Procedure
6160.1(a)
Instruction
Copyright
I.
STATEMENT OF PURPOSE
The
following procedures and guidelines have been compiled to assist staff in
identifying when copyrighted materials may be used for instructional purposes
without obtaining specific permission under the "fair use" doctrine of
the law and when permission must be obtained before copyrighted materials may be
used. Edina staff are to review their existing teaching resources to assure that
they are being used in a manner consistent with these guidelines. In addition,
educators should review their material files and remove materials for which
specific permission must be, but has not been, obtained and which are not
subject to the Fair Use Doctrine. A form to obtain copyright permission and
instructions to complete this form are included on the last two pages of these
guidelines. Staff or students requiring copyright permission or with copyright
questions, should see the media specialist for the appropriate
procedures/processes.
The courts
have used the following four criteria as factors to consider when determining if
copyrighted material may be used without obtaining specific permission under the
"fair use" doctrine of the law.
A.
The purpose and character of the use, including whether the use is of a
commercial nature or is for nonprofit educational purposes;
B.
The nature of the Copyrighted Work:
C.
The amount and substantiality (extent) of the portion used in relation to
the copyrighted work as a whole;
D.
The effect of the use upon the potential market for or value of the
copyrighted work.
II.
ILLUSTRATIVE GUIDELINES
The
following guidelines are provided as specific examples of when the Fair Use
Doctrine may permit the non-regulated use of copyrighted materials for
instructional purposes. Under these guidelines, the term "permissible
use" connotes those instances when materials may be used for instructional
purposes without permission under the "fair use" doctrine. The term
"prohibitions" describes the type of use of materials for which
permission must be obtained.
Procedure
6160.1(b)
Instruction
Copyright
(continued)
A.
Guidelines For Audiovisual Works
Permissible Uses:
1.
Creating a series of slides or overhead transparencies from multiple
sources, such as magazines, books, encyclopedias, etc., as long as one doesn't
exceed one photograph, drawing, chart or diagram per source.
2.
Creating a single overhead transparency from a single page of a
consumable workbook, not exceeding the one page from the entire book.
3.
Salvaging useful frames from a damaged filmstrip in order to create a
slide set, as long as the slides are maintained in the same chronological order
as the original filmstrip, minus the damaged frames.
4.
Using an opaque projector to enlarge a map of an area for tracing in a
larger scale, as long as the map is not reproduced with those parts that make it
copyrightable i.e., color scheme, shading, how cities, buildings are symbolized,
etc.
5.
Duplicating visual or audio materials from a nondramatic literary work in
order to provide materials for the deaf or the blind. In addition, these and
other copyrighted materials may be legally transmitted to blind or deaf
individuals via cable or closed circuit systems.
Prohibitions:
1.
No duplication of audiocassette tapes for archival, backup, or for
multiple uses unless reproduction rights were given at the time of purchase.
2.
No reproduction of musical work (i.e., records, tapes, CDs) or converted
from one form to another, such as a record to a tape unless such rights have
been acquired from the copyright holders.
3.
No reproduction of "ditto masters" produced commercially as
individual items, in sets, or as part of a multimedia kit if they are available
for sale separately. (Once the master is used up in the ditto process, it may
not be photocopied or reproduced in any other manner unless permission is
obtained)
Procedure
6160.1(c)
Instruction
Copyright
(continued)
4.
No conversion of one media format into another, i.e., 16mm film to
videotape, with the exception that copies of old motion picture films, subject
to deterioration, (mainly pre-1942) may be made for archival preservation.
6.
No narrating entire stories onto audio tape. Teachers cannot read stories
from library books onto cassette tapes so that tapes could then be taken home by
students and would support the reading program in the school. Copyright
basically protects the format in which an author expresses an idea.
NOTE: It should also be noted there is one
exemption in the law that would permit the recording of stories read onto
cassettes. That would be in the instance where the materials were being provided
to students who have been identified as legally blind/.
B.
Guidelines For CD-ROM, Laser Disk And DVD Sources
1.
In general, you may copy information from CD-ROM periodicals,
encyclopedias, and other printed works applying the photocopying guidelines.
2.
Laser discs and DVD technologies have many of the characteristics of
videocassettes, and are considered audiovisual mediums protected under
copyright. See Fair Use Guidelines for Educational Multimedia.
C.
Guidelines For Computer Courseware
Permissible uses of courseware must meet the following criteria:
1.
Courseware is in the public domain.
2.
It is covered by a licensing agreement with the courseware author(s)
vendor or developer.
3.
It is a backup made as an essential step in the utilization of the
program in conjunction with a machine and meets the requirements of the license
agreement and fair use policy.
Procedure
6160.1(d)
Instruction
Copyright
(continued)
4.
It is a copy made for archival purposes only and it is to be destroyed in
the event that possession of the original should cease to be legal.
5.
It has been donated to the school district and to our knowledge, is a
bona fide contribution of a legal program.
6.
It has been purchased by the school district.
7.
It has been purchased by the users.
8.
It is a legal program being reviewed or demonstrated by the users in
order to reach a decision about possible future purchase or request for
contribution or licensing.
9.
It has been written or developed by a district employee, student, parent,
business partner or contractor for specific purpose of being used on school
district computers.
10.
It has been written or developed by a district employee, student, parent,
business partner, or contractor who has consented to its use in the school
district.
D.
Guidelines for Use of Local or Remote Databases
1.
The regulations pertaining to the access and downloading of information
obtained from remote databases will usually be defined in the contract with the
vendor of the specific database. (i.e., UMI, Americana, Groliers On line) Staff
and students having access to these databases must be informed of the conditions
for researching.
2.
District, school or individual databases developed from copyrighted
sources, whether they be in computer, microfiche, video, CD-ROM, or other media
formats, should secure permission from the creator for the right to copy into a
database and secondly to distribute such a database through multiple copies or
multi-terminal viewing.
3.
Capturing screen images and reproducing charts/diagrams from a computer
program are subject to same guidelines as for photocopying.
Procedure
6160.1(e)
Instruction
Copyright
(continued)
E.
Guidelines for Internet and Distance Learning Resources
1.
Unless otherwise state, one should assume that all materials on the
Internet, including web sites, are copyrighted and that existing copyright
guidelines apply. When in doubt, copyright permission should be obtained from
copyright holder. Educators and students must follow fair use precedents and
guidelines set in current law for photocopying multimedia productions as set
forth in these procedures. Net resources must have proper citations.
2.
The transmission of audiovisual and computer software materials used for
distance learning to several schools requires licensing.
F.
Guidelines for Educational Use of Music
The purpose
of the following guidelines is to state the minimum and not the maximum
standards of educational use under Section 107 of H.R. 2223. It is understood
that conditions determining the extent of permissible copying for education uses
may change. Also, there may be instances in which copying does not fall into the
criteria of "fair use."
Permissible Uses:
1.
Emergency copying to replace purchased copies which are not available for
an imminent performance provided purchased replacement copies shall be
substituted in due course.
2.
For academic purposes other than performance, single or multiple copies
of excerpts of works may be made, provided that excerpts do not comprise a part
of the whole which would constitute a performable unit such as a section,
movement or aria, and in no case more than ten percent of the whole work. The
number of copies shall not exceed one per pupil.
For academic
purposes other than performances, a single copy of an entire performable unit
(section, movement, aria, etc.) that is confirmed by the copyright proprietor to
be out of print or unavailable except in a larger work may be made by scholarly
research or in preparation to teach a class.
Procedure
6160.1(f)
Instruction
Copyright
(continued)
3.
Printed copies which have been purchased may be edited or simplified
provided that fundamental character of the work is not distorted or lyrics
either added or altered.
4.
A single copy of recordings of performances by students may be made for
evaluation or rehearsal purposes of constructing aural exercises or examinations
and may be retained by the institution or individual teacher.
5.
A single copy of a sound recording of copyrighted music may be made from
sound recordings owned by the school district or individual teacher for the
purpose of constructing aural exercise or examinations and may be retained by
the school district or individual teacher.
Prohibitions:
1.
Copying to create, replace or substitute anthologies, compilations or
collective works
2.
Copying of or from works intended to be consumable
3.
Copying for the purpose of performance except as in the permissible use
section above
4.
Copying for the purpose of substitution for the purchase of music except
as in 1 and 2 of the permissible use section above
5.
Copying without inclusion of the copyright notice which appears on the
printed copy.
G.
Guidelines for Using Material in Multimedia Productions
1.
User Limitations
a.
Students may create, perform and display multimedia productions, for
educational uses, only in the course for which it was created and may retain for
portfolio use.
b.
Educators may create, perform, and display multimedia productions for
educational uses, for the purposes of face-to-face instruction, assigning
students to self-study, for remote instruction to students, at peer conferences
and may retain for their professional portfolio.
Procedure 6160.1(g)
Instruction
Copyright
(continued)
2.
Time Limitations
a.
Students may only use their productions for and during the course for
which it was prepared. However, they may retain, indefinitely, for their
personal portfolio.
b.
Educators may use their productions up to two years after the first
instructional use with a class. It may be retained indefinitely for portfolio
use
3.
Portion Limitations- Motion Media
a.
May take up to 10% or 3 minutes, whichever is less, in the aggregate, of
a copyrighted motion media work
4.
Portion Limitations - Text Material
a.
May take up to 10% or 1,000 words, whichever is less, in the aggregate,
from a copyrighted work consisting of text material
b.
May use an entire poem of 250 words or less; no more than three poems
from one poet or five poems from different poets from an anthology
c.
Poems longer than 250 words, may use 250 words, but no more than 3
excepts by a poet, or 5 excerpts from different poets from a single anthology
5.
Portion Limitations - Music, Lyrics, Music Video
a.
May use up to 10% or a maximum of 30 seconds of the music and lyrics from
an individual musical work (or in the aggregate of extracts from an individual
work)
b.
Any alterations to a musical work shall not change the basic melody or
the fundamental character of the work.
6.
Portion Limitations - Illustrations and Photographs
a.
When using photographs or illustrations from a published collective work,
not more than 10% or 15 images, whichever is less, may be used.
Procedure
6160.1(h)
Instruction
Copyright
(continued)
b.
No more than 5 images by an artist or photographer may be used.
7.
Portion Limitations - Numerical Data Sets
a.
May take up to 10% or 2,500 fields, whichever is less, from a copyrighted
database or data table
8.
Copy Limits:
a.
Educators may make two use copies of the work they produced, only one of
which may be placed on reserve.
b.
One additional, preservation copy may be made which may be used to
generate replacement copies in the event a use copy is lost, stolen or damaged.
NOTE:
Staff and students are advised to exercise caution in using digital
material downloaded from the Internet in producing their own multimedia projects
because there is a mix of works protected by copyright and works in the public
domain on the network. Staff and students are reminded to credit the sources and
display the copyright notice Ó
and copyright ownership information, if this is shown in the original source.
Crediting the source must adequately identify the source of the work, giving
full bibliographic descriptions where available (including author, title,
publisher, and place and date of publication). Copyright ownership information
includes copyright notice Ó, year of
first publication and name of copyright holder.
H.
Guidelines for Print Material
The
following guidelines state the minimum standards of educational fair use under
Section 107 of H.R. 2223.
Permissible Uses:
1.
A 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:
Procedure
6160.1(i)
Instruction
Copyright
(continued)
a.
A chapter from a book
b.
An article from a periodical or spaper
c.
A short story, short essay or short poem, whether or not from a
collective work
d.
A chart, graph, diagram, drawing, cartoon, or picture from a book,
periodical or spaper
2.
Multiple copies for classroom. You may not exceed more than one copy per
pupil in a course for discussion providing that:
a.
The copying meets the tests of brevity and spontaneity as defined below
b.
It meets the cumulative effect test as defined below
c.
Each copy includes a notice of copyright Definition of Brevity
(i)
Poetry: (a) a complete poem if less than 250 words and if printed on not
more than two pages or (b) from a longer poem, an excerpt of not more than 250
words or to the end of a line.
(ii)
Prose: (a) either a complete article, story or essay of less than 2,500
words or (b) an excerpt from any prose work of not more than 2,500 words or 10
percent of the work or to the end of a paragraph.
(iii)
Illustration: one chart, graph, diagram, drawing, cartoon or picture per
book or per periodical issue.
(iv)
Special Works: certain works in poetry or prose which often combine
language with illustrations and fall short of 2,500 words may not be reproduced
in the entirety. An excerpt of not more than two of the published pages and
containing pages and containing not more than 10 percent of the words in the
entire text may be reproduced.
Procedure
6160.1(j)
Instruction
Copyright
(continued)
Definition of Spontaneity
(i)
The copying is at the instance and inspiration of the teacher
(ii)
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 is unreasonable
to expect a timely reply to a request for permission.
Definition of Cumulative Effect
(i)
The copying of the material is for one course in the school in which
copies are made
(ii)
Not more than one short poem, article story, essay or two excerpts may be
copied from one author, nor more than three from the same collective work or
periodical volume during one class term. (This does not apply to current spapers
and s periodicals.)
Prohibitions:
1.
Copying shall not be used to create or replace or substitute for
anthologies, compilations or collective works whether copiers 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 teaching. These works include workbooks, exercised,
standardized tests, test booklets and answer sheets, etc.
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
Procedure
6160.1(k)
Instruction
Copyright
(continued)
4.
No charge shall be made to the student beyond the actual cost of copying.
NOTE:
A facsimile or FAX machine is a copy machine and is subject to the same
copyright considerations as any other copier. The same rules of classroom,
library photocopying and interlibrary loan applies.
I.
Guidelines for Public Performance
Section 106
(4) of the copyright law provides that in the cast of literacy, musical,
dramatic, and choreographic works, pantomimes, motion pictures, and audio visual
works, the copyright owner has the exclusive right to perform the work publicly.
Section 110(1) of the copyright law provides for special performance privileges
(exemption) for educators.
1.
The performance is allowed only for face-to-face teaching activities
directly related to instruction. This was intended to exclude outside
transmissions (i.e., radio and television, whether open broadcast or closed
circuit.)
2.
However, "as long as the instructor and pupils are in the same
building or general area, the exemption would extend to the use of devices for
amplifying sounds and for projecting images. Thus "face-to-face" does
not require that the teacher and students be able to see each other although it
does require their simultaneous presence in the same general place.
3.
The exemption only applies to nonprofit educational institutions.
4.
Performances of the defined works must only be by the instructor or
pupils. However, the House Report included guest lecturers if their
instructional activities were confined to the classroom activities.
5.
Exemption only applies to performances related to teaching activities
which involve systematic instruction. Performances for recreation or
intellectual appeal and not related to specific teaching activities are not
eligible for the exemption.
Procedure
6160.1(l)
Instruction
Copyright
(continued)
6.
The performance must take place in a classroom or similar place devoted
to instruction. Such other places would include studios, workshops, training
fields, a library, the stage of an auditorium, a training field, or gym if they
are being used for systematic, instructional activity.
7.
The exemption would not apply to "performances in an auditorium or
stadium during a school assembly, graduation ceremony, class play, or sporting
event, where the audience is not confined to the members of a particular
class." Therefore, to avoid misinterpretation, Section 110(1) of the
Copyright Act is an exemption for classroom, not school performances.
All of the
preceding limitations related to this exemption apply when the institution has
desired to perform an appropriate work in the classroom. However, the right of
performance via closed-circuit television or to perform in an auditorium may be
negotiated at the time of purchase of the particular program or the performance
right may be licensed by negotiating such an agreement. The law doesn't prevent
the copyright holder from giving his/her rights to the institution, if the
copyright owner agrees to such a performance. Therefore, one may always write
for permission even if a specific performance exemption doesn't exist.
NOTE:
The exemption for nonprofit performance would apply solely to
performances of nondramatic literacy and music works at a school assembly.
J.
Guidelines for Videotaping for Classroom Use and Use of Videos on
Closed-Circuit Television Systems
1.
Off-air Videotaping for Classroom Use
a.
Privilege only for nonprofit educational institutions
b.
Programs taped must be used directly for instruction and not for
entertainment
c.
Programs may only be taped from open-air broadcast stations for which no
payment is made to receive programs
Procedure
6160.1(m)
Instruction
Copyright
(continued)
d.
Program taped may be kept 45 calendar days after taping, then must be
erased
e.
During 45 day period, may only be used with students during the first 10
consecutive school days
f.
Recordings may only be made at the request of teachers
g.
No broadcast program may be recorded off-air more than once for the same
teacher, no matter how many times broadcast
h.
Limited number of copies may be made to service all teachers requesting
use, but all governed by same 10 day use, 45 day erasure period
i.
Program must be recorded in its entirety and may not be altered (edited)
2.
Taping from Satellite or Cable for Classroom Use
a.
Requires permission of the copyright holder
b.
Payment of appropriate fees for satellite broadcasts
c.
Permissible when copyright holder offers rights without requesting
(example: Cable in the Classroom programming; C-Span; special satellite
broadcasts)
d.
May tape programs from cable that may also be received on local, open air
broadcast stations (same channel you can receive with "rabbit ears" is
carried on Cable)
3.
Utilizing Videotapes with the Home Use Only Warning Label
a.
Purchased videos may be used for direct instruction only and may not be
used for entertainment
Procedure
6160.1(n)
Instruction
Copyright
(continued)
b.
Rental videos may be used for direct instruction only and may not be used
for entertainment. However, if a school or individual signs a membership form or
rental agreement limiting the use of the videos to "Home Use Only",
this constitutes a contract and the video would not be able to be used in the
classroom
c.
Libraries may acquire and loan videos
d.
Libraries wishing to make videos available for public viewing in the
library would need to obtain public performance rights
4.
Using Videos on Closed-Circuit Systems
It would be
permissible to show the following types of video programs on a CCTV system
within a single institution. All programs may only be used for direct
instruction, not entertainment.
NOTE:
Only those cable programs in your area may be taped. Also available from
open air broadcast, pay services such as out of town stations, HBO, Cinemax, do
not fall under these guidelines.
a.
Videos purchased by the educational institution with closed-circuit
rights
b.
Videos for which the copyright holder has granted closed-circuit use
rights (example: Cable in the Classroom programming)
c.
Videos produced by the institution and not containing copyrighted
material (unless permission has been obtained)
d.
Simultaneous transmission of live broadcasts
e.
In general, most instructional programs purchased from instructional
production companies. However, some may charge for closed-circuit rights or may
permit CCTV use you must read literature carefully.
f.
In general, most programs provided by state departments of education,
higher education governing boards or state library systems. You will need to
check and verify with appropriate agency.
Procedure
6160.1(o)
Instruction
Copyright
(continued)
III.
INSTRUCTION FOR REQUEST FOR PERMISSION TO COPY
The Specific data you need to provide when requesting permission to copy
include the following:
•
The exact item to be copied: i.e., what slide from what series, what
sequence from a video.
•
The number of copies to be made and in what medium: i.e., slide, tape,
video, transparency
•
The use that will be made of the copy: i.e., part of a learning packet or
resource unit
•
Whether the material to be copied will be involved in for profit or
not-for-profit venture.
•
The distribution of the copies: i.e., in school, district, state, city,
to all PTOs in the area, etc.
The form on
the following page allows you to tell the producer everything he or she needs to
know in order to grant permission to copy. Photocopy form on district or
building letterhead. Make an extra copy for your files, and if you don't get an
answer within two to four weeks, write again and mark it "Second
Request." FAX or e-mail requests whenever possible.
Procedure
6160.1(p)
Instruction
Copyright
(continued)
(copy on district or building
letterhead)
Request
to Duplicate Copyrighted Material
TO:
Date:____________________________________
Firm:____________________________________
Address:____________________________________
_____________________________________
FROM:
School/District:
_______________________________________________________________________
Address:
_______________________________________________________________________
_______________________________________________________________________
Telephone:
_(_____)____________________ E-mail Address:
______________________________
Person making request:
___________________________________ Title: ________________________
Authorized signature:
__________________________________________________________________
We request permission to copy the following
copyrighted materials:
Author: ___________________________________
Subject: ______________________________
Title: _____________________________________
Medium:______________________________
Rationale:
___________________________________________________________________________
Amount of the material to be copied:
______________________________________________________
Number of copies to be made:
________
Copy medium:________________________________
Anticipated date of use:
________________________________________________________________
Use of copies. (Explain if copies will be involved
in a profit or nonprofit venture.) ____________________
____________________________________________________________________________________
Distribution of copies:
__________________________________________________________
Thank you for your cooperation.
* * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
PRODUCER
REPLY:
Permission:
granted ________
denied __________
Details (include fees, limitations, etc., if
any):________________________________________________
____________________________________________________________________________________
Signature:
___________________________________________________________________________
Title: ________________________________________
Date: ________________________________
Procedure
6160.1(q)
Instruction
Copyright
(continued)
References:
•
Information Infrastructure Task Force. Intellectual
Property and the National Information Infrastructuring; The Report of the
Working Group on Intellectual Property Rights/. Washington, D.C.: U.S.
Patent and Trademark Office, 1995.
•
Becher, Gary H. ÓCopyright: A Guide to
Information and Resources, 2nd edition/. Lake Mary, FL; Gary
H. Becher, 1997.
•
Reed, Mary Hutchings. The Copyright
Primer for Librarians and Educators/. Chicago, IL: American Library
Association, 1987.
•
Simpson, Carol Mann. Copyright for
Schools: A Practical Guide Second Edition/. Worthington, OH: Linworth
Publishing, Inc., 1994.
•
Sivin, Jay P. and Bialo, Ellen R. Ethical
Use of Information Technologies in Education: Important Issues for America's
Schools/. Washington, D.C.: U.S. Department of Justice, 1992.
•
Talab, R.S. Copyright and Instructional Technologies; A Guide to Fair Use and
Permission Procedures. Washington, D.C.: Association for Educational
Communication and Technology, 1989.
Procedure
INDEPENDENT SCHOOL DISTRICT 273
established:
05/11/98
Edina, Minnesota