1. Copyright Guidelines Marion CSD
Prepared by Nancy Petrosino
Marion Jr. – Sr. HS Library

2. 6 Basic Rights of a Copyright Holder:
Reproduction
Adaptation
Distribution
Public Performance
Public Display
Digital transmission of sound recordings

3. Does a work have to be registered to be copyright protected?

4. NO!
With the enactment of the 1976 copyright law, a work became protected as soon as it was fixed in a tangible form.

5. When in doubt, assume the work is protected!
Thus, a work no longer has to have the copyright symbol to be protected.
When in doubt, assume the work is protected!

6. Work that is not protected by copyright is considered to be in the public domain.

7. What works are in the public domain?
A work must be considered to be creative to be in the public domain. Thus, facts are not copyrightable.
Works created by U.S. federal employees during the course of their duties.
Works whose copyright has expired. This includes all works published before 1923…

8. However…
Creative adaptations of those works may be protected. For example, Beethoven’s original works are in the public domain, but the adaptations of those works used by most schools are probably protected by copyright.

9. Special exemptions to the exclusive rights of copyright holders are called FAIR USE

10. Factors to be considered in determining FAIR USE:
The purpose and character of the use…is it of a commercial nature, or is it for non-profit educational purposes?
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for or value of the copyrighted work

11. The Congressional Guidelines, developed in 1976, also need to be considered. These include:
Brevity
Spontaneity
Cumulative effect

12. Brevity: Poetry—poems less than 250 words
Prose—generally, not more than 10% of the whole…see posted guidelines for specific formats
Illustrations—one chart, graph, diagram or picture

13. Spontaneity
Use is at the instance and spontaneity of the individual teacher
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 information.

14. Cumulative Effect Copying can not be used to create an anthology
Consumable works can’t be copied—such as workbooks, standardized tests, etc.
Copying cannot be a substitute for purchasing books, periodicals, etc.
No more than nine instances of multiple copying can occur for more than one course during a term
Cannot copy the same item from term to term

15. Notice of Copyright All reproductions of print materials must contain a notice of copyright that includes the name of the copyright holder and the date of copyright. Example: Copyright 2006, Rosen Publishing This notice should appear on each copy

16. Audiovisual Materials in School Copyright guidelines must be met, as well as 5 additional requirements:
Nonprofit educational
Classroom or similar place (cafeteria, gym, library, etc.)
Limited to instructors and pupils—no visitors
Legally acquired copy
Must be used for face-to-face teaching activities

17. Implications for schools:
Cannot show movies for entertainment purposes or as a reward unless the District has purchased public performance rights
Can show movies for educational purposes, but they must be directly related to the curriculum
Can tape a TV program at home for use with the curriculum, but it must be shown within 10 days and erased after 45 days.

18. I have a student with an IEP
I have a student with an IEP. Can I record a book on tape for this student?

19. NO!
Any time you change the format of a work, you have created an adaptation. Adaptation is one of the protected rights of the copyright holder.

20. Music and Drama It is not permissible to:
Copy instead of purchasing music
Play a song for a class unless it is for the purpose of direct instruction
However:
It is acceptable to copy limited portions of printed music, as long as it is for non-performance classroom purposes.

21. Internet Issues
The guidelines for printing pages from the Internet are similar to the guidelines that govern print materials. Consider the four factors of Fair Use when using material from the Internet.

22. Is it OK to print out pages from the Internet, photocopy them and pass them along to the department heads to share with other members of the department?

23. NO!
Under Fair Use you may make a single copy for your own personal use, including use in teaching. The department heads are not your students, however, so they don’t qualify under the Fair Use exemption for multiple copies.
Simpson, Carol. Copyright for Schools. Worthington: Linwood Publishing,

24. Copyright compliance involves ethical as well as legal issues!
Questions? Contact your library media specialist or building principal.