COPYRIGHT

Glynn County Board of Education policy regarding copyright states that duplication of copyrighted materials by Glynn County School System employees must be done with permission of the copyright holder or within the bounds of "fair use". The copyright law clearly prohibits educators from legally copying and disseminating, at will, any materials they deem appropriate for instructional use. Infringement can result in the awarding of severe penalties for each offense. Punishment may include fine and/or imprisonment. It is the responsibility of the school media specialist to be aware of the copyright law and of the interpretations of this law in the courts. The media specialist serves as the building level contact person regarding copyright questions. Fair Use Under the doctrine of "fair use" certain copying can be done. At present, fair use is not clearly defined in all areas, especially the non-print categories. The following parameters are accepted as standard operating procedures relative to copyright. Legal copying must fall under the criteria for "fair use". Fair use takes into consideration:
1. purpose and nature of the use including whether such use is of commercial

nature or is for nonprofit educational purposes; 2. nature of the copyrighted work; 3. amount as related to the work as a whole; 4. effect on potential market for, or value of, the copyrighted work. Caution must be exercised in the interpretation of "fair use". All four of the criteria listed above must be met. Additionally, it cannot be assumed that copying (print and non-print) done for educational purposes automatically falls within the doctrine of "fair use". The four general criteria for "fair use" are more clearly defined in the interpretation of BREVITY, SPONTANEITY, and CUMULATIVE EFFECT. PRINT GUIDELINES BREVITY
1. 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.

2. 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 1,000 words or ten

percent (10%) of the work, whichever is less, but in any event a minimum of 500 words. (Each of the numerical limits stated in item 1 and 2 above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.) 3. Illustration: One chart, graph, diagram, drawing, book or per periodical issue. cartoon, or picture per

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 fall short of 2,500 words in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than ten percent of the words found in the text thereof may be reproduced. SPONTANEITY
1. The copying is in the instance and inspiration of the individual teachers,

and 2. 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. CUMULATIVE EFFECT
1. The copying of the material is only for one course in the school in which

the copies are made. 2. Not more than one short poem, article, story, essay or two short excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. 3. There shall not be more than nine instances of such multiple copying for one course during one class term. (The limitations stated in items 2 and 3 above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

GUIDELINES FOR THE CLASSROOM TEACHER Single copies may be made of the following:

A chapter from a book An article from a periodical or newspaper A short story, essay, or poem A chart, graph, diagram, cartoon, or picture A short excerpt (up to 10%) or a unit of music such as a song or movement

Multiple copiesAllow no more than one copy per pupil for classroom use of the following:

A complete poem of less than 250 words An excerpt of less than 250 words from a longer poem A story, essay, or article of less than 2,500 words One illustration (chart, graph, picture, etc.) from a book or periodical up to 10% of a unit of music for academic purposes other than performance

Teachers MAY NOT:

Copy protected materials without inclusion of a notice of copyright Copy from "consumable" works such as standardized tests, answer sheets or class workbooks Copy in order to create anthologies or to substitute for them Copy on direction from a higher authority Copy to substitute for the purchase of books, periodicals, or music Copy the same item from term to termwithout gaining permission Make multiple copies more than nine times in one term Copy more than one short work or two excerpts from one authors work in a term Make copies of music or lyrics for performance of any kind in the classroom NON-PRINT GUIDELINES

Since clear guidelines have not been established in the non-print area, it is imperative that educators keep their practices within the scope of "fair use" criteria when copying with audiovisual equipment. "Fair use" does not imply unlimited use and in no case should the duplication result in a production that would deprive a producer of a potential sale. "Fair use" appears to man "a small part of something that is not important to the whole and that is used and

then erased." Consequently, it is illegal to copy any significant portion of any commercial television program, audio tape, videotape, record, or filmstrip. Charging admission to a media production that has been illegally copied can result in the maximum penalty under the new lawa fine plus one-year in prison. When copying is done, it must be done with a rationale that can be defended. A reasonable rationale, even if it is legally invalid, may protect the individual from the maximum penalty. The importance of having a sound rationale when copying nonprint media cannot be overemphasized. A provision of the law (Section 504) states that statutory damages may be waived "where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under Section 107, if the infringer was an employee of a library or a non-profit organization." Off-Air Recording The off-air recording of programs by non-profit educational institutions was not addressed in the revision of the copyright laws in 1978. A subcommittee comprised of educators and producers, and chaired by Senator Robert Kastenmeier developed guidelines for educators. It is important to note that while these guidelines were indeed read into the Congressional Record on October 17, 1981, they have NOT been enacted into law. Moreover, many producers, including Walt Disney Productions, Orion Films, and Warner Brothers, DO NOT recognize the guidelines as license to tape their programs off air. In addition, the general managers of local commercial television stations DO NOT recognize Kastenmeiers guidelines for off-air taping as stated in written correspondence with the Director of Educational Media. For a school media specialist to legally tape a program, including news, from a local commercial television station, permission must be obtained from every copyright holder of the program requested. Computer Software The copyright law, Public Law 96-517, was revised in 1980 concerning computer software. A computer program was defined as a "set of statements or instructions to be used directly in a computer in order to bring about a certain result." Computer programs can be copyrighted and have the same protection as other media under the copyright law. The owner of the computer program has the following rights:
1. The owner may adapt the computer program so that said program runs

correctly on his/her machine configuration. The copies or adapt program

may not be sold, leased, or otherwise transferred without permission of the copyright holder. 2. The owner may make a back-up copy for archival purposes that may not be used if the original program is being used. The special use of computer programs in computer labs or courses must be approved by the copyright holder. It is strongly recommended that the use of computer programs in these situations be approved and stated in writing at the time of purchase. MULTIPLE MACHINE LOADING AND DOWN-LOADING FROM A "MASTER COMPUTER" ARE NOT PERMITTED UNLESS SPECIFIC PERMISSION HAS BEEN GRANTED IN WRITING BY THE COPYRIGHT HOLDER. QUESTIONS COMMONLY ASKED THAT RELATE TO THE DOCTRINE OF "FAIR USE"? 1. A teacher wants to introduce a new workbook to the class by making an overhead transparency of one page to demonstrate how the students will work in their own books. Can this be done within the guidelines of "fair use"? Yes.
2. We own one copy of the educational film "Call of the Wild" on VHS. May we

transfer this to DVD for use in the library media center or the classroom? NO. It is illegal to convert video from one format to another.
3. Students in a high school photography class want to tape a song from a

currently popular record as background music for a slide program produced as a class project. One of the students owns the records. The finished program will probably be shown at a school assembly and may be shown to some parents groups. Copies will not be sold and there will not be an admission charge to see the program. Is this acceptable? Yes, if the tape is used only for this project. It would be illegal to sell tapes or to charge admission for the program. 4. A high school student wants to use an opaque projector to enlarge a map from his geography book to help draw a poster showing the location of Indian reservations. Is this within the realm of "fair use?" Yes.

5. May a library media specialist make an audiocassette of Beethovens "Fifth

Symphony" for use by a student instead of allowing the student to check out the media centers record of this work, which may be damaged if allowed to circulate? NO. Making a copy of the entire work without permission would be unlawful, unless the media center acquired reproduction rights at the time of purchase. Excerpting small portions of the work on tape for student use would constitute "fair use."
6. One copy of a workbook is purchased. Various pages are reproduced for a class

of 30. Is this permissible? NO. Unless the workbook says "MAY BE COPIED," the material is copyrighted and may not be reproduced for 30 students.
7. May I make a transparency of a map taken from a recent issue of Time for one

of our social studies teachers? Yes, a single transparency may be made under the single copy provision of the guidelines.
8. May I tape off-the air tonight the "Bill Cosby Show" with playback tomorrow

for a speech and drama class? NO. It is illegal to copy any significant part of a commercial television program without permission of the copyright holder(s) even if it is used only one time and erased. 9. May I videotape from PBS television, use in the classroom, and then erase within seven days? Generally, unlimited taping rights are granted from 8:00 a.m. to 3:00 p.m. After 3:00 p.m. it is unlawful to tape programs from PBS.
10. I want to videotape a three-minute segment of the movie "Inherit the Wind" for

playback with a history class. Is this within the bounds of "fair use"? Yes, because the copying of a non-integral short segment of a television program does not cost the producer any potential revenue. This seems to fall under the protection of "fair use." However, "fair use" is vaguely described and seems to be a small part of something that is important to the whole and that is

used and then erased. It is important to remember that any off-the-air dubbing should be undertaken with extreme caution. When dubbed, erase after use. Do not build a collection of these materials under any circumstances.
11. We purchased the sound tract for a musical that we are using as a part of our

choral program for tonights performance. This morning the tape was damaged beyond repair. We do not have time to secure a copy from the distributor. May we borrow the tape from another high school and copy it in this emergency? Yes. This falls under "fair use" if only one copy is made, and it is erased immediately after use.
12. The band director frequently sends students to the media center to have me

make copies of parts that have been lost from band scores. For example, he will send a third horn part and ask for three copies. Is this a violation of "fair use?" Yes, it is a violation. It is against the law to make copies of music or lyrics for performance of any kind in the classroom or outside it. The only exception would be an emergency situation.
13. I have a videotape of a movie that I dubbed from my television at home. May I

charge admission after school to raise money for the media center? NO. This could result in a $50,000 fine plus court costs, plus one year in prison.
14. An elementary school teacher checks out a primary level picture book and

makes copies of the entire 24-page book for each of her students to use as a "coloring" book. Is this permissible? NO. Even if "special works" are less than 2,500 words, they may not be reproduced in their entirety.
15. May a teacher rent a videotape for use in the classroom?

The establishment renting the tape is generally renting for HOME USE ONLY. It is suggested that the teacher get written permission to use this tape in a classroom situation from the manager of the renting establishment. This does not necessarily take away the risk of copyright infringement because the manager may not have the right to grant performance rights. If the teacher does rent a videotape, and has written permission from the manager, then the tape must only be used in face-to-face instruction and not for entertainment or

reward. It is suggested that teachers use materials from the school media center which have been purchased for instructional use in order to be completely free from the risk of infringement.
16. May a purchased videotape be used in the classroom?

An educational institution may use a purchased videotape in face-to-face instruction. An individual purchasing a videotape from a retail distributor is generally purchasing a tape for HOME USE ONLY. It is recommended that the media specialist purchase tapes for teachers from educational catalogs. The listing of materials in these catalogs indicates that the copyright holders are granting performance rights when purchased by the institution. Purchased or rented a video may not be used for entertainment, fundraisers, time fillers, motivation, or rewards.
17. Are educators violating copyright when an electronic distribution system is

used to show a video, which has been produced for educational purposes and purchased from a company, which distributes educational materials? No, if the video is not being reproduced on other videos, but simply broadcast on several monitors in several classrooms simultaneously, all within the confines of the school.
18. If a media specialist has given information regarding copyright to teachers, and

a teacher violates the law, is the media specialist liable? No, if the media specialist has done what is required by informing the staff regarding copyright. It is then the teachers responsibility to obey the law. USEFUL COPYRIGHT WEBSITES www.loc.gov/copyright Copyright Office www.copyright.com Copyright Clearance Center On-line www.benedict.com Copyright Website http://www.stfrancis.edu/cid/copyrightbay/ Copyright Bay

www.cetus.org/fairindex.html Fair Use of Copyright Works www.utsystem.edu/OGC/IntellectualProperty Multimedia Fair Use Guidelines