media handbook
Copyright
Click here to print out the copyright flyer that all employees should have as a handy quick reference for common issues.
Web Resources
Activity: Taking the Mystery out of Copyright
Campus Guide to Copyright Compliance:
http://www.copyright.com/Services/copyrightoncampus/basics/fairuse.html
Copyright Alliance Education Foundation: http://www.copyrightfoundation.org/
Copyright and plagiarism guidelines for students: http://www.carolsimpson.com/
Copyright law: http://www.copyright.gov/title17/
Copyright law interpretation: http://www.beckercopyright.com/
Exceptions for Instructors eTool: http://librarycopyright.net/etool
Fair Use Evaluator: http://www.wo.ala.org/districtdispatch/?p=3207
Troup County School System Copyright Policy
Troup County School System policy regarding copyright states that
use of copyrighted materials by its employees must be done with
permission of the copyright holder or within the bounds of "fair
use". Educational or instructional use of materials does not give
educators free reign in all uses of all such materials.
It is the responsibility of each school system employee to
become familiar with copyright policy and to use copyrighted
resources in an appropriate and legal manner. It is also recognized
that the school's principal and media specialist as well as the
superintendent and board of education may also be held liable for
copyright infringement by system employees.
"Fair use" has been defined as the right to use copyrighted
materials in a reasonable manner without the consent of the
author.Under the doctrine of "fair use" certain copying can be
done. At present, fair use is not clearly defined in all areas,
especially the nonprint categories.
The following parameters are accepted as standard operating
procedures relative to copyright. Legal copying must fall under the
criteria for "fair use". Fair use takes into consideration:
the purpose and nature of the use including whether such use is of a commercial nature or is for nonprofit educational purposes.
nature of the copyrighted work.
the amount as related to the work as a whole.
effect on potential market for, or value of, the copyrighted work.
Caution must be exercised in the interpretation of "fair use". It cannot be assumed that copying (print and nonprint) done for educational purposes automatically falls within the doctrine of "fair use". The four (4) general criteria for "fair use" are more clearly defined in the interpretations of BREVITY, SPONTANEITY, and CUMULATIVE EFFECT.
BREVITY:
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.
2. Prose: (a) either a complete article, story or essay of less
than 2500 words or (b) an excerpt from any prose work of not more
than 1000 words or ten percent of the work, whichever is less, but
in any event, a minimum of 500 words.(Each of the numerical limits
stated in items 1 and 2 above may be expanded to permit the
completion of an unfinished line of a poem or of an unfinished
prose paragraph.)
3. Illustration: one chart, graph, diagram, drawing, cartoon, or
picture per book or per periodical issue.
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 2500 words in their entirety.
Paragraph number two 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 ten percent of the words found in
the text thereof may be reproduced.
SPONTANEITY:
1. The copying is at the instance and inspiration of the individual
teacher, and
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.
CUMULATIVE EFFECT:
1. The copying of the material is for only one course in the school
in which the copies are made.
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.
3. There shall not be more than nine instances of such multiple
copying for one course during one class term.(The limitations
stated in items 2 and 3 above shall not apply to current news
periodicals and newspapers and current news sections of other
periodicals.)
COPYRIGHT GUIDELINES
Photocopies of books and periodicals
1. Single copying for teachers:
A single copy may be made of any of the following by or for a teacher at his/herindividual request for his/her scholarly research or use in teaching or preparation to teach a class:
A. A chapter in 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 (not syndicated cartoon character), or picture from a book, periodical or newspaper
2. Multiple copies for classroom use may be made of:
A. A complete poem if less than 250 words and if printed on not more than two pages
B. An excerpt from a long poem, but not to exceed 250 words
C. A complete article, story or essay of less than 2,500 words or an excerpt, not more than 1000 words, from a larger printed work not to exceed 10% of the whole, whichever of the preceding is less
D. One chart, graph, diagram, cartoon, or picture per book or periodical issue
E. Special works that combine prose, poetry, and illustrations, but limited to not more than 10% of the total
F. All of the above must bear the copyright notice
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1. Emergency copying to replace purchased copies which for any
reason are not available for an imminent performance provided
purchased replacement copies shall be substituted in due course.
2. 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 selection, movement or aria, but in no
case more than 10% of the whole part. The number of copies shall
not exceed one copy per pupil.
3. Printed copies that 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.
4. A single copy of recordings of performances by students may be
made for evaluation or rehearsal purposes and may be retained by
the educational institution or individual teacher.
5. A single copy of a sound recording (such as a tape, disc, or a
cassette) of copyrighted music may be made from sound recordings
owned by an educational institution or an individual teacher for
the purpose of constructing aural exercises or examinations and may
be retained by the educational institution or individual teacher.
(This pertains only to the copyright of the music itself and not to
any copyright that may exist in the sound recording.)
6. Prohibitions:
A. Copying to create or replace or substitute for anthologies, compilations or collective works
B. 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 sheet and like materials
C. Copying for the purpose of performance, except as in Guideline 1 (above)
D. Copying for the purpose of substituting for the purchase of music, except as in Guideline 1-2 (above)
E. Copying without inclusion of the copyright notice which appears on the printed copy
Music copyright and the Internet
Downloading music off the Internet without purchasing it is a copyright infringement unless permission has been obtained from the owner of the copyright to copy the music. This is a violation of the copyright law. By downloading copies, an individual has chosen not to purchase the music himself or herself and is therefore illegally taking profit away from the copyright owner.
Royalty-free music for educational purposes may be found at http://www.royaltyfreemusic.com/free-music-resources.html . Scroll down to the Music Promo Login on the right side to log on.
For more info, go to What Music Teachers Need to Know
(http://www.menc.org/resources/view/copyright-law-what-music-teachers-need-to-know)
Off-air recording (fair use):
The privilege of off-air recording applies only to non-profit, educational institutions. (Note: Programs that are recorded must be used directly for instruction, not for entertainment, reward, etc.)
A broadcast program may be recorded off-air simultaneously with
broadcast transmission (including cable transmission) and retained
by the educational institution for a period not to exceed 45
calendar days after the date of recording. The program must then be
erased. (Note: Pay services such as HBO and Cinemax would not fall
under this interpretation.)
Programs may be held 45 days, but may only be used once and
repeated once with each class by an individual teacher during the
first 10 consecutive school days during the 45-day calendar
retention period. They may not be used with students after that
time.
After the first 10 consecutive school days, off-air recordings may
be used up to the end of the 45-day retention period only for
teacher evaluation purposes and may not be used for student
exhibition.
Off-air recordings may be made only at the request of and used by
individual teachers, and may not be regularly recorded in
anticipation of requests. No broadcast program may be recorded off
air more than once at the request of the same teacher, no matter
how many times the program is broadcast.
Copies may be made only to meet the needs of those teachers who
have legitimately made requests under the guidelines. Each copy is
subject to the same provisions governing the original copy.
A program must be recorded in its entirety, including the copyright
notice, and may not be altered. Off-air recordings may not be
combined or merged to constitute teaching anthologies or
compilations. However, programs need not be used in their entirety.
Schools are expected to establish appropriate control procedures to
maintain the integrity of these guidelines.
Recording requests
In order to maintain appropriate control, any program recorded
off-air should be requested on the form provided by the
administrator or media specialist, whether recorded at school or
home. The media specialist may record the program or the teacher
may check out a blank storage medium from the media center to
record the program at home. Once a program is recorded at home for
instructional use and is used at school, it falls under the same
guidelines as a program recorded at school and must be erased
within the appropriate time period. Therefore, any program recorded
at home must be returned to the media specialist for erasure.
Rented videotapes, CD’s, DVD’s, etc.
Commercial rental stores such as Blockbuster, Movie Gallery, etc.
are not the copyright holders and do not have authority to grant
public performance rights. Therefore, the Troup County School
System does not allow the presentation of media from these sources.
Personally-owned media
No personally-owned CD's, DVD's, VHS tapes, etc. may be brought
into the schools for use with students. If a school system employee
wishes to donate media to a school, it must be accompanied by the
applicable Georgia Performance Standards and must undergo the
normal approval process before it may be used.
Student performance
Student performance of a copyrighted play may be recorded only for
a critique of the performance.
Public Library
It is the policy of the public library that recordings from PBS or
recordings that are labeled "For Public Use" may be used in the
schools for instructional purposes. Recordings from the library
labeled "For Home Use Only" may not be used in the schools because
public performance rights are not purchased or assumed.
Community Resource Speakers
An administrator must approve any presentation of recorded
material.
Closed Circuit
It should not be assumed that any recording may be aired on closed
circuit television. Some companies require the purchase of closed
circuit transmission privileges as a separate right. If this is not
granted in the catalog, the school should state on the purchase
order the intent to use the product on closed circuit. If the order
is filled with no written restrictions, a document to support such
use exists. However, it is generally accepted that video programs,
for instructional use only, may be shown on a closed circuit system
(electronic distribution system) within a building.
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Computer software and applications
1. It is the intent of the Troup County School System to adhere to
the provision of copyright laws in the area of microcomputer
software. It is also the intent of the district to comply with the
license agreements and policy statements contained in the software
packages used in the district. In circumstances where the
interpretation of the copyright law is ambiguous, the district
shall look to the applicable license agreement to determine
appropriate use of the software.
2. The Troup County School System recognizes that computer software
piracy is a major problem for the industry and that violations of
copyright laws contribute to higher costs and greater efforts to
prevent copying and/or lessen incentives for the development of
effective educational uses of microcomputers. Therefore, in an
effort to discourage violation of copyright laws and to prevent
such illegal activities:
A. The ethical and practical implications of software piracy will be taught to educators and students in all schools in the district.
B. System employees will be informed that they are expected to adhere to Public Law 96-517, Section 117 of the 1976 Copyright Act as amended on December 12, 2008, governing the use of software.
C. When permission is obtained from the copyright holder to use software on a disk-sharing system (network), this software will be secured from copying.
D. Under no circumstances shall illegal copies of copyrighted software be made or used on school equipment.
E. Access of hard disk versions of software must be supported by purchased physical media versions of software (e.g., DVD).
F. Networking other computers or terminals to one hard disk would be considered a copyright infringement unless a networking license is obtained for each piece of copyrighted software placed on the hard drive.
G. Only designated system personnel may sign license agreements for software to be used in schools in the district. Copies of license agreements should be maintained and available for review.
H. The principal at each school site is responsible for establishing practices that will enforce this system copyright policy at the school level.
Web links:
http://www.copyright.com/Services/copyrightoncampus/basics/fairuse_list.html
