Procedure No.	2025P
	Adoption Date:	July 11, 1984
	Revised:	August 28, 2000

INSTRUCTION COPYRIGHT COMPLIANCE

The reproduction or use of copyrighted material by educators and librarians is permitted by law under certain circumstances. District staff shall abide by such principles of "fair use" as permitted by law, federal guidelines and district procedures.

Authorized Reproduction and Use of Copyrighted Material in Print

Reminders:

1. Materials on the Internet should be used with caution since they may be copyrighted.

2. Proper attribution (author, title, publisher, place and date of publication) should always be given.

3. Notice should be taken of any alterations to copyrighted works, and such alterations should only be made for specific instructional objectives.

4. Care should be taken in circumventing any technological protection measures. While materials copied pursuant to fair use may be copied after circumventing technological protections against unauthorized copying, technological protection measure to block access to materials may not be circumvented.

In preparing for instruction, a teacher may make or have made a single copy of:

1. A chapter from a book;

2. An article from a newspaper or periodical;

3. A short story, short essay or short poem; or

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

A teacher may make multiple copies of the following for classroom use (no more than one copy per student):

1. A complete poem of less than 250 words;

2. An excerpt of not more that 250 words from a longer poem;

3. A complete prose work if it is less than 2,500 words;

4. An excerpt of not more than 500 words from a prose work of between 2,500 and 5,000 words;

5. An excerpt of not more than 10% of a prose work of between 5,000 and 10,000 words;

6. An excerpt of not more than 1,000 words from a prose work which is greater than 10,000 words;

7. One illustration per book or periodical; and

8. Not more than two pages and 10% of the words of "special works" which are poetic or prose works which combine illustrations and less than 2,500 words (such as many children's books). Short special works may be copied up to two published pages containing not more than 10 percent of the work.

(Numerical limits may be exceeded in order to complete a line of poetry or a paragraph of prose.)

Performances by teachers or students of copyrighted dramatic works without authorization from the copyright owner are permitted as part of a teaching activity in a classroom or instructional setting. All other performances require permission from the copyright owner.

Teachers may use copyrighted material in opaque projectors for instructional purposes.

Authorized Reproduction and Use of Copyrighted Music

A teacher may make a single copy of a song, movement, or short section from a printed musical work that is unavailable except in a larger work for purposes of preparing for instruction.

A teacher may make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical work if it is to be used for academic purposes other than performance, provided that the excerpt does not comprise a part of the whole musical work which would constitute a performable unit such as a complete section, movement, or song.

In an emergency, a teacher may make and use replacement copies of printed music for an imminent musical performance when the purchased copies have been lost, destroyed or are otherwise not available.

A teacher may make and retain a single recording of student performances of copyrighted material when it is made for purposes of evaluation or rehearsal.

A teacher may make and retain a single copy of excerpts from recordings of copyrighted musical works for use as aural exercises or examination questions.

A teacher may edit or simplify purchased copies of music provided that the fundamental character of the music is not distorted. Lyrics shall not be altered or added if none exist.

Performance by teachers or students of copyrighted musical works is permitted without the authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting. The purpose shall be instructional rather than for entertainment.

Performances of nondramatic musical works which are copyrighted are permitted without the authorization of the copyright owner, provided that:

1. The performance is not for commercial purpose;

2. None of the performers, promoters or organizers are compensated; and

3. Admission fees are used for educational or charitable purposes only.

All other musical performances require permission from the copyright owner.

School recordings may be made of certain instructional television programs. Before recording the broadcast, the following conditions must be satisfied:

Taping Rights of Television Programs

A recording may be retained for a period not to exceed 45 days after the date of the recording. After that time all recordings must be destroyed.

Off-air recordings may be used once in the course of relevant teaching activities, and once more if reinforcement is deemed necessary, only during the first 10 school days after the date of the recording. After the first 10 days, and within the 45 day retention period, the recording may only be used for teacher evaluation purposes. This applies only to those programs that are provided to the general public at no charge.

Off-air recordings may be made only at the request of and used by individual teachers, and may not be recorded in anticipation of requests.

A limited number of copies of each recording may be produced, subject to the same terms as those governing the original recording.

Although the recordings need not be used in their entirety, they may not be altered in any way from the original. All copies must include the copyright notice on the broadcast program as recorded. Educational institutions are expected to establish control procedures to maintain the guidelines. Guidelines apply only to nonprofit educational institutions.

Authorized Reproduction and Use of Copyrighted Materials in the Library.

A library may make a single copy or three digital copies of:

1. An unpublished work which is in its collection;

2. A published work in order to replace it because it is damaged, deteriorated, lost or stolen, provided that an unused replacement cannot be obtained at a fair price.

3. A work that is being considered for acquisition, although use is strictly limited to that decision. Technological protection measures may be circumvented for purposes of copying materials in order to make an acquisition decision.

A library may provide a single copy of copyrighted material at a cost to a student or staff member. The copy must be limited to one article of a periodical issue or a small part of other material, unless the library finds that the copyrighted work cannot be obtained elsewhere at a fair price. In the latter circumstance, the entire work may be copied. In any case, the copy shall contain the notice of copyright and the student or staff member shall be notified that the copy is to be used only for private study, scholarship or research. Any other use may subject the person to liability for copyright infringement.

At the request of a teacher, copies may be made for reserve use. The same limits apply as for single or multiple copies designated in "Authorized Reproduction and Use of Copyrighted Material in Print."

Copying Limitations

Circumstances will arise when staff are uncertain whether or not copying is prohibited. In those circumstances, the principal or designee should be contacted. The following prohibitions have been expressly stated in the federal guidelines:

1.	Reproduction of copyrighted material shall not be used to create or substitute for anthologies, compilations or collective works.
2.	Unless expressly permitted by agreement with the publisher and authorized by district action, there shall be no copying from copyrighted consumable materials such as workbooks, exercise and text booklets.
3.	Staff shall not: a. Use copies to substitute for the purchase of books, periodicals, music recordings or other copyrighted material except as permitted by district procedure; b. Copy or use the same item from term to term without the copyright owner's permission; c. Copy or use more than nine instances of multiple copying of protected material in any one term; d. Copy or use more than one short work or two excerpts from works of the same author in any one term; or e. Copy or use protected material without including a notice of copyright. The following is a satisfactory notice to be posted over a copy machine: NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.

Staff shall not reproduce or use copyrighted material at the direction of someone in higher authority or copy or use such material in emulation of some other teacher's use of copyrighted material without permission of the copyright owner.

Videos

A teacher may use a prerecorded tape if bought, borrowed or rented from a supplier and marked for HOME USE ONLY, if the following conditions apply:

1. The tape must be a legitimate copy;

2. The tape is to be shown in a classroom or similar place devoted to instruction;

3. The performance of the tape must be for a course of instruction and not for entertainment, recreation, or cultural value;

4. The tape must be played in the classroom and not transmitted on a closed circuit television system;

5. Attendance at the showing is limited to the instructor, pupils, guest lecturers. (Classes are not to be grouped together for a single showing.)

Use of video tapes that are not part of the curriculum's SLO's is a violation of copyright law.

Students are not allowed to record programs at home and bring them to school for viewing in the classroom.

Computer Software

1. One backup or archival copy of a program can be made, but only one copy used. If a program is copied onto the hard drive, the original is retained as the archival copy.

2. Duplicating copies for student or teacher use other than a backup copy is illegal.

3. To load the same program into the memory of a large number of computers without a site or program license is a copyright infringement.

4. Before installing a program on a network, a site license agreement must be approved. The principal is authorized to sign a software license agreement on behalf of the school. A copy of said agreement shall be retained by the principal.

5. A computer program may be adapted by adding to the content or changing the language. The adapted program may not be distributed.

Educational Multimedia

1. Fair use does not include posting a student or teacher's work on the Internet if it includes portions of copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before such projects are placed online.

2. The opening screen of such presentations shall include notice that they were prepared under the fair use exemption of the US copyright law and are restricted from further use.

3. Students may incorporate portions of copyrighted materials in producing educational multimedia projects for a specific course, and may perform, display or retain the projects.

4. Educators may perform or display their own multimedia projects to students in support of curriculum-based instructional activities. These projects may be used:

1. in face-to-face instruction
2. in demonstrations and presentations, including conferences
3. in assignments to students
4. for remote instruction if distribution of the signal is limited
5. over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be saved on-site only
6. in their personal portfolios

Educators may use copyrighted materials in a multimedia project for two years, after that permission must be requested and received.

5. The following limitations restrict the portion of any given work that may be used pursuant of fair use in an educational multimedia project:

1. Motion media: ten percent or three minutes, whichever is less.
2. Text materials: ten percent or 1,000 words, whichever is less.
3. Poetry: an entire poem of fewer that 250 words, but no more than three poems from one author or five poems from an anthology. For poems greater than 250 words, excerpts of up to 250 words may be used, but no more that three excerpts from one poet or five excerpts from an anthology.
4. Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations that change the basic melody or fundamental character of the work.
5. Illustrations, cartoons and photographs: No more than five images by an artist, and no more than ten percent or fifteen images, whichever is less, from a collective work.
6. Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less.

Name of Program	Source	Date Taped	Rights Expire	Person Requesting

All copyright laws will be complied with.

Program Name:

Channel:

Date:

Time:

Person requesting tape: