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Policy EGAA-R

Reproduction Of Copyrighted Material - Guidelines

  1. Software Copyright Policy  

  • The ethical and practical problems caused by software piracy will be  taught in all schools in the system.  

  • District employees will be expected to adhere to the provisions of Public Law  97-517, Section 7 (b) which amends to Section 117 of Title 17 of the United  States code to allow for the making of a back-up copy of computer programs.  This states that “…it is not an infringement for the owner of a copy of a  computer program to make or authorize the making of another copy or  adaptation of that computer program provided:  

    • That such a new copy or adaptation is created as an essential step in  the utilization of the computer program in conjunction with a machine  and that it is used in no other manner; or  

    • That such a new copy and adaptation is for archival purposes only and  that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.  

  • When software is to be used on a disk sharing system, efforts will be made  to secure this software from copying.  

  • Illegal copies of copyrighted programs may not be made or used on school equipment.  

  • The system will contact producers of software used within the system to  attempt to establish legal, multiple-use licensing agreements. All programs  used by staff and students (outside the formal teaching of a program) will be  the original disks or the result of a licensing agreement with software  producer.  

  1. Videotaping Copyright Policy  

  • Taping off the air can be legally done if the program:  

    • Is used under Fair Use guidelines (See guidelines for off-air videotaping.);  

    • Is used with a TLC License;  

    • Has been cleared by state or local ETV agencies;  

    • Is a hard news program used under network license;  

    • Is a public domain program (anything that comes from the Federal  Government such as presidential addresses); and  

    • Is used with the permission of the copyright proprietor.  

  1. Off-Air Videotaping Policy  

  • The guidelines were developed to apply only to off-air recording  by non-profit educational institutions.  

  • A broadcast program may be recorded off-air simultaneously with  broadcast transmission (including simultaneous cable retransmission) and  retained by a nonprofit educational institution for a period not to exceed the  first forty-five (45) consecutive calendar days after date of recording.  Upon conclusion of such retention period, all off-air recordings must be  erased or destroyed immediately. “Broadcast programs” are television  programs transmitted by television stations for reception by the general  public without charge.  

  • Off-air recordings may be used once by individual teachers in the course of  relevant teaching activities, and repeated once only when instructional  reinforcement is necessary, in classrooms and similar places devoted to instruction, within a single building, cluster or campus, as well as in the  homes of students receiving formalized home instruction, during the first  ten (10) consecutive school days in the forty-five (45) calendar day retention period. “School days” are school session days - not counting  weekends, holidays, vacations, examination periods, or other scheduled  interruptions – within the forty-five (45) calendar day retention period.  

  • 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. No broadcast program may be recorded off-air more than once at  the request of the same teacher, regardless of the number times the program  may be broadcast. 

  • A limited number of copies may be reproduced from each off-air recording   to meet the legitimate needs of teachers under these guidelines. Each such   additional copy shall be subject to all provisions governing the original  recording.  

  • 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 teacher evaluation purposes, i.e. to determine whether or  not to include the broadcast program in the teaching curriculum, and may  not be used in the recording institution for student exhibition or any other  non-evaluation purpose without authorization.  

  • Off-air recordings need not be used in their entirety but the recorded  programs may not be altered from their original content. Off-air recordings  may not be physically or electronically combined or merged to constitute  teaching anthologies or compilations.  

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

  • Educational institutions are expected to establish appropriate control  procedures to maintain the integrity of these guidelines.  

  1. Print Media Copyright Policy  

The copyright law recognizes the special needs of teachers and students for  copyrighted print media but does not give them unrestricted privileges. The Board,  therefore, adopts the following guidelines which correlate with those of the Ad Hoc  Committee on Copyright Law Revision.  

  • Single copying for teachers  

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

  • A chapter from a book;  

  • An article from a periodical or newspaper;  

  • A short story, short essay or short poem; and/or  

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

  1. Multiple copies for classroom use 

Multiple copies may be made by or for a teacher giving a course for classroom use or discussion provided that:  

  • The copying is SPONTANEOUS

    • The decision to use the work and the moment of its use is so short that there is not time enough to obtain permission for its use.  

    • The use is at the inspiration of one teacher.  

  • The copying is BRIEF  

    • Prose – no more than 2,500 words of any prose.  

    • Poetry – no more than 250 words.  

    • One illustration – chart, graph, diagram, drawing or picture per book or periodical issue.  

  • Copying shall not exceed the prescribed CUMULATIVE amount 

    • The material is for only one course in the school.  

    • Not more than one short poem, article, story essay or two excerpts from the same author during one class term.  

    • Not more than nine instances of multiple copying for one course  during one class term.  

  • In addition:  

    • There shall be no copying of or from works intended to be “consumable”  in the course of study or teaching such as workbooks, standardized test and  test booklets.  

    • Copying shall not be repeated with respect to the same item by the same  teacher from term to term.  

    • Each copy shall include a notice of copyright.  

    • No charge shall be made to the student beyond the actual cost of copying.  

  • Music Copyright Policy  

We accept the guidelines for educational uses of music as set forth by a similar committee.  

The purpose of the following guidelines is to state the minimum and not maximum  standards of educational fair use. 

*Please excuse any formatting errors.