GIDEON SCHOOL DISTRICT #37
Board Approval 9/9/1999
It is the intent of the Board of Education of Gideon, Missouri, to adhere to the provisions of the current copyright laws and congressional guidelines.
The Board recognizes that unlawful copying and use of copyrighted materials contributes to higher costs for materials, lessens the incentives for development of quality educational materials, and fosters an attitude of disrespect for the law, none of which is in agreement with the educational goals of this district.
The Board directs that district employees adhere to provisions of the law and guidelines related to duplication, retention, and use of copyrighted materials.
The Board further directs that:
Though there continues to be controversy regarding interpretation of copyright laws, this policy represents a sincere effort to operate legally.
Due to the complexity of copyright laws, compliance requires that school districts become informed and cautious in their use of copyrighted materials.
The Board directs the administration to provide district employees with guidelines that clearly discourage violation of copyright laws and to provide guidance on compliance.
Employees who make and/or use copies of copyrighted materials in their jobs are expected to be familiar with and follow published provisions regarding fair use and are further expected to provide, upon request, justification for copies that have been made or used.
Employees who use copyrighted materials, which do not fall within fair use guidelines, will be expected to substantiate that the materials meet the criteria listed in the guidelines.
The Gideon Board of Education does not sanction or condone illegal duplication in any form, and any employee violating the school district's policy does so at his own risk and assumes all responsibility and liability.
The Board, in recognizing the importance of the Copyright Law of the United States (Title 17, United States Code), hereby notify all employees that a willful infringement of the law may result in disciplinary action.
Any questions regarding the copyright law that may need clarification may be referred to the Copyright Hotline, 1-800-444-4203, which is provided by the Association for Information Media and Equipment (AIME).
Legal References: Title 17, U.S.C.
Adopted: October 13, 1994
"Fair use" is the legal right to copy a limited amount of material under certain conditions without harm to the owner. Such copying is allowable without obtaining permission from the author.
The new copyright law stipulates that photocopying and other kinds of duplication and reproduction must abide by the criteria of "fair use." The fair use criteria should be applied to determine if intended copying is "fair."
The following are the four criteria of fair use specified by Section 107 of the 1978 copyright law:
The purpose and character of the use. (Is it for commercial or non-profit educational use?)
Copying for commercial purposes or for profit is not allowed.
The nature of the copyrighted work. (Is it a novel, short story, article, textbook, workbook, test, answer sheet, poem, play, musical composition or musical score, lyric or son, art or graphic work, opera, audio-visual word?...)
Consumable items may not be copied. Works which require royalty may not be copied. Reproduction of musical compositions, dramas, and audio-visual works is not authorized.
The amount and substantiality of the portion being copied. (How much is being copied? How many copies are being made?)
Unreasonable amount or excessive quantities are not allowed.
The effect on the potential market and the on the value of the work. (Is the owner being unreasonable denied what should be expected as a financial return from his/her work?)
If copying is done to avoid purchase, or if copying will adversely affect the sale of the item, it is not allowed.
ALL FOUR of these criteria need to be applied in judging whether or not there may be an infringement. Meeting only one of the criteria is not enough. The copying must reflect appropriate use of all of the four criteria. In other words, if a teacher reproduces some material for an "educational purpose" (criterion #1), this does not constitute fair use unless the other three criteria (nature, amount, and effect) are also met
DEFINITION:Copyright is a limited monopoly granted by federal law. It is the exclusive right that protects an author, composer, or programmer from having his or her work duplicated except by permission.
PURPOSE: The purpose of copyright is to encourage the development of new and original works and to stimulate their wide distribution by assuring that their creators will be fairly compensated for their contributions to society.
NEW LAW EFFECTIVE: January 1, 1978
The current American copyright law is embodied in Title 17 of the United States Code.
WHAT IS INCLUDED:Works of authorship include, but are not limited to, the following categories:
DURATION OF COPYRIGHT: Life of author plus 50 years
OWNERSHIP OF COPYRIGHT: Mere ownership of a book, manuscript, video, etc. does not give the possessor the copyright. Only the author or his designees can rightfully claim copyright.
SCOPE OF COPYRIGHTED WORKS: Any tangible medium of expression, now known or later developed, which can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device...
Under the law, teachers have a "fair use" right to make single or multiple copies of copyrighted print materials as specified below:
Make a single copy of the following:
multiple copies (not to exceed one per pupil) for classroom use of the following sources, subject to:
Note: In general, 10% is a reasonable guide for copying a portion of a work. This is also easier to calculate.
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.
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.
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.
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.
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,
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 works include, but are not limited to, filmstrips, slides, multi-media kits, motion pictures, video games, videotape, sound recordings (in all formats).
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.
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.
Under certain conditions teachers may use copyrighted videotapes in the classroom. The following applies to video tapes produced and sold for purchase or rental.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
To understand the conditions of a license on a particular software package, read the terms that will be attached to the package.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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!!!!!
Date of Request Date of Use
Broadcast Date Time
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.
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.
TO: Video Rental Agency
FROM: Gideon Public Schools
RE: School use of videotapes
In order for teaching staff to use videotapes labeled FOR HOME USE ONLY from a rental agency, school policy requires a release statement signed by an authorized representative from your agency.
TO: Gideon Public Schools Date:
As a rental agency of videocassettes, we have obtained license to distribute the title listed below for instruction use within the school classroom. The teacher is granted permission for instructional use of the program even thought the attached label states FOR HOME USE ONLY.
City State Zip Code
Teacher receiving tape
RETAIN ONE COPY FOR YOUR FILES, RETURN TWO COPIES TO TEACHER. Teacher is to retain one copy and return one copy to library.
We do hereby request that the copyright holders of the following television program be contacted relative to obtaining permission to use a video-taped copy in the Gideon Public Schools.
Name of program
Date of telecast Channel
Length of telecast Course of Study
Requesting Teacher Signature
For Central Office Only:
Name of Producer
Request sent: Date
Answer received: Date
Cost of Program
This program has been:
for retention and circulation by the Gideon Public Schools library.
Reason for Disapproval:
Copyright holder will not give permission.
Cannot find copyright holder.
Program cost prohibitive.
Sufficient funds not available at this time.
Similar media available from media library.
Potential curricular use of programs insufficient to warrant purchase.
Content will become outdated very soon.
Please submit request to the building librarian.