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EASTON AREA
SCHOOL DISTRICT
No. 814
SECTION:
OPERATIONS
TITLE:
COPYRIGHT MATERIAL
ADOPTED:
December 21, 2006
REVISED:
814. COPYRIGHT MATERIAL
1.
Authority
17 U.S.C.
Sec. 101 et seq
The Board emphasizes that the United States Code makes it illegal for anyone to
duplicate copyrighted materials without permission. The Board attests that severe
penalties are provided for unauthorized copying of audio, visual, software or printed
materials unless the copying falls within the bounds of the fair use doctrine.
2.
Definition
Under the fair use doctrine, unauthorized reproduction of copyrighted materials is
permissible for such purposes as criticism, comment, news reporting, teaching,
scholarship or research. If duplicating or changing a product falls within the bounds
of fair use, four (4) standards must be met:
1.
THE PURPOSE AND CHARACTER OF THE USE. The use must be for such
purposes as teaching or scholarship and must be nonprofit.
2.
THE NATURE OF THE COPYRIGHTED WORK. Staff may make single
copies of: book chapters for use in research, instruction or preparation for
teaching; articles from periodicals or newspapers; short stories, essays or poems;
and charts, graphs, diagrams, drawings, cartoons or pictures from books,
periodicals or newspapers.
3.
THE AMOUNT AND SUBSTANTIALITY OF THE PORTION USED.
Copying the whole of a work cannot be considered fair use; copying a small
portion may be if stated guidelines are followed.
4.
THE EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR OR
VALUE OF THE COPYRIGHTED WORK. If resulting economic loss to the
copyright holder can be shown, making even a single copy of certain materials
may be an infringement; and making multiple copies presents the danger of
greater penalties.
3.
Delegation of
Responsibility
Staff may make copies of copyrighted school district materials that fall within stated
guidelines. Where there is reason to believe the material to be copied does not fall
within guidelines, prior permission shall be obtained from the principal.
814. COPYRIGHT MATERIAL - Pg. 2
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4.
Guidelines
Permitted Copies
Multiple copies, not exceeding more than one per student, may be made for
classroom use or discussion if the copying meets the tests of brevity, spontaneity and
cumulative effect. Each copy must include a notice of copyright.
A library or archive may reproduce one copy or recording of a copyrighted work and
distribute it if:
1.
Reproduction or distribution is made without any purpose of direct or indirect
commercial advantage.
2.
Collection of the library or archives is open to the public or is available not only
to researchers affiliated with the library or archives or with the institution of
which it is a part, but also to other persons doing research in a specialized field.
3.
Reproduction or distribution of a work includes a notice of copyright.
Copies of materials for face-to-face teaching activities involving performances or
displays made by students or instructors, religious services, live performances
without commercial advantage, and the use of instructional broadcasts are permitted.
Prohibited Copies
The law prohibits using copies to replace or substitute for anthologies, consumable
works or compilations or collective works. Consumable works include: workbooks,
exercises, standardized tests, test booklets and answer sheets. Teachers cannot
substitute copies for the purchase of books, publishers' reprints or periodicals; nor
can they repeatedly copy the same item from term to term. Copying cannot be
directed by a "higher authority"; and students cannot be charged more than actual
cost of photocopying.
Schools must be licensed to play copyrighted music where the performer is paid or
admission is charged, even if the admission is used to cover refreshment costs.
Copyright Infringement
It is the intent of the district to adhere to the provisions of the copyright law in all
areas of written, audio and visual materials and software.
814. COPYRIGHT MATERIAL - Pg. 3
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In an effort to discourage violations of the copyright law and to prevent such illegal
activities, the following will be observed:
1.
All employees of the district must face the legal and ethical issues involved in
copyright law and publisher agreements. All staff must take responsibility for
adhering to these laws and agreements. Neither previous practice nor budget
constraints can excuse willful interference of these laws.
2.
District employees shall be personally liable for willful infringement of such
laws.
3.
Questions concerning the interpretation of the copyright law should follow the
normal chain of command to the appropriate administrator. In cases of
interpretation of the law, the district solicitor shall serve as the copyright officer.
4.
The district will post appropriate notices on or near all equipment capable of
making copies. Copies of this policy will be distributed to all employees.
5.
A file shall be maintained in each building main office regarding the permission
requests to reproduce copyrighted materials. Also included will be the responses
to permission requests. In addition, a separate file shall be established and
maintained for building/site license agreements.
6.
Guidelines detailing copying practices and fair use shall be disseminated to staff
and students.
Off-air Recordings
Broadcast programs may be recorded off-air simultaneously with broadcast
transmission and retained by the district for a period not to exceed forty-five (45)
consecutive calendar days after the date of recording. After this period of time, all
recordings must be erased or destroyed immediately.
Program recordings may be used once by individual teachers in the course of
relevant teaching activities, and repeated once only when instructional reinforcement
is necessary, during the first ten (10) consecutive school days in the forty-five (45)
day calendar day retention period.
After the first ten (10) consecutive school days, off-air recordings may be used up to
the end of the forty-five (45) calendar day retention period only for evaluation
purposes by the teacher.
814. COPYRIGHT MATERIAL - Pg. 4
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Off-air recordings may be made only at the request of and use by individual teachers
and may not be regularly recorded in anticipation of requests. 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.
Off-air recordings need not be used in their entirety; but they may not be altered
from their original content and may not be physically or electronically combined or
merged to constitute teaching anthologies or compilations. Such recording must
include the copyright notice on the broadcast program as recorded.
Videotapes/Optical Discs/Distance Learning/Audio-Visual Delivery Devices
A library, archive, or media center may reproduce one copy of a recording of a
copyrighted work and distribute it in accordance with provisions of law.
Recorded copies of copyrighted programs owned by a staff member or another
person or a copy of a rental program are considered illegally made and may not be
used for instruction purposes unless its use meets the fair-use test.
Rental videocassettes, laser discs and other optical media with the "home use only"
warning label may not be used in a classroom, school assembly, or club unless
specifically covered in the rental agreement.
Multimedia use of copyrighted material falls under the guidelines of the medium
being used (e.g. computer, video, audio).
Distance learning is subject to copyright guidelines if copyrighted material is copied
or recorded during a transmitted lesson.
Closed-circuit distribution of a copyrighted work to classrooms in a school or
campus is legal, as long as the transmission is used for instructional activity and not
entertainment.
Off-air taping of broadcast programs is permitted to educational institutions for
programs broadcast to the general public. Pay cable TV services and satellite
broadcasts available at an extra charge are not allowed without permission from the
copyright owner.
Computer Software
Copies of software including those downloaded via modem, other than "public
domain" software, cannot be made without the permission of the vendor or copyright
owner.
814. COPYRIGHT MATERIAL - Pg. 5
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Illegal copies of copyrighted programs may not be made or used on school
equipment.
A computer program may be legally copied only for the following reasons:
1.
It is created as an essential step in the use of the computer program, such as
automatic copying into memory when a program is loaded.
2.
It is created as a backup or archival copy only. All backup and archival copies
must be destroyed in the event the original program is erased or removed from
inventory.
Backup or archival copies may not be used simultaneously with the original
program.
Copying a copyrighted program from a computer hard drive to a floppy disc, for use
as an additional copy, is illegal.
Networking computer software is illegal if the legal multiple user or site licenses
have not been acquired from the vendor or copyright owner. Networking is the use
of a single program in a single computer that is connected to other computers,
permitting the program to be used simultaneously in more than one computer.
Reproduction of original computer software manuals is illegal, and copying must
abide by the fair use guidelines.
The district will provide expenditures for software as a budgetary item. Priority will
be given to software that supports and/or is critical to curriculum or operating needs.
All other software will be purchased if reasonable need is established and/or
financial resources allow such purchase.
Renting or leasing original copies of software by individuals without the express
permission of the copyright owner is illegal.
17 U.S.C.
Sec. 101 et seq