software is needed for circulating purposes or in lab-pack quantities.
A TEACHER MAY:
1. Adapt a copyrighted program from one computer language to another for which it is not commercially available or may add features to better meet local needs.
2. Make multiple copies of a program if the school district has acquired the licensed rights to do so.
3. Make a copy provided that the making of the copy is an essential step in using the program.
A TEACHER MAY NOT:
1. Load a single program into more than one machine at a time.
2. Make multiple copies of a program unless the building or district has acquired the rights to do so.
4. Make multiple copies of a program to be sold, leased, loaned, transmitted, or given away to any other user.
5. Load a copyrighted program into several computers or a network from the same disk and use them simultaneously, unless licensed to do so.
A LIBRARIAN MAY:
1. Lawfully make one archival copy of a copyrighted program to be retained in the library.
2. Make a copy form an archival copy only if the circulating copy has been damaged or destroyed.
* Libraries should note on purchase orders the intended use of software meant to circulate.
* Machines capable of being used by patrons to copy a program should be posted with the copyright warning notice.
DATABASE DOWNLOADING
The
Digital Millinium Copyright Act
Downloading involves the transmission of data from a remote or host computer to the user's on-site storage device for later searching, manipulation, or storage.
A TEACHER, LIBRARIAN, OR STUDENT MAY:
1. Download to a printer bibliographic citations or the full text of a document identified during a search of a commercial database (DIALOG, Wilsonline, etc.) as the terms of the school's contract with the vendors specify.
2. Use downloaded material for individual research or teaching.
LICENSING AGREEMENTS
SITE LICENSES
In some instances, the school district or library may wish to obtain a licensing agreement, a site license, from the publisher or owner of the copyright. The advantage is that under certain conditions additional copies may be made for that building. However, under such licensing agreements, certain restrictions still apply.
"SHRINK-WRAP" LICENSES
Some licenses appear through the clear wrap on software (shrink-wrap licenses). If such licenses are enforceable, by opening a shrink-wrapped package and using the software the librarian or classroom teacher may become contractually bound by the terms of the agreement. At present, no cases have been decided concerning such licenses; however, some states have enacted laws making shrink-wrap licenses binding.
CONDITIONS OF LICENSES
To understand the conditions of a license on a particular software package, read the terms that will be attached to the package.
PERMISSION TO COPY/RETAIN
If a teacher desires to use a program as a apart of teaching activities on a regular basis, then steps should be taken to secure permission to copy the material or to retain a copy. This should be requested through the library media center where the proper forms will be completed and sent to the copyright officer of the district. When such permission is granted, the original letter must be on file in the office of the copyright officer and a copy in the library media center files. See Appendix F for sample form.
PERMISSION FROM RENTAL AGENCY
If a teacher desires to use a videotape as part of teaching activities and that tape is available only from a rental agency, permission must be secured from that rental agency to use the tape under such conditions. The rental agency has the right to grant or deny such permission. A form requesting can be obtained from the library media center. In the event permission is granted, the original of this permission form must be on file in the office of the copyright officer and a copy in the library media center files. See Appendix E for sample form.
INFRINGEMENT AND LIABILITIES
INNOCENT VIOLATION
The Copyright Revision Act provides some relief to librarians and educators who innocently infringe a copyright believing the use to be fair.
If there is a school district policy regarding copying and the librarian or instructor is conforming to that policy, then the librarian or teacher should be protected by the institution.
WILLFUL VIOLATION
If violation is willful, copyright infringement can result in an injunction against further violations, impoundment of wrongfully duplicated materials, actual damages suffered or "statutory" civil damages of not less than $250 and no more than $10,000 per violation, and assessment of attorneys' fees.
If the violation is extraordinary, the statutory damages can be increased to $50,000.
For willful violations undertaken for financial gain, criminal penalties also can be levied. First offenders may be imprisoned for up to one year and fined up to $25,000 in addition to all the civil penalties just enumerated.
LIABILITY
In case of an infringement the librarian, teacher, school principal, superintendent, and the school board can be sued. The person who does the infringing is the prime offender.
FRIVOLOUS LAWSUITS
Compliance with these guidelines does not ensure against the filing of suits regarding activities clearly within the guidelines. No one can be stopped from filing a suit, no matter how frivolous. However, compliance with the guidelines would be a very influential consideration in any court case, and chances of recovering damages would be minimal.
APPENDIX A
Court Cases
Columbia Pictures Industries, Inc. v. Aveco., Inc.,230 U.S.P.Q. 869 (3rd Cir. 1986)
Columbia Pictures Industries, Inc. v. Professional Real Estate Industries, CCH Copyright Law Rpts. 25, 901 (C.D. Cal. 1986)
Columbia Pictures Industries, Inc. v. Redd Horne, 749 F. 2d 154 (3rd Cir. 1984)
Encyclopedia Britannica v. Crooks, 447 F. Supp. 243 (W.D.N.Y. 1978); 542 F. Supp. 1156 (W.D.N.Y. 1982); 558 F. Supp. 1247 (W.D.N.Y. 1983)
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984)
Twentieth Century Music Corp. v. Aiken, 422 U.S. 151 (1975)
Vault Corp. v. Quaid Software Ltd., No. 85-2283 (E.D. La. Feb. 12, 1987)
APPENDIX B
SOURCES
Adams, Helen R. School Media Policy Development; A Practical Process for Small District, Littleton, CO: Libraries Unlimited, 1986.
Becker, Gary H. The Copyright Game; An Information Exchange and Strategy Session, unpublished paper, 1977.
Columbia Public Schools. Copyright Update, unpublished document, 1987.
Jaffe, Karen. "Making Sense of Copyright," Connect, (January, February 1990).
Library of Congress. Copyright Basics, Washington, D.C.: U.S. Government Printing Office. 1989.
Library of Congress. Reproduction of Copyrighted Works by Educators and Librarians, Washington, D.C.: U.S. Government Printing Office, 1988.
Niemeyer, Karen. Copyright Policies: Who Needs Them? unpublished document, 1986.
Reed, Mary Hutchings. The Copyright Primer for Librarians and Educators, Chicago: American Library Association, 1987.
Talab, R.S. Commonsense Copyright; A Guide to the New Technologies, Jefferson, N.C.: McFarland, 1986.
Permission has been granted from Carmel-Clay Schools to reprint specified materials from their guide.
APPENDIX C
NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS*
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
*This notice is to be placed on all photocopying equipment, video recording and equipment.
WARNING
Computer software is protected by United States and International copyright laws. If you copy software from the school, you are violating the copyright laws. This is known as software piracy and could be punishable by fines and/or jail sentences.
PLEASE DON'T COPY OUR SOFTWARE!!!!!
APPENDIX D
GIDEON PUBLIC SCHOOLS
VIDEO TAPE REQUEST FORM FOR OFF-AIR TAPING
Teacher's Name
Date of Request Date of Use
Program Title
Broadcast Date Time
Channel Length
Curricular Use
I hereby request that the following television program be videotaped for may class use and/or evaluation. I, the undersigned, am familiar with the guidelines contained in the district Copyright Handbook and agree to its restrictions.
Teacher's Signature
Date
Procedures:
1. Teacher should complete the request form which is available from the librarian.
2. a) Form must be return to the librarian at least 24 hours in advance of taping date request.
b) From requesting taping from satellite must be submitted to central office 48 hours in advance of taping date requested. 3. Person who does the copying should maintain the request form.