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COPYRIGHT COMPLIANCE FOR TEACHERS Used with permission from the Bellingham School District
INSTRUCTION The board recognizes that federal law makes it illegal to duplicate copyrighted materials without authorization of the holder of the copyright, except for certain exempt purposes. Severe penalties may be imposed for unauthorized copying or using of audio visual or printed materials and computer software, unless the copying or using conforms to the "fair use" doctrine. Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research. If duplicating or changing a product is to fall within the bounds of fair use, these four standards must be met for any of the foregoing purposes:
While the district encourages its staff to enrich the learning programs by making proper use of supplementary materials, it is the responsibility of district staff to abide by the district's copying procedures and obey the requirements of the law. In no circumstances shall it be necessary for district staff to violate copyright requirements in order to perform their duties properly. The district cannot be responsible for any violations of the copyright law by its staff. Any staff member who is uncertain as to whether reproducing or using copyrighted material complies with the district's procedures or is permissible under the law should contact the superintendent or the person designated as the copyright compliance officer. The latter will also assist staff in obtaining proper authorization to copy or use protected material when such authorization is required. Legal References: P.L. 94-553 Federal Copyright Law of 1976 (U.S. Code, Title 17)
INSTRUCTION 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.
Authorized Reproduction and Use of Copyrighted Material in Books and Periodicals In preparing for instruction, a teacher may make or have made a single copy of:
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 the notice of copyright present in the original work.
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.
Not withstanding any of the foregoing, the copyright law prohibits using copies to create, replace or substitute for anthologies, compilations or collective works. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. "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", and students cannot be charged more than actual cost of photocopying.
Teachers may use copyrighted material in overhead or opaque projectors for instructional purposes.
Authorized Reproduction and Use of Copyrighted Materials in the Library A library may make a single copy (containing the notice of copyright present on the original work) of:
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 present in the original work 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 and the library shall not make a copy if it has notice of any other use. The foregoing reproduction right shall not apply to musical works, motion pictures or other audiovisual works (other than an audiovisual work dealing with news), or pictorial, graphic or sculptural works (other than pictorial or graphic works published as illustrations, diagrams or similar adjuncts to works of which copies are reproduced hereunder). 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."
Authorized Reproduction and Use of Copyrighted Music
For academic purposes, other than performance, teachers may make a single copy of an entire performable unit (section), movement, aria, etc. from a printed musical work that is (1) confirmed by the copyright proprietor to be out of print or (2) unavailable except in a larger work, for purposes of preparing for instruction.
A teacher may make multiple copies not exceeding one copy per pupil 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 selection, movement, or aria. 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, provided that purchased copies shall be substituted in due course.
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 owned by the school or the individual teacher 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.
Copying cannot be used to create, replace or substitute for anthologies, compilations or collective works; copying of consumable works is prohibited.
Copying for the purpose of performance is prohibited, except in the case of an emergency as set forth above, and copying for the purpose of substituting for the purchase of music is prohibited, except as set forth in the first and second paragraphs above. All copies must include the copyright notice appearing on the printed copy.
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. If the requirements of the foregoing paragraph are not satisfied, performances of nondramatic musical works which are copyrighted are permitted without the authorization of the copyright owner, provided that:
All other musical performances require permission from the copyright owner.
Off-Air Recording of Copyrighted Programs Television programs transmitted by television stations for reception by the general public without charge (hereinafter referred to as "broadcast programs") 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 recordings may be used once by individual teachers in the course of relevant instructional activities, and repeated once only when instructional reinforcement is necessary in classrooms and similar places devoted to instruction, during the first ten (10) consecutive school days in the forty-five (45) calendar day retention period. "School days" are school session days - not counting weekends, holidays, vacations, examination periods or other scheduled interruptions.
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 under these guidelines. 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 teacher 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 or any other non-evaluation purpose 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.
Authorized Reproduction and Use of Video Rentals or Videos Purchased for Home Videos may only be rented for classroom use from agencies or companies which allow for such use. Many retail video rental stores have strict license agreements prohibiting use with large, non-home audiences. These restrictions may also apply to the use of videos purchased for home use. Staff is expected to review and honor these agreements.
Authorized Reproduction and Use of Copyrighted Computer Software and CD-ROM Products 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 comply with the copyright laws and any usage agreements that are applicable to the acquisition of software programs. To this end, the following guidelines shall be in effect:
Copying Limitations Circumstances will arise when staff are uncertain whether or not copying is prohibited. In those circumstances, the superintendent or designated copyright compliance officer should be contacted. The following prohibitions have been expressly stated in guidelines agreed to by representatives of educators and authors/publishers:
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