EGAD
COPYRIGHT POLICY
It is the public policy of the
The Chichester School Board does not sanction nor condone illegal duplication in any form and any employee violating the school district’s copyright position does so at his/her own risk and assumes all liability responsibilities.
APPROVED: June, 1991
The reproduction or use of copyrighted materials by educators and librarians permitted by law under certain circumstances. School personnel shall abide by such principles of “fair use” as permitted by the Copyright Law, P.L. 94-533 Federal guidelines and District procedures.
Copyright owners and users have agreed on limited amounts of copying which can be done without fear of criminal penalty. These guidelines have Congressional Committee backing and are considered lawful. Beyond these guidelines is a gray area which may still be considered “fair use” but only a court case can decide for sure.
A. Guidelines for Classroom Copying In Not-For-Profit Educational Institution With Respect to Books and Periodicals. [The purpose of the following guide lines is to state the minimum and not the maximum standards of educational fair use under Section 107 (see page 1, 2.)]
1. 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 periodical;
c) a short story, short essay or short poem;
d) a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
2. A teacher may make multiple copies of the following for classroom use, but no more than one copy per student:
a) a complete poem of less than 250 words;
b) an excerpt of not more than 250 words from a longer poem;
c) a complete prose work if it is less than 2,500 words;
d) an excerpt of not more than 10% of a prose work of between 5,000 and 10,000 words;
e) an excerpt of not more than 10% of a prose work of between 5,000 and 10,000 words;
f) an excerpt of not more than 1,000 words from a prose work which is greater than 10,000 words
g) one illustration per book or periodical issue; and
h) not more than two pages and 10% of the words of “special works” which combine illustrations and less than 2,500 words; i.e., children’s book;
i) any of the foregoing numerical limits may be exceeded in order to complete a line of poetry or a paragraph of prose
3. Performance by teachers or students of copyrighted dramatic works without authorization from the copyright owner are permitted as a part of teaching activity in a classroom or instructional setting. All other performances require permission from the copyright owner.
4. Teachers may use copyrighted material in opaque projectors for instruction purposes for viewing purposes only.
1. Brevity – The copying is limited in length according to the type of material. Poetry is limited to one complete poem if less than 250 words and if printed on not more than two pages. If it is a longer poem, the limit is an excerpt of not more than 250 words. Prose is limited to one complete article, story, or essay of less than 2,500 words. Or the prose is limited to an excerpt of 10% of the work or 500 words – whichever is less – when the prose work is no more than 1,000 words. Illustrations are limited to one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
2. Spontaneity – The copying is at the instance and inspiration of the individual teacher and the inspiration/decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
3. Cumulative Effect – The copying of the material is for only one course in the school. Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work of periodical volume during one class term. There shall not be more than nine instances of such multiple copying for one course during one class term.
4. Prohibitions – Copying shall not be used to create or to replace or substitute for anthologies, compilation, or collective works. Such replacements or substitutions may occur whether copies of various works or excerpts there from are accumulated or reproduced and used separately. There shall be no copying of or from works intended to be consumable in the course of study or of teaching. These include workbooks, exercises, standardized tests, test booklets, answer sheets, and other consumable materials. Copying shall not substitute for the purchase of books, publishers’ reprints, or periodicals. Copying shall not be directed by a higher authority or repeated with respect to the same item by the same teacher from term to term. No charge shall be made to the student beyond the actual cost of the photocopying. This means that copying charges made to the student for profit are strictly forbidden.
A. 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.
B. 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, however, 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.
C. 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.
D. A teacher may make and retain a single recording of student performances of copyrighted material when it is made for the purposes of evaluation or rehearsal.
E. 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.
F. 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.
G. Performance by teachers or students of copyrighted musical 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.
H. Performance of non-dramatic musical works which are copyrighted are permitted without the authorization of the copyright owner, provided, however, that:
1. the performance is not for a commercial purpose;
2. none of the performers, promoters or organizers are compensated; and
3. admission fees are used for educational or charitable purposes only.
I. All other musical performances require permission from the copyright owner.
A. A teacher may:
1. Create a series of slides from multiple sources, such as magazines, books, encyclopedias, etc., as long as one does not exceed 10% of the photographs in any one source, unless the source specifically prohibits any photographic reproduction.
2. Create a single overhead transparency from a single page of a consumable workbook.
3. Create multiple overhead transparencies from a variety of sources, not exceeding 10% of the total content of any one source, unless this type of reproduction is specifically prohibited.
4. Excerpt sections from a filmstrip to create slides as long as one does not exceed 10% of the entire work or excerpt the very creative essence of the work.
5. Reproduce selective slides from a slide series as long as one does not exceed 10% of the entire production, excerpt the very creative essence of the work or violate a specific prohibition for this type of reproduction.
B. A teacher may not:
1. Duplicate cassette tapes unless reproduction rights were given at time of purchase.
2. Reproduce musical works (i.e. records) or convert into another form for use (i.e. tapes).
3. Reproduce “ditto masters” produced commercially, individually, or sets or as part of multi-media kits if they are available for sale separately.
4. Reproduce any audiovisual work in its entirety.
5. Convert one media format into another, i.e. 16mm film to videotape.
6. Narrate entire stories onto audiotape.
C. Guidelines for off-air recording of broadcast programming for educational purposes. (Congressional Record, October 14, 1981, pp. E 4750-E 4752).
1. The guidelines were developed to apply only to off-air recordings by non-profit educational institutions.
2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a non-profit educational institutions for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. “Broadcast programs” are television programs transmitted by television stations for reception by the general public without charge.
3. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as the homes of students receiving formalized home 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 – within the forty-five (45) calendar day retention period.
4. 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.
5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
6. 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, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
7. 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.
8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
9. Education institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.
D. Permissible uses of prerecorded and videotapes (home videotape rental stores).
1. Teachers and pupils are exempt under Title 17, Section 110 (1) to perform copyrighted works in face-to-face instruction, with the following limitations.
a) The performance is part of a systematic course of instruction and not for entertainment, recreation, or cultural value.
b) Attendance at performances is limited to the pupils enrolled in the course, and to their teacher(s).
c) The performance is given in a classroom or a similar place devoted to instruction, including libraries and gymnasiums, so log as the attendance limitation (Item B, above) is satisfied.
d) The performance is given from a legitimately-made copy, which was not sold under a license or contract restricting school performances.
V.
Authorized Reproduction and Use of
Copyrighted Computer Software.
A. On
1. A definition of a “computer program” was inserted and is defined as “a set of statements or instructions to be used directly in a computer in order to bring about a certain result.”
2. The owner of a copy of a computer program is not infringing on the Copyright by making or authorizing the making of another copy or adaptation of that program if the following criteria are met:
a) That the new copy or adaptation is created in order to be able to use the program in conjunction with the machine and it is used in no other machine.
b) That the new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
c) Any copies prepared or adapted may not be leased, sold or otherwise transferred without the authorization of the copyright owner.