• File: EGAD-E - COPYRIGHT AND FAIR USE GUIDELINES FOR TEACHERS


    File: EGAD-E

    COPYRIGHT AND FAIR USE GUIDELINES FOR TEACHERS

                                                                           


        

    Copyright and Fair   Use Guidelines for Teachers

    This chart was designed to inform teachers of what they may do under the law. Feel free to make copies for teachers in your school or district, or download a PDF version at www.techlearning.com. More detailed information about fair use guidelines and copyright resources is available at www.halldavidson.net.

    Medium

    Specifics

    What you can do

    The Fine Print

    Printed   Material

    (short)

    • Poem less than 250 words; 250-word excerpt of poem   greater than 250 words
    • Articles, stories, or essays less than 2,500 words
    • Excerpts from a longer work (10 percent of work or   1,000 words, which ever is less)
    • One chart, picture, diagram, or cartoon per book or   per periodical issue
    • Two pages (maximum) from an illustrated work less   than 2,500 words, e.g., a children’s book
    • Teachers may make multiple copies for classroom use,   and incorporate into multimedia for teaching classes.
    • Students may incorporate text into multimedia   projects.
    • Copies may be made only from legally acquired   originals.
    • Only one copy allowed per student.
    • Teachers may make copies in nine instances per class   per term.
    • Usage must be “at the instance and inspiration of a   single teacher,” i.e., not a directive from the district.
    • Don’t create anthologies.
    • “Consumables,” such as workbooks, may not be copied.

    Medium

    Specifics

    What you can do

    The Fine Print

    Printed Material

    (archives)

    • An entire work
    • Portions of a work
    • A work in which the existing format has become   obsolete, e.g., a document stored on a Wang computer
    • A librarian may make up to three copies “solely for   the purpose of replacement of a copy that is damaged, deteriorating, lost, or   stolen.”
    • Copies must contain copyright information.
    • Archiving rights are designed to allow libraries to   share with other libraries one-of-a-kind and out-of-print books.

    Illustrations   and

    Photographs

    • Photograph
    • Illustration
    • Collection of photographs
    • Collection of illustrations
    • Single works may be used in their entirety, but no   more than five images by a single artist or photographer may be used.
    • From a collection, not more than 15 images or 10   percent (whichever is less) may be used.
    • Although older illustrations may be in the public   domain and don’t need permission to be used, sometimes they’re part of a   copyright collection. Copyright   ownership information is available at www.loc.govor www.mpa.org.

    Video

    (for viewing)

    • Videotapes (purchased)
    • Videotapes (rented)
    • DVD’s
    • Laserdiscs
    • Teachers may use these materials in the classroom.
    • Copies may be made for archival purposes or to   replace lost, damaged, or stolen copies.
    • The material must be legitimately acquired.
    • Material must be used in a classroom or nonprofit   environment “dedicated to face-to-face instruction.’
    • Use should be instructional, not for entertainment   or reward.
    • Copying OK only if replacements are unavailable at a   fair price or in a viable format.

    Video

    (for integration into multimedia or video projects

    • Videotapes
    • DVD’s
    • Laserdiscs
    • Multimedia encyclopedias
    • QuickTime Movies
    • Video clips   from the Internet
    • Students “may   use portions of lawfully acquired copyright works in their academic   multimedia,” defined as 10 percent or three minutes (whichever is less) of   “motion media.”
    • The material must be legitimately acquired: a legal   copy (not bootleg) or home recordings.
    • Copyright works   included in multimedia projects must give proper attribution to copyright   holder.

    Medium

    Specifics

    What you can do

    The Fine Print

    Music

    (for integration into multimedia or video projects)

    • Records
    • Cassette tapes
    • CD’s
    • Audio clips on the Web
    • Up to 10 percent of a copyrighted musical   composition may be reproduced, performed, and displayed as part of a   multimedia program produced by an educator or students.
    • A maximum of 30 seconds per musical composition may   be used.
    • Multimedia program must have an educational purpose.

    Computer Software

    • Software (purchased)
    • Software (licensed)
    • Library may lend software to patrons.
    • Software may be installed on multiple machines, and   distributed to users via a network.
    • Software may be installed at home and at school.
    • Libraries may make copies for archival use or to replace   lost, damaged, or stolen copies if software is unavailable at a fair price or   in a viable format.
    • Only one machine at a time may use the program.
    • The number of simultaneous users must not exceed the   number of licenses; and the number of machines being used must never exceed   the number licensed. A network license   may be required for multiple users.
    • Take aggressive action to monitor that copying is   not taking place (unless for archival purposes).

    Internet

    • Internet connections
    • World Wide Web
    • Images may be downloaded for student projects and   teacher lessons.
    • Sound files and video may be downloaded for use in   multimedia projects (see portion restrictions above).
    • Resources from the Web may not be reposted onto the   Internet without permission. However,   links to legitimate resources can be posted.
    • Any resources you download must have been   legitimately acquired by the Web site.

    Television

    • Broadcast (e.g., ABC, NBC, CBS, UPN, PBS, and local   stations)
    • Cable (e.g. CNN, MTV, HBO)
    • Videotapes made of broadcast and cable TV programs
    • Broadcasts or tapes made from broadcast may be used   for instruction.
    • Cable channel programs may be used with permission. Many programs may be retained by teachers   for years—see Cable in the Classroom (www.ciconline.org)   for details.
    • Schools are allowed to retain broadcast tapes for a   minimum of 10 school days. (Enlightened   rights holders, such as PBS’s Reading Rainbow, allow for much more.)
    • Cable programs are technically not covered by the   same guidelines as broadcast television.

    Sources: United States Copyright Office Circular 21; Sections   107, 108, and 110 of the Copyright Act (1976) and subsequent amendments,   including the Digital Millennium Copyright Act; Fair Use Guidelines for   Educational Multimedia; cable systems (and their associations); and Copyright   Policy and Guidelines for California’s School Districts, California’s   Department of Education. Note: Representatives   of the institutions and associations who help to draw up many of the above   guidelines wrote a letter to Congress dated March 19, 1976, stating: “There   may be instances in which copying that does not fall within the guidelines   stated (above) may nonetheless by permitted under the criterion of fair use.”

    MS Word version of this document available at: pcat.pbworks.com/f/Copyright+and+Fair+Use+Guidelines+for+Teachers.doc.

    Revised:June 6, 2012