Copyright Guidelines

A. Copyright Guidelines

 

It is the policy of the LMC to support and follow existing copyright laws and maintain ethical standards in the use of copyrighted materials for instructional purposes. Administrators of the Board of Education and LMC staff will assist staff members in interpreting these policies.

 

B. Videotape Usage Policy

 

The showing of video programs at school should be for instructional purposes only.

Video programs, even if owned personally, may not be used for entertainment or reward.

 

Copyright and Taping Broadcast Programs (10 day Fair Use)

Recorded programs falling under “Fair Use” guidelines have a number of restrictions

placed on them. The two most critical limitations are:

 

1. Videotaped recordings may be kept for no more that 45 calendar days after the recording date,     

     at which time the tape(s) must be erased.

2. Videotaped recordings may be shown to students only within the first 10 school days of the 

     45-day retention period.

 

  Additional restrictions that must be followed include:

·        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.

·        The taped recordings may be viewed after the 10-day period only by teachers for

      evaluation purposes; that is, to determine whether to include the broadcast program

      in the curriculum for the future.

·        The off-air recordings may not be physically or electronically altered or combined with

      others to form anthologies, although it isn’t necessary be show the entire movie.

·        All copies of off-air recordings must include the copyright notice on the broadcast

      program as recorded.

·        These guidelines apply only to nonprofit educational institutions, which are further

      “expected to establish appropriate control procedures to maintain the integrity of these

      guidelines”.

 

Use of Instructional Materials and Videos

1. All videos must be previewed by the teacher prior to classroom use or for use in any

    school-sponsored activity.

2. Videos may be programs recorded from commercial channels (ex. CBS, NBC, ABC,

    FOX), public television stations, and from cable television stations, and from cable

    television stations participating in Cable in the Classroom programs.

3. Off-air recorded tapes must be labeled with the title of the program, the channel on

    which the recording was made, and the date the program was recorded.

4. Rented videos and videos purchased by the school or teacher must conform to the

    face-to-face teaching exemption for public performances. The provisions for

    exemptions must all be met to satisfy the copyright law.

a. Presentation must be given by teacher or student.

b. Presentation must involve a face-to-face teaching activity.

c. Use must be limited to teaching activities. (A statement of the educational

    objective for the use of the program must be on file and in teacher’s lesson

    plans. Objectives cannot include use for entertainment or reward during

    instructional hours.)

d. Presentation must take place at a non-profit educational institution.

e. Presentation must use a lawful copy.

 

C. Copyright Reminders

 

·        Educational “Fair Use” is not a justification for defying the Law.

·        Any resources used in any type of project must be given proper credit.

·        Consider materials found on the Internet to be copyrighted unless specifically noted as

“copyright free” or “royalty free.”

·        Copyrighted materials on the Internet have the same rights and protection as any other

copyrighted materials.

·        Access to information does not mean freedom to copy and use.

·        Multimedia projects cannot be posted on your web site without prior permission from every

copyright holder whose work was used.

·        Archival copies may not be used unless the original is destroyed.

·        Videos cannot be used for reward, entertainment, or any other use that would constitute a

public performance.

·        Videos are not meant as a means of  “crowd control.”

 

The Copyright Law. . .

·        Applies to all formats, e.g. print and electronic. Educators may use copyrighted resources

·        Under the “Fair Use” guidelines provided the use meets these four criteria:

1.      purpose of the use

2.      nature of the work used

3.      amount of the work used

4.      effect the use will have on the potential market for the work used

 

Just What Can I Do?

·        Show a video of a broadcast television program within ten (10) days of the broadcast

·        Show a movie (even if it is labeled “for home use only” ) if it meets the following criteria:

1. Is part of face-to-face instruction?

2. Is documented in your lesson plans?

3. Supports the goals and objectives of that lesson?

4. Is a true and legal copy?

·        Use parts of legally attained and properly credited copyrighted materials for instructional

       purposes and for student projects, including multimedia presentations.    

·        Retain your project for instructional purposes for up to two (2) years after the first use; after     

      two years must have written permission to use any copyrighted materials.

·        Retain your project indefinitely if needed for presentations to peer (i.e., conferences, in-service workshops), job performance evaluations or interviews.

·        Use materials that are directly connected to your curriculum

·        Make a class set of print copies if the copying meets the criteria of:

            1. Brevity

            2. Spontaneity

            3. Cumulative effect

·        Utilize Cable-in-the-Classroom, ITV, PBS programming.

 

Students may keep their projects as part of their electronic portfolios for school and/or job interviews.

Students may perform/display their projects in the course for which they were created.

 

So I Can’t...

·    Show a dubbed tape of any program.

·        Show a tape of a movie or other program from a premium cable channel (e.g. HBO, Disney,  

      A&E, Turner, The History Channel).

·        Edit a video.

·        Show a movie for reward or entertainment.

·        Create anthologies for my students in place of purchasing these materials.

·        Make multiple copies of computer software programs.

·        Load a single-user copy of a computer software program on multiple computers.

·        Make print copies for every student I teach.

·        Use copies of cartoon, TV, or film characters for classroom/hallway decorations,

      bulletin boards, newsletters, or hand-outs.

·        Use portions of copyrighted materials in multimedia projects beyond the Fair Use limits.

·        Copy entire workbooks, test booklets, etc., in place of purchasing.

·        Make illegal copies at the direction of your supervisor, e.g. principal, other administrators,

      district personnel.

·        Post presentations on the Internet without prior written permission from every copyright holder whose work was used.              

 

How Much Can I Copy?

In any one semester a teacher may use…

·        Motion media: 10% or 3 minutes, whichever is less, of a single work.

·        Print media: 10% or 1000 words, whichever is less, of a single work.

·        Poems (less than 250 words) : the entire poem; no more than three (3) poems by one poet or five (5) poems from one

      anthology.

·        Poems (more than 250 words) : up to 250 words; no more than three (3) excerpts from one poet, no more than five (5)

      excerpts by different poets from a single anthology.

·        Music, lyrics, music videos: up to 10%, no more than thirty (30) seconds of music and lyrics from a single work.

·        Illustrations/photographs: Entire image; no more than five (5) images by single artist/photographer; no more than 10%, or

      fifteen (15) images, whichever is less, from a collection published as a single work.

 

For more information…

·        Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. ISBN 0838906427

·        Bielefield, Arlene and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. ISBN 155570278

·        Simpson, Carol Mann. Copyright for School Libraries: A Practical Guide. ISBN 0938865315

·        http://lcweb.loc.gov/copyright/

·        http://www.libsci.sc.edu/scasl/scasl.htm