Staff may make copies of copyrighted school district materials that fall within the following guidelines. Where there is reason to believe the material to be copied does not fall within these guidelines, prior permission shall be obtained from the principal. Staff members who fail to follow this procedure may be held personally liable for copyright infringement.
Authorized Reproduction and Use of Copyrighted Material in Print
In preparing for instruction, a teacher may make or have made a single copy of:
- A chapter from a book;
- An article from a newspaper or periodical;
- A short story, short essay or short poem; or
- A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
A teacher may make multiple copies not exceeding more than one per pupil, for classroom use or discussion if the copying meets the tests of "brevity, spontaneity and cumulative effect" set by the following guidelines. Each copy must include a notice of copyright.
A. A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words,
B. Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1000 words or 10 percent of the work, whichever is less may be copied, in any event, the minimum is 500 words,
C. Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph.
D. One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied. "Special" works cannot be reproduced in full; this includes children's books combining poetry, prose or poetic prose.
Should be at the "instance and inspiration" of the individual teacher.
3. Cumulative Effect
Teachers are limited to using copied material for only one course in the school in which copies are made. No more than one short poem, article, story or two excerpts from the same author may be copied, and no more than three works can be copied from a collective work or periodical column during one class term. Teachers are limited to nine instances of multiple copying for one course during one class term. Limitations do not apply to current news periodicals, newspapers and current news sections of other periodicals.
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.
The copyright law prohibits using copies to replace or substitute for anthologies, consumable works, compilations or collective works. "Consumable" works include: workbooks, exercises, standardized tests, test booklets and answer sheets. Teachers cannot substitute copies for the purchase of books, publishers' reprints or periodicals, nor can they repeatedly copy the same item from term-to-term. Copying cannot be directed by a "higher authority," students cannot be charged more than actual cost of photocopying.
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 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:
- The performance is not for a commercial purpose;
- None of the performers, promoters or organizers are compensated; and
- Admission fees are used for educational or charitable purposes only.
All other musical performances require permission from the copyright owner.
Authorized Reproduction and Use of Copyrighted Audio-Visual Material
Before reproducing small portions of sound recordings, filmstrips, slide sets, transparencies or motion pictures or video-taping commercial television broadcasts, staff shall consult with the superintendent or the person designated as the copyright compliance officer to determine if the proposed action complies with the "fair use" principles of the copyright law.
School recordings may be made of certain instructional television programs broadcast by educational television stations. Before recording the broadcast, the following conditions must be satisfied:
- The monthly list of programs not licensed for recording shall be consulted. Any program listed shall not be recorded.
- Recordings may be used only in classroom or instructional settings as an educational activity.
- Recordings shall be used only in the facilities of the district and shall not be loaned or made available outside of those facilities.
- Recordings shall be retained for no more than seven days following the broadcast, unless an extension is authorized in writing in advance. Simultaneous rebroadcast of both commercial and educational television broadcasts is permissible if it is primarily for instructional use in classrooms.
Use of video tapes in the classrooms is permitted under the following conditions:
- The performance must be by instructors, guest lecturers or pupils; and
- The performance is in connection with face-to-face teaching activities; and
- The entire audience is involved in the teaching activity; and
- The entire audience is in the same room or same general area.
- They are not to be used for entertainment. Rewards for behavior or student performance is interpreted as entertainment and is not permitted.
Authorized Reproduction and Use of Copyrighted Materials in the Library
A library may make a single copy of:
- An unpublished work which is in its collection;
- 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.
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."
Circumstances will arise when staff is uncertain whether or not copying is prohibited. In those circumstances, the superintendent or designated copyright compliance officer should be contacted. The following prohibitions have been expressly stated in 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, exercises, test booklets, answer sheets and the like.
3. Staff shall not:
a. Use copies to substitute for the purchase of books, periodicals, music recording or other copyrighted material except as permitted by district procedures;
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: "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.
Highline School District 401
Approved by the Superintendent: August 1984
Approved by the Superintendent: 06.08