EGAD-R_Duplicating Copyrighted Materials

Code: EGAD-R

DUPLICATING COPYRIGHTED MATERIALS

Section 1. Works Protected by Copyright

Copyright protection extends to literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, computer programs, motion pictures and other audiovisual works, including television and sound recordings. Unpublished works by U.S. and foreign authors are protected by the new copyright statute, as are published works by U.S. authors. The published works of foreign authors are subject to copyright under certain conditions, including coverage under national treaties such as the Universal Copyright Convention.

U.S. government works are excluded. The new law does not change the basic premise of prior law that works produced for the U.S. government by its officers and employees are not subject to copyright.

Section 2. Infringement

One who violates the rights of the copyright owner is a copyright infringer. Remedies available to the copyright holder for infringement include damages (actual or statutory, the latter set by statute from $100 to $50,000), injunction, recovery of court costs and attorney's fees.

Section 3. Permission to Duplicate

Any staff member of the School District shall consult with the media person in his/ her building and/or the Supervisor of Curriculum & Instruction responsible for Media Services or principal to verify that duplicating of a particular material is permitted or to obtain permission for the copying of such material.

Section 4. Printed Materials

A. Single Copying for Teachers

Single copy may be made of any of the following by or for a teacher at his/her individual request for his/her scholarly research or use in teaching or preparation to teach a class:

1.              a chapter from a book

2.              an article from a periodical or newspaper

3.              a short story, short essay, or short poem, whether or not from a collective work

4.              a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

B. Multiple Copies for Classroom Use

Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that:

1.     the copying meets the tests of brevity and spontaneity as defined below; and

2.     meets the cumulative effect test as defined below; and

3.     each copy includes a notice of copyright.

Definitions:

1. Brevity

a. Poetry:

                  (1) a complete poem if less than 250 words and if printed on not more than two pages,

(2) or, from a longer poem, an excerpt of not more than 250 words.

b. Prose:

(1) either a complete article, story, or essay of less than 2,500 words, or

(2) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less but, in any event, a minimum of 500 words. [Each of the numerical limits stated in (1) and (2) above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

c. Illustration: one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

d. "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 fall short of 2,500 words in their entirety. Paragraph "b" above notwithstanding, such "special works may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such "special works" and containing not more than 10% of the words found in the text thereof may be reproduced.

2. Spontaneity

a. The copying is at the instance and inspiration of the individual teacher, and b. the inspiration and 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

a. The copying of the material is for only one course in the school in which the copies are made.

b. Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author and not more than three from the same collective work or periodical volume during the class term.

c. No more than nine instances of such multiple copying for one course are permitted during one class term.

C. Prohibitions as to A and B Above

Notwithstanding any of the above, any of the following shall be prohibited:

1. 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.

2. 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, and test booklets and answer sheets and like consumable material.

3. Copying shall not:

a. substitute for the purchase of books, publishers' reprints, or periodicals;

b. be directed by higher authority;

c. be repeated with respect to the same item by the same teacher from term to term.

4. No charge shall be made to the student beyond the actual cost of the photocopying.

Section 5. Televised Programs/Videotapes

A. live television broadcast may be viewed by the teacher and students during scheduled class time, so long as no admission is charged, either directly or indirectly.

B. Taping Television Broadcasts for Later Viewing

1. A broadcast program may be recorded off-air simultaneously with broadcast transmission and retained for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording.

2. 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.

3. 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.

4. The recordings are to be shown to students no more than two times during the 10-day period and the second time only for necessary instructional reinforcement.

5. The tape recordings may be viewed after the 10-day period only by the faculty for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.

6. All copies of off-air records must include the copyright notice on the broadcast program as recorded.

7. The "off-air recordings" may not be physically or electronically altered or combined with others to form anthologies. Also off-air records need not be used or shown in their entirety.

8. If several faculty request the videotaping of the same program, duplication is permitted but all copies are subject to restrictions of the original recording.

9. These guidelines do not apply to programs only available from cable television services such as HBO, the Disney Channel, ESPN, or C-Span.

10. Some public television programming has different rules than commercially broadcast television. For PBS programming the following will apply:

a. only a single copy of the program may be recorded by an educational institution and it may not be duplicated;

b. programs may be recorded with prior request from a faculty member and may be recorded and shown each time a program is broadcast;

c. the program may be retained for 7 consecutive days following the broadcast  but must be erased at the end of the 7-day period;

d. the program may be transmitted on closed circuit systems, closed cable systems, or ITFS systems;

e. the program may be shown as often as needed during the 7-day period; and

f. the educational or public service coordinator at WNIT must be contacted before a PBS program is videotaped for educational use.

C. In-Classroom Use of a Copyrighted Videotape

In-classroom performance of a lawfully-made copyrighted videotape is permissible under the following conditions:

1. The performance must be by instructors (including guest lecturers) or by students;

2. The performance directly supports the adopted curriculum for the course;

3. The performance is in connection with the face-to-face teaching activities;

4. The entire audience is involved in the teaching activity;

5. The entire audience is in the same room or same general area;

6. The teaching activities are conducted by a nonprofit education institute;

7. The performance takes places in a classroom or similar place devoted to instruction, such as a school library, gym, auditorium or workshop; and

8. The videotape is lawfully made or the person responsible has no reason to believe that the videotape was unlawfully made.

Section 6. Music

A. Permissible Uses

1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.

2.

a. For academic purposes other than performance, multiple copies of excerpts or works may be made, provided that the excerpts do 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 10% of the whole work. The number of copies shall not exceed one copy per pupil.

b. For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) may be made by or for a teacher solely for the purpose of his/her scholarly research or in preparation to teach a class as long as the work is:

(1) confirmed by the copyright propriety to be out of print or

(2) unavailable except in a larger work.

3. Printed copies which 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.

4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the School District or individual teachers.

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

B. Prohibitions

1. Copying to create, replace or substitute for anthologies, compilations or collective works is prohibited.

2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets, and like material is prohibited.

3. Copying for the purpose of performance, except as in A.1 above is prohibited.

4. Copying for the purpose of substituting for the purchase of music, except as in A.l and A.2 is  prohibited.

5. Copying without inclusion of copyright notice which appears in the printed copy is prohibited.

Adopted: October 19, 2011