Copyright Laws What do you know?

The N.E.I.S.D. district policy on copyright states that: “Employees of the District shall comply with the provisions of the United States Copyright Law.”

Why follow the law?  Penalties for infringement are expensive and many lawsuits name not only the infringer, but also the librarian, the principal, and even the superintendent and the school board as liable partners.  As educators, we should model correct behavior and set an example of responsible citizenship.  Above all else, it is the law!

Classroom Photocopying  Multiple copies allowed but only 1 copy per student  Must be for classroom use  Each copy must include a notice of copyright  Copying must meet the tests of brevity, spontaneity and cumulative effect

Practices NEVER acceptable are:  Copying cannot be used to create or replace anthologies  Consumables cannot be copied  Copying cannot: –Substitute for purchase –Be directed by a higher authority –Be repeated by the same teacher for the same items from term to term  Students cannot be charged for the copy above the actual cost of the photocopying

Audiovisual Material The fair use exemption for schools must meet the following four requirements:  Must be presented by instructors or students  Must occur in the course of face-to-face teaching activities  Must take place in a classroom or similar place of instruction  Must be legally acquired copy of work

Audiovisual Material (cont’d)  Copies taped off-air must include all copyright information. They may be kept for 45 days, but must be viewed by students during the first 10 days.  You can’t enlarge, modify or convert a graphic to another medium.

Practices NEVER acceptable are:  Making an anthology or collection from clips or excerpts  Transferring the work to another medium (including film to video or video to computer disk)  Using a program for recreation or reward without performance rights (should be documented in lesson plans and related to curriculum)

Multimedia  Must follow quantity guidelines of use from a single source in the course of a term: Motion media – up to 10% or 3 minutes Text – up to 10% or 1,000 words Music, lyrics and music video – up to 10% but not more than 30 seconds Illustrations, cartoons and photographs – no more than 10% or 15 images from a single work

Multimedia (cont’d)  Teachers may use multimedia presentations they create in face-to-face instruction or they may assign students to view presentation on their own. Teachers may only keep a work for 2 years from the time of its first use with a class.  A student may keep his/her work indefinitely.

Computer Software  The biggest difference with computer material is that the purchaser does not own the software, but only the right to use the software as described in a license agreement. There are 2 forms of license agreement: “shrink-wrap” licenses and signed agreements.

There are two exceptions: 1. A copy or adaptation may be made if required for the operation of the program. For example, installation on a hard disk or customization of the program is allowed. 2. An archival copy may be made but not used. This copy must be destroyed if the program is transferred or sold.

For more information…  Look at the district policy on copyright on the Intranet  View the U. S. Copyright Office website at  Read books on Copyright laws from the library  Ask your librarian