Southern Local School District
Administrative Guidelines
 

2531 - COPYRIGHTED MATERIALS

Copyright is the exclusive right that protects an author, composer, or programmer from having his or her work published, recorded, exhibited, translated, or reproduced by way of copies and other versions, except by permission. 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.

Current American copyright law is embodied in Title 17 of the U.S. Code. Works of authorship include, but are not limited to, the following categories:

 A.computer programs
 B.dramatic works, including any accompanying music
 C.literary works
 D.motion pictures and other audiovisual works
 E.musical works, including any accompanying words
 F.pantomimes and choreographic works
 G.pictorial, graphic, and sculptural works
 H.sound recordings

The law affects classroom practices and necessitates that educational staff examine:

 A.what they copy;
 B.how much they copy;
 C.the purposes for which they copy;
 D.the conditions under which they copy.

Of special interest to educational staff is the "fair use" doctrine and the accompanying Congressional guidelines which stipulate what may and may not be copied for use in schools and classrooms.

Four (4) fair-use criteria of the Copyright Act include:

 A.the purpose and character of the use by the copier;
 B.the nature of the copyrighted work;
 C.the amount and substantiality of the portion copied in relation to the whole copyrighted work;
 D.the effect of the copying upon the potential market for or value of the copyrighted work.

The following pages explain some highlights of the law and its accompanying guidelines. The guidelines, while not law, were generated in response to questions. They will be modified by future court decisions and legislative action. However, they are an interpretation of the law as developed by Congressional subcommittees.

If there are questions not covered by these pages, staff members should contact the Office of Media Services.

 A.Literary Materials
  1.Single Copying for Professional Staff Members
   A single copy may be made for any of the following by or for a professional staff member at his/her individual request for his/her scholarly research or use in teaching or preparation to teach a class:
   a.a chapter from a book
   b.an article from a periodical or newspaper
   c.a short story, short essay, or short poem, whether or not from a collective work
   d.a chart, graph, diagrams, drawing, cartoon or picture from a book, periodical, or newspaper
  2.Multiple Copies for Classroom Use
   Multiple copies (not to exceed in any event more than one (1) copy per student in a course) may be made by or for the professional staff member giving the course for classroom use or discussion, provided that:
   a.the material copied is brief and the copying is spontaneous and noncumulative as measured by the definitions of brevity, spontaneity, and cumulative effect below;
   b.each copy includes a notice of copyright.
  3.Library Copying
   Libraries are protected beyond the "fair use" section of the law. A library is allowed to reproduce one (1) copy or recording of a copyrighted work and distribute it if: the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; the collection of the library is open to the public, or available not only to researchers affiliated with the library or with the institution of which it is a part, but also to other persons doing research in a specialized field; and if the reproduction or distribution of a work includes a notice of copyright.
   Such copying is permitted only for the preservation of unpublished works, and only for the replacement of damaged or missing works if other replacements cannot be obtained at a fair price. Library copyrights do not apply to musical works, a pictorial, graphic, or sculptural work, or to an audiovisual work except if needed for replacement.
  4.Definitions
   a.Brevity
    A reproduced work is brief if it consists of the following:
    1)Poetry: Not more than:

a) a complete poem if fewer than 250 words and if printed on not more than two (2) pages;

b) an excerpt from a longer poem if the excerpt is not more than 250 words.
 

These numerical limits may be expanded to permit completion of an unfinished line of poetry.
    2)Prose: Not more than:

a) a complete article, story, or essay of fewer than 2,500 words;

b) an excerpt from any prose work of not more than 1,000 words or ten percent (10%) of the work, whichever is less, but in any event a minimum of 500 words.
 

These numerical limits may be expanded to permit completion of an unfinished prose paragraph.
    3)Illustration: Not more than one (1) chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
    4)Special works: Certain works in poetry, prose or in poetic prose which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience often fall short of 2,500 words in their entirety. Paragraph 2 above notwithstanding, such special works may not be reproduced in their entirety; however, an excerpt comprising not more than two (2) of the published pages of such special work and containing not more than ten percent (10%) of the words found in the text thereof may be reproduced.
   b.Spontaneity: Reproduction of a copyrighted work is spontaneous if:
    1)the copying is at the instance and inspiration of the individual professional staff member;
    2)the inspiration and decision to use the work and the moment of its use of maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission to use the work.
   c.Cumulative Effect: Reproduction of a copyrighted work is noncumulative if:
    1)the copying of the material is for only one (1) course in the school in which the copies are made;
    2)not more than one (1) short poem, article, story, essay, or two (2) excerpts have been copied from the same collective work or periodical volume during one class term. This section does not apply to current news periodicals and newspapers and current news sections of other periodicals.
 

No more than nine (9) instances of multiple copying for one (1) course during one (1) term is allowed.
  5.Prohibitions
   Notwithstanding any of the above, the following prohibitions shall be in effect:
   a.Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.
   b.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, answer sheets, and like material.
   c.Copying shall not substitute for the purchase of books, publishers' reprints, or periodicals; or be directed by higher authority; or be repeated with respect to the same item by the same professional staff member from term to term.
   d.No charge shall be made to the student for the copied material.
 B.Televised Material
  1.In General
   This section applies to a class viewing of an educational audiovisual work which is either broadcast at a particular time or available on a recorded videotape which is not licensed for public performance by the School District.
  2.Viewing of A Live Television Broadcast During Class Time
   If the audiovisual work is a broadcast television program and the timing of the broadcast corresponds to the meeting time of the class, the teacher is permitted to arrange for a television to be made available so that the class may view the televised program simultaneous with the broadcast only if no admission is charged directly or indirectly to view the work.
  3.Recording of a Televised Broadcast to Show During Class Time
   If the audiovisual work is a broadcast television program and the timing of the broadcast does not correspond to the meeting time of the class, a videotape of the televised program can be made only if all of the following circumstances are met:
   a.the videotape is made by or at the request of the teacher and not directed by a principal, parent, or other individual or organization;
   b.no admission is charged whether directly or indirectly to view the work; and
   c.the teacher has obtained proper authorization to show the videotape as outlined in Section 5 below.
  4.Viewing of a Pre-Recorded Videotape
   A pre-recorded, commercially-available videotape not licensed for public performance by the School District may not be shown in class unless the teacher has obtained proper authorization to show the videotape as outlined in Section 5, paragraph a. below. Note the provisions in paragraphs b.-c. of Section 5 do not apply in this case.
  5.Proper Authorization
   a.A teacher is authorized to show a videotaped program during class if the teacher has obtained written permission from the copyright owner of the recorded program. Requests for permission should be directed to the permission department of the producer of the work and include the title, the date of broadcast if applicable, the audience who will view the work, an assurance that no admission will be charged to view the work, whether the work will be viewed once or on a frequent basis by other classes, and the methods by which the videotaped work was obtained or copied.
    A copy of any written permissions received should be submitted to the principal.
   b.In the event a broadcast of a televised program occurs reasonably simultaneous with the logical inclusion of the program within a teacher's curriculum, and there is insufficient time to obtain written permission from the owner of the copyright to the televised program, a teacher may make a videotape of the televised program only if all of the following circumstances are met:
    1)the videotaped program is shown in a classroom for educational use;
    2)the videotaped program is shown only once; and
    3)the videotape containing the program is erased following the viewing.
   c.A videotape made under the provisions of paragraph b. above can be shown on additional occasions if a teacher obtains subsequent written permission pursuant to paragraph a. of this section.
 C.Music
  1.Permissible Uses of Music
   a.Emergency copies of printed music may be made to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies are substituted in due course.
   b.For academic purpose other than performance:
    1)Multiple copies of excerpts of works may be made, provided that the excerpt does not comprise a part of the whole which would constitute a performable unit such as a section, movement, or aria, but in no case more than ten percent (10%) of the work. The number of copies shall not exceed one (1) copy per student.
    2)A single copy of an entire performable unit (section, movement, aria, etc.) that is:

a) confirmed by the copyright proprietor to be out of print;

b) unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his/her scholarly research or in preparation to teach a class;

c) printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist;

d) a single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher;

e) a single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by the School District or by an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the District or the teacher. (This pertains only to the copyright of the music itself and not to any copyright that may exist in the sound recording.)

  2.Prohibitions
   The following practices are prohibited:
   a.copying to create or replace or substitute anthologies, compilations, or collective works
   b.copying of or from works intended to be consumable in the course of study or of teaching such as workbooks, exercises, standardized tests, answer sheets, and like material
   c.copying for the purpose of performance, except as in 2(a) above
   d.copying for the purpose of substituting for the purchase of music, except as in l(a) and (b) above
   e.copying without inclusion of the copyright notice that appears on the printed copy
 D.Software
  The Copyright Act was amended on December 12, 1989, to define computer program and to provide for the reproduction of another copy of a computer program by the owner. Section 117 of the Copyright Act reads as follows: "Notwithstanding the provisions of Section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
  1.that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
  2.that such 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."
 

"Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner."
 E.Database Downloading
  A teacher/student may:
  1.download to the printer bibliographic citations or full text of a document identified during a search of DIALOG, Wilsonline, etc., as the terms of the school's contract with the vendors specify. It is assumed that the user will require no more than 20-30 citations, will be using a legitimate password/subscription for invoice purposes, and has local approval to order, receive, and provide payment for a full-text document or citations.
  2.use downloaded material for individual research or teaching.

A teacher/student may not (without express written consent of the database vendor):
  1.keep archival copies of downloaded works.
  2.download a "substantial taking" (complete database or most of the records). Note that this criterion also includes a qualitative aspect. For example, if several records were retrieved from a large database but these records were qualitatively superior to the others, the use could also be considered a "substantial taking".
  3.make commercially available the downloaded material. All four (4) fair-use criteria apply to downloading, but the economic aspect has generally been regarded to be the most important.
 F.Obtaining Permission for Copying
  1.A teacher may request and obtain permission to copy material from a copyrighted work; s/he may then use the work as expressly permitted and will not be bound by the limitations and prohibitions set forth above.
  2.Request for permission must be in writing and should be sent, together with an envelope addressed to the sender, to the permissions department of the publisher of the work. The request should include the title, author or editor, and edition of materials for which permission is sought; the exact materials to be used, with specification of amount, page numbers, chapters, including, if possible, a photocopy of the material; the number of copies to be made; the use to be made of the duplicated materials; the form of distribution; whether or not the copies will be sold; and the process by which the material will be reproduced.
  3.A copy of the written permission granted by the publisher or copyright owner shall be preserved by the Superintendent.

Libraries and students have additional privileges others do not

A student may:

 A.tape a recording to use as background music for a slide production to be used in class. (Since a class effort might be appropriate at a later time as a media fair project or as part of a public display, either inside or outside the classroom, the student is advised to develop an original composition or to use music from a production library or other sources for which the school has obtained a license and copyright permissions.)
 B.use an opaque projector to enlarge a visual from a book or magazine onto a poster. (An outline map of the U.S., the states, and rivers may not be copyrighted. These are considered public domain. The color and details, however, are copyrighted. Any commercial map may be used to generate merely an outline map.)

A student may not:

 A.be directed to violate copyright in behalf of a teacher;
 B.donate student photo copies (that incorporate copyrighted material) to become part of a school's collection.

Revised 3/97