UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

 

1st Reading

12/1/92

 

New

X

2nd Reading

1/19/93

 

Revised

 

Effective Date

1/19/93

 

Substitute

 

 

 

002.1000         COPYRIGHT LAWS

 

1.0              Board Policy

 

1.1              The Board is committed to the observance of federal and state copyright laws and publisher licensing agreements, and delegates to the administration responsibility for enforcing this policy.

 

1.2              Employees of the District shall comply with the provisions of the United States Copyright Law.  Subject to certain specific exceptions, as stated below, the owner of a copyright has the exclusive rights to reproduce, distribute, perform, or display the copyrighted work, or to authorize such reproduction, distribution, performance, or display by others.

 

1.3              An exception to the exclusive rights enjoyed by copyright owners is the doctrine of fair use. The fair use of a copyrighted work for purposes of teaching, scholarship, or research is not an infringement of copyright. The following factors shall be considered in determining fair use:

 

·         The purpose and character of the use, including whether the use is of a commercial nature or for nonprofit educational purposes.

·         The nature of the copyrighted work.

·         The amount and importance 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.

 

A further exception shall be performance or display of a work by instructors or students in the course of face-to-face teaching activities in a classroom or other similar place devoted to instruction.

 

1.4              Employees who wish to use copyrighted print material and sheet music shall follow the guidelines as set forth in this policy. These guidelines establish a minimum guaranteed fair use, not a maximum. Any use that falls within those guidelines is a fair use; any use which exceeds these guidelines shall be judged by the four factors stated above and may be subject to challenge. Any determination regarding whether a use that exceeds the guidelines is a fair use shall rest with an appropriate court of law. Notwithstanding the fair use guidelines, the following shall be prohibited:

 

1.4.1        Copying of print materials and sheet music to create or replace or substitute for anthologies, compilations, or collective works. This prohibition against replacement or substitution applies whether copies of various works or excerpts are accumulated or reproduced and used separately.

1.4.2        Copying of or from works intended to be ‘‘consumable’’ in the course or study or teaching. These works include workbooks, exercises, standardized tests, test booklets, answer sheets, and like consumable material.

1.4.3        Copying shall not substitute for the purchase of books, publishers’ reprints, or periodicals; be directed by higher authority; or he repeated with respect to the same item by the same teacher from term to term.

 

2.0              Administration Policy

 

2.1              To help assure compliance with Uintah School District’s copyright policy, the administration shall:

·         Keep abreast of changes in copyright laws.

·         Provide staff interview on copyright issues.

·         Provide reference information on copyright.

·         Make purchases in sufficient quantity to discourage illegal copying.

 

3.0              Guidelines (Librarians, Instructional Specialists and Teachers)

 

3.1              Computer Software

3.1.1        Computer software may not be duplicated without permission of the copyright holder.

3.1.2        Multiple loading of software or use with a networked system requires permission from the copyright holder.

3.1.3        MECC (Minnesota Educational Computing Consortium) and Scholastic software or other software with district duplication licensing is for use in district schools only; this software may not be purchased for home use by teachers.

3.1.4        MECC and Scholastic software may be duplicated as needed for use in the school. There is no limit to the number of copies of these programs which a school may have.

3.1.5        Public domain computer software is extensive and the Utah State Office of Education has a large library and any educator may visit, preview programs and make copies at no charge.

3.1.6        A back-up disk of a legally purchased computer software program may be made if the purchase agreement permits. This copy is not be to be used unless the original copy is lost or damaged.

 

3.2              Video Tape

3.2.1        Off-air recorded video tapes of commercial or public broadcast programs must be used in accordance with copyright guidelines; i.e., used within 10 calendar days of taping and used no more than two (2) times during that period only for use with the curriculum. The tape may be viewed for preview only after that period and must be erased within 45 calendar days.

3.2.2        Copyright guidelines specify that rented or purchased video tapes must be used in face-to-face teaching situations and may not be used for entertainment or enrichment purposes. This means that a rented or home purchased tape must be part of a planned lesson being conducted in a single classroom by the classroom teacher.

3.2.3        Tapes which have been purchased or rented may be used in the schools if the following two criteria are met:

(a) They are shown in a room which is generally used for classroom instruction. This would include classrooms and probably the library media center. It would not include the auditorium, cafeteria, or multipurpose room, typically. Presentation in one of those locations would constitute a public performance and performance fees would have to be paid.

(b) The tape is an integral part of the curriculum. Videotapes cannot legally be used as entertainment or rewards for students.

 

3.3              Music

3.3.1        Music for use as background music of a slide presentation is permitted only if the presentation is required for instructional purposes and not for entertainment, open houses, etc.

3.3.2        Music may not be recorded from a radio broadcast to tape.

3.3.3        Recordings may not be duplicated from record to tape or tape to tape.

3.3.4        Sheet music may not be copied unless the music is on order, but not yet received by the teacher. A purchase order must have been issued. Copies must be destroyed once the purchased materials are received.

3.3.5        A teacher may duplicate a single copy of an entire performable unit if that unit cannot be purchased in a larger work and if it is out of print as confirmed by the copyright holder. For nonperformance educational purchases, multiple copies of no more than 10% of the whole work may be made. This may not exceed one copy per student.

3.3.6        It is possible to purchase performance rights to copyrighted musical performances (background music for dramatic productions, locally produced video tapes, etc.) Approximate cost is $1,000 per year.

3.3.7        A library may make one copy of a phonorecord or cassette tape to retain for archival purposes. This copy may not be used except to replace a lost or damaged copy if it is not possible to purchase a replacement.

 

3.4              Books and Periodicals (Print Materials)

3.4.1        Single Copying for Teachers

3.4.1.1  A single copy may be made of any of the following by or for a teacher at his or her individual request for his or 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 poem, whether or not from a collective work;

3.4.2        Multiple Copies for Classroom Use

3.4.2.1  Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that:

·         The copying meets the tests of brevity and spontaneity as described in "Definitions"; and,

·         Meets the cumulative effect test as defined in "Definitions"; and,

·         Each copy includes a notice of copyright.

3.4.3        Copyrighted, syndicated comic strip or cartoon characters may not be reproduced or altered for display on bulletin boards, hallways, cafeteria walls, etc.

3.4.4        Copyrighted graphics may be purchased for use in the classroom, hallways, cafeteria walls, etc. or on bulletin boards.

 

4.0              Definitions

 

4.1              Brevity

4.1.1        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.

4.1.2        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 10 percent of the work, whichever is less, but in any event a minimum of 500 words.

(Each of the numerical limits stated above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)

4.1.3        Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

4.1.4        ‘‘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.  Otherwise "Special" works may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10 percent of the words found in the text thereof, may be reproduced.

 

4.2              Spontaneity

4.2.1        The copying is at the instance and inspiration of the individual teacher, and

4.2.2        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.

 

4.3              Cumulative Effect

4.3.1        The copying of the material is for only one course in the school in which the copies are made.

4.3.2        Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.

4.3.3        There shall not be more than nine instances of such multiple copying for one course during one class term.

(The limitations stated above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

4.3.4        Notwithstanding any of the above, the following shall be prohibited:

4.3.4.1  Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.

4.3.4.2  There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

4.3.4.3  Copying shall not: (a) substitute for the purchase of books, publishers’ reprints or periodicals; (b) be directed by higher authority; (c) be repeated with respect to the same item by the same teacher from term to term.

4.3.5        No charge shall be made to the student beyond the actual cost of the photocopying.