It shall be the policy of the schools in the Southwest Vermont Supervisory Union, Bennington School District, Inc., Mount Anthony Union School District, North Bennington Graded School District, Pownal School District, Shaftsbury School District, and Woodford School District to adhere to the provisions of the 1976 copyright act, P.O. 94-553, and subsequent rulings as entered into the United States Code pertaining to print and non-print materials which include off air recordings, software, and digital formats, images, sound recordings, photographs or fixed ideas in a tangible form. Duplication of copyrighted materials without written prior provisions of the fair use doctrine is forbidden. The Southwestern Vermont Supervisory Union will develop procedures to implement the policy that will cover all schools.
ADMINISTRATIVE REGULATION #6130
The Copyright Law of 1976 established guidelines to provide for the “fair use” of a copyrighted work against which potential infringement might be measured. The statute states in part “the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means...for purposes such as criticism, commenting, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” The four standards used in determining whether the use made of a particular work in a particular case is a “fair use” include:
- The purpose and character of the use, including whether such is of a commercial nature or is for non-profit educational purpose;
- The nature of the copyrighted work (greater latitude is given the use of factual as opposed to fictional material);
- The amount and “substantiality” of the work 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.
- Educators need to face the legal and ethical issues involved in copyright laws and publisher license agreements and must accept the responsibility for assuring compliance with these laws and agreements. Budget constraints do not excuse illegal use of copyrighted material.
- The copyright’ law and its ethical and practical ramifications will be taught in all schools in the supervisory union.
- A copy of the “Warning concerning Copyright Restriction” as recorded in THE FEDERAL REGISTER shall be affixed to all Southwest Vermont Supervisory Union school owned technologies capable of duplicating broadcasting or disseminating copyrighted material.
- School employees who violate the copyright law are liable for their actions. Legal defense and insurance coverage from the schools or the supervisory union may not be available for violators.
- School employees are subject to disciplinary action for willful infringement of the law.
- Use of school equipment for illegal duplication, broadcast, or dissemination is against school policy and is prohibited.
- According to Section 504 (c) (2). Statutory Damages - Public Law 94-533; “In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $50,000.
taken from Library Copying under Section 108 "Agreement on Guidelines for Classroom Photocopying in Not-for-Profit Ed. Instits. (copyright Primer. ALA, 1995)
I. Single Copying for Teachers
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. A chapter from a book;
B. An article from a periodical or newspaper;
C. A short story, short essay or short poem, whether or not from a collective work;
D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper;
II. 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 discussion; provided that;
A. The copying meets the tests of brevity and spontaneity as defined below and,
B. Meets the cumulative effect test as defined below; and,
C. Each copy includes a notice of copyright.
DEFINITIONS OF THE GUIDELINES:
Purpose ... is to state the minimum and not the maximum standards of educational fair use under Section 107 of H.R. 2223 of Copyright Law. ... instances in which copying which doesn't fall within these guidelines maybe permitted under criteria of "fair use".
(i) 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.
(ii) 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% of the work, whichever is less, but in any event a minimum of 500 words.
Each of the numerical limits stated in “i” and “ii” above may be expanded to permit the completion of a line of a poem or of a prose paragraph.
(iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per issue of a periodical. “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 and which fall short of 2,500 words in their entirety. Paragraph “ii” above notwithstanding such “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 two of the works found in the text thereof, may be reproduced.
(iv) "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. Paragraph "ii" above notwithstanding such "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 two of the works found in the text thereof, may be reproduced.
(i) The copying is at the instance and inspiration of the individual teacher, and
(ii) 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 to reproduce.
(i) The copying of the material is for only one course in the school in which the copies are made.
(ii) Not more than one short poem, article, story, essay of two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume, regardless of the number of issues during one class term.
(iii) There shall not be more than nine instances of such multiple copying for one course during one class term.
[The limitations stated in “i” and “iii” above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]
III. PROHIBITIONS AS TO I AND II ABOVE
Not withstanding any of the above, the following shall be prohibited:
(A) Copying used to create or to replace or substitute for anthologies, compilations or collective works whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately;
(B) 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; and
(C) Copying which
(a) substitutes for the purchase of books, publisher’ reprints or periodicals;
(b) is directed by higher authority;
(c) is repeated with respect to the same item by the same teacher term to term
It would also be noted that 17 U.S.C. Section 108 permits reproduction by librarians only if no “direct or indirect commercial advantage accrues.” However, copying of damaged, lost, or out-of-print works is permitted if the library, after a reasonable effort, determines that “an unused replacement cannot be obtained at a fair price.” 17 U.S.C. Section 108 (c).
PROCEDURES FOR MUSIC AND SCHOOL PERFORMANCES
A. PERMISSIBLE USES:
- Emergency copying to replace purchased copies which for any reason are not available for an imminent performance, provided purchase replacement copies shall be substituted in due course. ALA Sec. 107 HR. 2223.
- For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more than (10%) of the whole work. The number of copies shall not exceed one copy per pupil.
- Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
- A single copy of recordings of performance by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
- A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright, which may exist in the sound recording.)
- Copying to create or replace or substitute for anthologies, compilations or collective works.
- Copying of or from works intended to be “consumable” in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
- Copying for the purpose of performance, except as in A.I. above.
- Copying for the purpose of substituting for type purchase of music, except as in A1 and B1 above.
- Copying without inclusion of the copyright notice which appears on the printed copy.
17 U.S.C. Section 110 (1) states in part that an infringement of copyright does not include "performances or display of a work by instructors or pupils: (a) in the course of face-to-face teaching activities (b) of a non-profit educational institution, (c) in a classroom or similar place devoted to instruction (d) if, in the case of an audiovisual work, the copy (i.e. film, video) was lawfully made." This constitutes an exception to the more general rule that a copyright owner has exclusive rights to perform and to authorize others to perform publicly “literary, musical, dramatic, and choreographic works...” 17 U.S.C. Section 106 (4).
Further distinctions have been drawn between performances exempted from copyright restrictions because they are part of “systematic instruction...intrinsic to the curriculum,” and those which are classified as entertainment not qualifying for exemption. Additional limitations applying to performance of nondramatic or musical work for which proceeds are used for educational, religious, or charitable purposes, are set forth in 17 U.S.C. Section 110 (4).
OFF-AIR RECORDING OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES:
The guidelines permit taping of an entire program, and retention of the tape for not more than forty-five (45) days
. The off-air recording may be used only once by individual teachers in their classrooms during the first ten consecutive days after recording and repeated once only if instructional reinforcement is necessary during the forty-five (45) day period. In addition, a school may not maintain a video library unless copyright permission is obtained. Video-recording must be based on specific requests by individual teachers; recording in anticipation of requests is not permissible
. All copies of off-air recordings must include the copyright notice, and schools must establish procedures to assure that the guidelines are implemented. Tapes must be used for an educational purpose. An educational purpose may include use in homebound instruction but not home schooling.
- These guidelines were developed to apply only to off-air recordings 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 non-profit educational institution for a period not to exceed the first forty five (45) consecutive calendar days after day 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) day calendar day retention periods since "school days" are school session days - not counting weekends, holidays, vacations, exam 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 (sic) 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.
- 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 purposes 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 recordings must include the copyright notice on the broadcast programs as recorded.
- Educational institutions are expected to establish appropriate control procedures to assure compliance with these guidelines.
PUBLIC BROADCASTING SERVICE PROGRAMS:
7-Day School Rerecord Rights apply under the following conditions:
- Programs may be recorded without a prior request from a teacher and may be recorded and exhibited each time a program is broadcast.
- Only a single copy of the program can be recorded by an educational institution and that copy cannot be duplicated.
- The program can be retained for a total of seven (7) consecutive days following its broadcast, each time it is broadcast, but must be erased at the end of the seven (7) day period.
- Teachers may exhibit the program as often as needed during the seven (7) day period.
- Programs may be transmitted on closed circuit systems or closed cable system within the seven (7) day exhibition period. However, open cable origination of the program can only be initiated by the public television station.
PROCEDURES FOR MICROCOMPUTER SOFTWARE:
- District employees will be expected to adhere to the provisions of Public Law 96-517, Section 7(b) which amends Section 117 of Title 17 of the United States Code to allow for the making of 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 the computer program provided:
a. 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
b. 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. One copy of each program shall be purchased for each computer, unless a site licensing agreement can be obtained from the software producer.
- Illegal copies of copyrighted programs may not be made or used on school equipment. This includes personal software.
- The legal or insurance protection of the district will not be extended to employees who violate copyright laws.
- The administrators of this supervisory union are designated as the only individuals who may sign license agreements for software for schools in the supervisory union. Each school using the software also should have a signature on a copy of the software agreement for local control.
- The principal of each school site is responsible for establishing practices which will assure compliance with this policy at the school level.
- Copies of all license agreements shall be maintained at each building where the program is in use.
COPYRIGHT IN ON-LINE, DIGITAL / ELECTRONIC FORMAT
"Today the (Copyright) act provides automatic protection for just about any original expression that can be fixed in tangible form, as soon as it is expressed....the moment a person composes an original text, draws an image, records some sound, takes a photograph, or otherwise fixes an idea in a tangible form, a copyright covering the resulting work is owned by the creator." from: Cyberspace and the law: your rights and duties in the on-line world
. By Edward A. Cavazos and Gavino Morin.