Copyright Policy

Reprinted and used by permission of Jefferson County Schools, Golden, Colorado

Note: When using any copyrighted materials under fair use or with permission, the source must be cited.

Copies of PRINT Materials

PERMITTED

• for study or teaching, single or multiple copies of score excerpts
• IF…..
o excerpts do not constitute a perform-able unit such as a movement or aria
o editing purchased copies for simplification
o character of work is not changed
o lyrics are not changed
• single recording of performances by students made for evaluation or rehearsal purposes
• copy of recording for purposes of aural testing
• portion of commercial music played as background in student media project for an assignment or instructional presentation
(see Multimedia Fair Use, later in this document)

MULTIPLE Print Copies for Classroom/Instructional Purposes

PERMITTED (See Note)

• complete poem less than 250 words (not more than 2 pages)
• excerpt from long poem not to exceed 250 words
• article, story, or essay less than 2,500 words
• excerpt (from above) less than 1,000 words or 10% of total, whichever is less
• one chart, graph, diagram, picture, or non-syndicated, non-copyrighted cartoon per book or periodical
• works combining prose, poetry, etc., less than 10% of whole
• IF…..
o copying is for one course only
o insufficient time to request permission
o one work from a single author
o less than 3 authors from collective work
o 9 or fewer instances of multiple copying per term
o copying not used to create or replace anthologies
o same copying not repeated next term
o students not charged beyond photocopy-ing fees
• classroom quantities of current news articles unless individual news articles are “Used by Permission” or reproduction is prohibited

Note: All multiple copying must be at the inspiration of the individual teacher and the decision to use the material so close to the date needed for instruction as to preclude securing copyright permission from the copyright holder. (Form available for requesting permission.)

NOT PERMITTED*

• using/making multiple copies of same material semester after semester
• creating “anthologies” of copyrighted works
• copying workbooks and other works meant to be used once by one student (consumables)
• copying shall not be directed by higher authority
• copying more than one or two excerpts from a single author during one class term
• copying from workbooks, tests, or other consumables
• copying a blackline master beyond the original purchase agreement
• multiple copies of copyrighted materials outside classroom/educational use, i.e. parent newsletters

Big Book and Picture Book Copies

PERMITTED (See Note)

• one illustration per book
• two pages per book as long as they don’t comprise more than 10% of the book

Note: Any letters granting additional permission will be kept on file by the librarian

NOT PERMITTED*

• copying “just” the text from a big book or picture book
• making a recording of someone narrating a big book or picture book

AUDIOVISUAL Materials Duplication

PERMITTED

• making one overhead transparency of one page of
one workbook
• enlarging a map with a projector for tracing but not duplicating color scheme, symbols, etc.
• copying non-dramatic literary, audiovisual works for use by blind or deaf individuals

NOT PERMITTED*

• copying audio or video recordings for archival or backup purposes **
• reproducing musical works or converting from one form to another (cassette to CD)
• copying any audiovisual work in its entirety (except off-air recording)
• converting from one medium format to another (VHS to DVD)
• recording the text of a book or textbook onto an audiocassette

MUSIC: Copies and Performance

PERMITTED

NOT PERMITTED*

Video: Educational/Instructional NETWORK Off-Air Recording

PERMITTED

• may record network program OFF-AIR
• IF…..
o program is requested by a teacher
o program is recorded in its entirety (need not be used in its entirety)
o program is used for instructional purposes, or face-to-face teaching, not for entertainment, filler, or public performance
o program is shown once and may be repeated once per class by individual teacher during first 10 consecutive school days after broadcast
o after first 10 consecutive school days, program is used only for evaluation by teacher
o program is not retained beyond 45 calendar days from broadcast

NOT PERMITTED*

• video recording in anticipation of requests
• showing for motivation, filler, or entertainment purposes
• showing a program after 10 days
• retaining a program longer than 45 days
• recording a program at home, using in the classroom, and subsequently retaining in personal collection

Video: Educational/Instructional: CABLE Off-Air Recording

PERMITTED

• may record programs according to cable network guidelines
• may show cable programs as they air within a building as long as programs are used in face-to-face teaching and are of an instructional nature

Note: Educators may use cable magazines, such as Cable in the Classroom http://www.ciconline.org/ for varying copying/retention rights of individual programs.

NOT PERMITTED*

• may not record programs (CNN, Discovery, History Channel, etc.) unless prior approval or license obtained from cable network*
• may not make copies from off-air recordings of cable or satellite programs without permission
• may not show programs of a musical or dramatic nature for entertainment

Video: Cable and Network Off-Air Recording AT HOME

PERMITTED

• may record program at home and bring to school to use but all educational guidelines must be followed
• may show recording if above criteria are followed and if recording is legally made

NOT PERMITTED*

• individual who recorded program may not retain it beyond the allowed retention rights (45 days, one year, etc.) if used at school

Video: PURCHASED

PERMITTED

• showing purchased videos for curriculum-supported, face-to-face instruction
• showing videos through closed-circuit systems to only the classes which meet fair use requirements above

Note: When ordering, if an educational version is available at a greater price than home use only version, that copy must be purchased

NOT PERMITTED*

• showing purchased video for entertainment, reward, rainy days, filler, or non-instructional purposes
• showing rental videos
• showing videos through closed-circuit systems for entertainment or reward

Note: Performance rights may be acquired for some videos at time of purchase; it is then legal to show such videos for non-instructional events. A movie license may also be purchased for this purpose.

Video: SATELLITE TRANSMISSIONS

PERMITTED

Note: Recording and making copies from a satellite transmission will depend on the contractual agreement with the satellite company.

Note: When ordering, if an educational version is available at a greater price than home use only version, that copy must be purchased

NOT PERMITTED*

• copies of motion pictures, other AV works, choreographic works and pantomimes for entertainment

Software

PERMITTED

Note: The license agreement that accompanies each software application specifies use restriction, and duplication rights.

NOT PERMITTED*

• any violation of use restrictions as specified by license agreement which accompanies each specific applicatio

Databases

PERMITTED

• may download searches

NOT PERMITTED*

• downloaded documents from searches should not be retained • downloaded material may not be used to create a derivative work

Musicals, Dramatic, and Non-Dramatic Performances

PERMITTED

• school chorus, band, orchestra, and dance/drill team performances open to the public
• dramas and school musicals in accordance with licensing/royalty agreement
• admission charge in accordance with licensing; all proceeds must return to the school program

Forms are available for requesting permission for the following (in administrative offices or from the Copyright Permissions folder emailed to you by request to the administrative offices):

1) Permission to create a CD (mechanical right)
2) Permission for © music in original video (sync right)
3) Permission to copy drama or musical drama video (See note at right.)

NOT PERMITTED*

• public performances of dramas or musicals transmitted over cable to classes
• recording of vocal or instrumental concerts or dramatic presentations and then giving or selling recording to parents, students or public
• admission charge if any performers are paid

Important: Please retain two copies of the completed permissions request form: one in your files; the other should be submitted to the OCS principal or Academic Dean, as appropriate

Multimedia Fair Use

PERMITTED

• teacher or student-developed multimedia projects incorporating copyrighted works for use in classroom only

Note: Students may keep their work indefinitely; teachers may keep their work for only two years.

• IF: the following limitations are observed:

o Motion media
 use of up to 10% or 3 min., whichever is less, of an individual program

o Text
 up to 10% or 1000 words, which-ever is less; short poems less than 250 words may be used in their entirety

o Music
 up to 10% but no more than 30 sec. from a single work (or combined from separate extracts of a work)
o Illustrations, cartoons, photographs
 no more than 5 images from a single artist or photographer, no more than 10% or 15 images from a single collective work

o Numerical data sets
 up to 10% or 2,550 fields or cells whichever is less

Note: A form for requesting permission for copyrighted materials beyond fair use is available in the administrative offices or from the “Copyright Permissions” folder which can be emailed to you on request to the administrative offices.Important: Please retain two copies of the completed permissions request form: one in your files; the other should be submitted to the OCS principal or Academic Dean, as appropriate

NOT PERMITTED*

• teacher or student-developed multimedia project incorporating copyrighted works for use in displays, festivals, parent meetings or other public events without additional permission

Internet

PERMITTED

• downloading of public domain materials
• fair use of copyrighted materials (see above)

Note: Permission for copying or downloading from the Internet should be directed to the contact or webmaster on the website.

NOT PERMITTED*

• uploading copyrighted software to Internet for downloading
• downloading unlicensed music from the Internet
• collecting materials from the Internet and compiling them into a new work

Digital

PERMITTED

Note: Digitizing (i.e. scanning) any copyrighted media requires permission*

NOT PERMITTED*

• digitizing a copyrighted slide collection
• scanning copyrighted materials (magazine photograph, cartoon illustration, etc.) without permission

Digital

PERMITTED

• one graphic per book or periodical;
• multiple copies of a single graphic
• IF…
o copying is at the instance/inspiration of teacher
o copy is for only one course in the school
o there are not more than nine occurrences of multiple copying for that course
o not more than one graphic is copied per book or periodical

NOT PERMITTED*

• adaptation of a popular cartoon character for the school mascot, school mural, program covers
• copying an image from a coloring book for a worksheet
• making stuffed animals of popular picture book characters
• scanning or photocopying a cartoon into school newsletters, worksheets or school sponsored products such as t-shirts, etc.

Trademarks

PERMITTED

• classroom use for instruction or assignment
• IF…
o factual
o descriptive
o nominative
o comparative

NOT PERMITTED*

• any use which would imply endorsement or sponsorship of the registered business, product or group
• any use on school-sponsored products such as t-shirts, etc. This would include collegiate logos and trademarks

* If additional permission is needed, please contact the copyright holder.
** Libraries are allowed additional rights as in the case of electronic reserves.