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COPYRIGHT
It is the intent of the Board that all employees and students of
Pitt County Schools comply with the United States Copyright Law,
Title 17. The copying or use of copyrighted material not
specifically permitted or exempted by the copyright law, fair
use guidelines, license agreements, or explicit permission of
the copyright owner is prohibited.
The Board mandates the development of a copyright procedure
detailing copyright guidelines for the school system. The
procedure should include information on obtaining copyright
permissions and licensing and purchasing agreements, as well as
cover, but not be limited to, the following topics:
General principles
Fair use
Print materials
Library / media center guidelines
Music
Off-Air Recordings of Broadcast Programs
Rental or Home Videos
Computer Software and CD-ROM Products
System and building-level administrators shall have the
responsibility for:
Implementing the policy;
Keeping employees and students aware of the copyright law and
informing them of current interpretations of the law;
Answering questions concerning the law;
Maintaining appropriate records of permissions, agreements, and
licenses; and
Placing appropriate warning notices on or near all print, video,
and computer equipment capable of making or modifying copies.
Employees or students who willfully disregard the Copyright
Policy or its approved Procedures do so at their own risk and
assume all liability for infringements of the policy and the
law. In the case of a court action for damages, a finding of
willful infringement would relieve the School Board of paying
any fees connected with the judgment incurred in conjunction
with the lawsuit. The student or employee may be liable to the
Board for any legal damages incurred by the Board.
Procedure for Copyright
This
procedure is designed to explain how the requirements of federal
copyright law affect the employees and students of Pitt County
Schools. Any staff members or students who are uncertain whether
reproducing or using copyrighted material complies with the
district's policy or is permissible under the law should contact
the Media Specialist in their school. The Media Specialist will
also assist staff in the procedures for obtaining authorization
to copy or use protected material when such authorization is
required.
Staff members who fail to follow this procedure may be held
personally liable for copyright infringement.
1. General Principles
While the district encourages its staff to enrich learning
programs by making proper use of supplementary materials, it is
the responsibility of staff to obey the requirements of the
copyright law. The district will not be responsible for any
violations of the copyright law by its staff or students. Severe
penalties may be imposed for unauthorized copying or using of
audio, visual or printed materials and computer software.
Only copyrighted materials are subject to copying and use
restrictions. Un-copyrighted materials may be copied freely and
without restriction.
Works published prior to March 1, 1989, generally require a
copyright notice to be protected.
Because a copyright notice is not required for copyright
protection of works published on or after March 1, 1989, most
works (except those authored by the United States Government)
should be presumed to be copyright protected, unless further
information from the copyright holder or express notice reveals
that the copyright holder intends the work to be in the public
domain.
Further information on how to determine the copyright status of
a work can be found in the U.S. Library of Congress Copyright
Office Circular 22 or at http://www.loc.gov/copyright/circs/circ22.html.
2. Fair Use
Copyrighted materials may be copied or otherwise used without
the copyright owner's permission where such copying constitutes
"fair use" under the Copyright Act. Under the "fair use"
doctrine, unauthorized reproduction of copyrighted materials is
permissible for such purposes as criticism, comment, news
reporting, teaching, scholarship research. To fall within the
bounds of fair use, the duplication or modification of a
copyrighted product must meet all of the following guidelines:
THE PURPOSE AND CHARACTER OF THE USE: The use must be for such
purposes as teaching or scholarship and must be nonprofit.
THE NATURE OF THE COPYRIGHTED WORK: Single copies of the
following may be made for use in research, instruction or
preparation for teaching:
book chapters;
articles from periodicals or newspapers;
short stories, essays or poems; and
charts, graphs, diagrams, drawings, cartoons or pictures from
books, periodicals, or newspapers.
THE AMOUNT AND SUBSTANTIALITY OF THE PORTION USED: In most
circumstances, copying the whole of a work cannot be considered
fair use. (See the Print Materials section on Brevity for
guidelines as to when copying a small portion may be considered
fair use.)
THE EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR OR VALUE OF
THE COPYRIGHTED WORK: If resulting economic loss to the
copyright holder can be shown, even making a single copy of
certain materials may be an infringement, and making multiple
copies presents the danger of greater penalties.
3. Print Materials
A. 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.
B. A teacher may make multiple copies, not exceeding one per
pupil, for classroom use or discussion if the copying meets the
tests of "brevity, spontaneity and cumulative effect" as set
forth by the following guidelines. Each copy must include the
notice of copyright present in the original work.
Brevity
A complete poem, if less than 250 words and if printed on not
more than two pages, may be copied; excerpts from longer poems
cannot exceed 250 words;
b. Complete articles, stories or essays of less than 2500 words
may be copied. Excerpts of not more than 1000 words or 10% of
the work, whichever is smaller, may be copied from prose works.
Each numerical limit set forth above may be expanded to permit
the completion of an unfinished line of a poem or an unfinished
prose paragraph;
One chart, graph, diagram, drawing, cartoon or picture per book
or periodical issue may be copied.
"Special" works cannot be reproduced in full under any
circumstances. However, an excerpt of not more than two
published pages containing not more than 10% of the words in the
text of such special work may be reproduced. What constitutes a
"special" work is not clearly defined, but special works include
children's books that combine poetry, prose or poetic prose with
illustrations and are less than 2500 words in their entirety.
2. Spontaneity
Copying should be at the "instance and inspiration" of the
individual teacher, and 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.
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, essay or two excerpts from the same
author may be copied. No more than three works or excerpts can
be copied from a collective work or periodical volume during one
class term. Teachers are limited to nine instances of multiple
copying for one course during one class term. However, the
numerical limitations set forth above 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.
Notwithstanding any of the foregoing, copyright law prohibits
using copies to create, replace or substitute for anthologies,
compilations or collective works.
There shall be no copying of or from works intended to be
"consumable" in the course of study or of teaching. "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.
C. Teachers may use original copyrighted material in overhead or
opaque projectors for instructional purposes.
4. Library / Media Center Guidelines
A. A library may make a single copy (containing the notice of
copyright present on the original work) of:
1. an unpublished work which is in its collection solely for
purposes of preservation and security or for deposit for
research use in another qualified library or archives; and
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.
B. A library may provide a single copy of copyrighted material
to a student or staff member at no more than the actual cost of
photocopying. 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 present in the original work 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, and the library shall not make a copy if it has
notice of any other use.
C. The foregoing reproduction right shall not apply to:
musical works;
motion pictures or other audiovisual works (other than an
audiovisual work dealing with news); or
3. pictorial, graphic or sculptural works (other than pictorial
or graphic works published as illustrations, diagrams or similar
adjuncts to works of which copies are reproduced hereunder).
D. At the request of a teacher, copies may be made for reserve
use. The limits found in Section III, Print Materials, apply to
all such copying for teachers.
5. Music
A. For purposes of preparing for instruction, other than
performance, teachers may make a single copy of an entire
performable unit (section), movement, aria, etc. from a printed
musical work that is confirmed by the copyright proprietor to be
out of print or unavailable except in a larger work.
B. A teacher may make multiple copies not exceeding one copy per
pupil 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 selection, movement, or aria. 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, provided that purchased copies shall be substituted
in due course.
C. 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.
D. A teacher may make and retain a single copy of excerpts from
recordings of copyrighted musical works owned by the school or
the individual teacher for use as aural exercises or examination
questions.
E. 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.
F. Copying cannot be used to create, replace or substitute for
anthologies, compilations or collective works. Copying of
consumable works is prohibited. Copying for the purpose of
performance is prohibited, except in the case of an emergency as
set forth above. Copying for the purpose of substituting for the
purchase of music is prohibited, except as set forth in the
first and second paragraphs above. All copies must include the
copyright notice appearing on the printed copy.
G. 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.
H. If the requirements of the foregoing paragraph are not
satisfied, performances of non-dramatic musical works that 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
There is no direct or indirect admission charge or any admission
fees are used for educational or charitable purposes only.
However, If the copyright owner objects to the performance of a
copyrighted work, the performance must be cancelled or a
legally-binding agreement must be made with the copyright owner.
I. All other musical performances require permission from the
copyright owner.
6. Off-Air Recording of Broadcast Programs
Television programs transmitted by television stations for
reception by the general public without charge (hereinafter
referred to as "broadcast programs") may be recorded off-air
simultaneously with broadcast transmission (including
simultaneous cable retransmission) and retained by a school for
a period not to exceed the first forty-five (45) consecutive
calendar days after date of recording. Upon conclusion of this
retention period, all off-air recordings must be erased or
destroyed immediately.
Off-air recordings may be used once by individual teachers in
the course of relevant instructional activities, and repeated
once only when instructional reinforcement is necessary in
classrooms and similar places devoted to instruction, during the
first ten (10) consecutive school days in the forty-five (45)
calendar day retention period. "School days" are school session
days – not counting weekends, holidays, vacations, examination
periods or other scheduled interruptions.
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,
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 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. Permission must be
secured from the publisher before the recording can be used for
instructional purposes or any other non-evaluation purpose after
the ten (10) day period.
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 program as recorded, and the date the
recording was made must be notated on the label.
7. Rental or Home Videos
Videos may only be rented for classroom use from agencies or
companies which allow for such use. Many retail video rental
stores have strict license agreements prohibiting use with
large, non-home audiences. These restrictions may also apply to
the use of videos purchased for home use. Staff is expected to
review and honor these agreements.
8. Computer Software and CD-ROM Products
Copyrighted software may be copied without the copyright owner's
permission only in accordance with the Copyright Act. Section
117 of the Act permits making an archival back-up copy. Most
software, however, is licensed to the user and the terms of the
license agreement may give the user permission to make copies of
the software in excess of the archival copy permitted by the
Copyright Act. Each software license agreement is unique. As a
result, the user's rights to copy licensed software beyond that
permitted under the Copyright Act may only be determined by
reading the user's license agreement. Any copying or
reproduction of copyrighted software on networks or personal
computers owned by or housed in Pitt County Schools facilities
must be in accordance with the Copyright Act and the pertinent
software license agreement. Further, faculty, staff and students
may not use unauthorized copies of software on networks or
personal computers owned by or housed in Pitt County Schools
facilities.
Guidelines:
All copyright laws and license agreements between the vendor and
the district shall be observed.
Staff members shall take reasonable precautions to prevent
copying or the use of unauthorized copies on school equipment,
to avoid the installation of privately purchased software on
school equipment and to avoid the use of single copy software or
CD-ROM products across a network with multiple users unless such
use is permitted by the applicable license agreement.
A back-up copy shall be purchased for use as a replacement when
a program is lost or damaged. If the vendor is not able to
supply such, the district shall make a back-up program in
accordance with the terms of the applicable license agreement
U.S. Code Title 17 and attest that the program will be used for
replacement purposes only.
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.
For further clarification on Fair Use, see the U.S. Copyright
Office Circular 21 (http://www.copyright.gov/circs/circ21.pdf).
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