DISTRIBUTION: All Schools and Offices
ROUTING : Administrators, Teachers, Library Media Personnel, School Administrative Assistants, Technology Coordinators
SUBJECT: BULLETIN NO. M-43 (Rev.) COMPLIANCE WITH THE 1976 UNITED STATES COPYRIGHT LAW
DATE: May 18, 1998
DIVISION: Instructional Services
APPROVED: CARMEN N. SCHROEDER, Interim Assistant Superintendent
For further information, please call Janet Minami, Director, Media Services, at (213) 625-6971; Victor Lamkay, Director, Instructional Television Services, at (213) 625-6958 x8504; Sue Quinn, Supervisor, Audiovisual Services, at (213) 625-6982; and Andy Rogers, Coordinator, Information Technology Division, at (213) 633-1622.
This revision replaces Office of the Associate Superintendent, Instruction, Bulletin No. 43 (Rev.), with the same title, dated September 17, 1990. The content has been revised to reflect current District policy and updated to address new technological issues.
I. DISTRICT POLICY
The Los Angeles Unified School District and all its employees are subject to the pro-visions of the Copyright Act of 1976. Teachers, administrators, library media teachers, and other District personnel will take an active role in assuring compliance with the United States copyright law and congressional guidelines.
The District does not sanction illegal use or duplication in any form. Unlawful copies of copyrighted materials may not be produced or used on District-owned equipment, within District-owned facilities, or at District-sponsored functions. Employees who knowingly and/or willingly violate the Districts copyright policies do so at their own risk and may be required to remunerate the District in the event of a loss due to litigation.
II. RESPONSIBILITIES OF DISTRICT PERSONNEL
Principals or administrators are responsible for establishing procedures that will enforce the copyright law at the school or office site. They are to present copyright policies to staff members periodically as a reminder of their rights and responsibilities under the law. Attachment A provides sample scenarios to stimulate discussion.
Personnel in charge of photocopying machines and recording devices are to ensure that those who use the equipment are aware that it is illegal to infringe upon copyright. A notice entitled "Warning Concerning Copyright Restrictions" is required by law to be displayed prominently at places where orders for copies of materials are accepted by libraries or archives. The wording and format of the notice required by law appear in Attachment B. This notice is also required by law on any form that is used to request copying service. A sample order form and the legal notice to be used appear in Attachment C.
The following notice is to be posted on videorecorders and computers to educate and warn personnel about the existence of the copyright law: MANY VIDEOTAPED MATERIALS AND COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT, 17 U.S.C. SECTION 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.
All school sites and work locations must maintain a file of their computer software site license agreements.
The U.S. joined the Berne Convention, an international copyright treaty, in 1989. Since Berne does not require formal copyright notices on works, the U.S. no longer requires it. This means that works should be considered copyrighted if they are fixed in a tangible medium even if no copyright notice is included unless you know for sure that they are in the public domain, i.e., they are no longer under copyright protection or never have been copyrighted. For example, Shakespeares Romeo and Juliet is in the public domain. However, a rendering of the play in modern English, unless you know it is in the public domain, should be considered copyrighted even if there is no copyright notice. A work may be literary, musical, dramatic, pantomime, choreographic, pictorial, graphic, sculptural, motion picture, other audiovisual, sound recording, or architectural.
A related topic to consider is public domain works incorporated into copyrighted works. The public domain sections of the work may be used; the copyrighted materials may be used only in accordance with the Copyright Acts provisions, e.g., Section 107, fair use. Example: In an annotated version of Romeo and Juliet, the actual, original play is still in public domain and may be used. The annotation, however, may be copyrighted. If the annotation is copyrighted, it may only be used within the laws limits such as fair use.
IV. FAIR USE
Section 107 identifies four criteria for judging fair use of copyrighted works for purposes such as criticism, scholarship, research, and teaching:
To further clarify these criteria, various fair use guidelines have been formulated and approved by various publishers, producers, and educational organizations. These guidelines are not part of the Copyright Act, but do serve as indicators of acceptable, "safe harbor" usages.
V. FAIR USE GUIDELINES FOR CLASSROOM COPYING: BOOKS AND PERIODICALS
A. Single Copies for Teachers
For the purposes of scholarly research, teaching, or preparation to teach a class, a teacher may make a copy (or request a copy be made) of a book chapter; periodical/newspaper article; short story, short essay, or short poem; or a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
B. Multiple Copies for Classroom Use
Multiple copies, i.e., one copy per pupil in a class, may be made by or for the teacher presenting the course for classroom use provided that the copying meets the tests of brevity, spontaneity, and cumulative effect and includes a copyright notice.
3. Cumulative effect
VI. FAIR USE GUIDELINES FOR MUSIC
A. Permissible Uses
1. Emergency copying for an imminent performance provided purchased replacement copies shall be substituted in a timely manner.
2. Multiple copies (i.e., one per student) of excerpts not constituting an entire performance unit or more than 10% of the whole work.
3. Purchased sheet music edited or simplified provided the character of the work is not distorted or the lyrics altered or added if none existed.
4. A single copy of a recorded performance by students to be retained by the school or individual teacher for evaluation or rehearsal purposes.
5. A single copy of a recording of copyrighted music owned by the school or an individual teacher for constructing exercises or examinations and retained by the school or the teacher.
1. Copying to create, replace, or substitute for anthologies, compilations, or collected works.
2. Copying works intended to be consumable, e.g., workbooks, exercises, standardized tests, and answer sheets.
3. Copying for the purpose of performance, except in emergencies as noted above.
4. Copying to substitute for purchase of music.
5. Copying without inclusion of the copyright notice on the copy.
VII. FAIR USE GUIDELINES FOR OFF-AIR VIDEOTAPING
A. Broadcast Television
B. KLCS-TV, Channel 58
For information about broadcasts for which the District has secured copyright clearance or longer retention rights, please refer to the Catalog of Instructional Television Programs and Services or call Victor Lamkay, KLCS TV, Channel 58, at 213/625-6958.
C. Cable Broadcasts
For information about cable broadcasts check, e.g., Cable in the Classroom, for rights and restrictions.
VIII. GUIDELINES FOR THE USE OF VIDEOTAPES AND FILMS
For videos and films rented, sold, or taped at home, copyright law provisions and District policies must be followed.
IX. GUIDELINES FOR THE USE OF COMPUTER SOFTWARE
X. FAIR USE GUIDELINES FOR EDUCATIONAL MULTIMEDIA
NOTE: Adopted September 27, 1996, by the U.S. House of Representatives, Subcommittee on Courts and Intellectual Property, as a nonlegislative report. These guidelines refer to multimedia projects created by students and teachers for their own use to meet specific instructional objectives.
In general, the portions used must be from lawfully acquired copyrighted works. The multimedia projects created incorporate the copyrighted material with the students or teachers original materials. Other fair use guidelines may apply in specific cases, e.g., those for off-air taping.
1. May incorporate portions of lawfully acquired copyrighted works into their multimedia projects for a specific course.
2. May perform and display these projects in the course for which they were created.
3. May keep them in their portfolios as examples of their academic work.
4. Need to follow the copyright guidelines.
5. The portion limitations apply cumulatively to each students project(s) for the same academic semester, cycle, or term.
1. May incorporate portions of lawfully acquired copyrighted works into multimedia programs they create to support their curriculum-based instructional activities.
2. May perform and display these programs to students in face-to-face instruction or as assigned, directed self-study.
3. May perform or display these programs at workshops and conferences for their peers.
4. May retain a copy of these programs for their personal portfolios.
5. The portion limitations apply cumulatively to each teachers project(s) for the same academic semester, cycle, or term.
C. Time, Portion, Copying, and Distribution Limitations
Teachers may use their educational multimedia projects for teaching for up to two years after the first instructional use with a class. After that, permission must be obtained for each copyrighted portion included in the program.
3. Copying and distribution
Teachers may make no more than two copies of their multimedia programs, only one of which may be placed on reserve in, e.g., the library media center or computer lab. An archival copy may be made, but only used or copied to replace a lost, stolen, or damaged copy.
4. Ask for permission
XI. GUIDELINES FOR USE OF THE INTERNET
XII. REQUESTING PERMISSION TO USE COPYRIGHTED MATERIALS
Beyond the limits of fair use, educators must request permission to use copyrighted materials. Most copyright owners will grant permission for one-time use of parts of their works without charge or upon payment of a minimal fee. Blanket permission should not be requested. Such permission cannot, in most cases, be granted. A sample request for permission appears in Attachment E.
# # #
Q. A teacher wants to load a computer program on all the computers in the school's computer lab for a special lesson. Is this permissible?
A. No. To load a software program on all the lab's computers requires a site license, lab pack arrangement, or permission from the copyright owner.
Q. A workbook accompanies the textbook adopted for use in a class. May the teacher make class sets of several pages of the workbook?
A. No. Copying consumables is prohibited under the fair use guidelines.
Q. Knowing that graphics help capture attention, a teacher includes an appropriate strip from "Zits" (a copyrighted comic strip) on an assignment sheet. Is this permissible?
A. Not without permission from the comic strips copyright owner. However, graphics from "PrintShop" and similar clip art programs may be used.
Q. May a teacher caption a television show taped off the air?
A. Not without permission of the copyright owner.
Q. May a teacher show a videotape labeled "home use only" to a class? At an assembly?
A. Teachers may show videotapes labeled "home use only" in class as long as the video is part of a systematic course of instruction and not for recreational, entertainment, or fund-raising purposes.
Q. The school purchases an instructional program that includes audiocassettes. May a back up copy of the audiocassettes be made?
Q. Tonight, ABC is airing a special about World War I. May a teacher request that the show be taped off-the-air for use tomorrow in class? May the history department chairperson request the show be taped off-the-air in case someone in the department wants to show the special at a later date?
A. As per the fair use guidelines, a teacher may request that a program broadcast for reception by the general public be taped off-the-air for use within the first 10 consecutive school days of the 45-day retention period. The history department chairperson may not request the taping "just in case" someone might want to show it.
Q. Tonight, the History Channel is airing a special about World War I. May a teacher request that the show be taped off-the-air for use in class later in the week?
A. No. The History Channel is a subscription-basis channel. It does not broadcast programs for reception by the general public.
Q. A teacher finds a chart in Newsweek that fits in nicely with a unit to be covered next semester. May the teacher make a class set of the chart?
A. No. This does not meet the "spontaneity" requirement of the fair use guidelines for multiple copies for classroom use. In this case, the teacher has enough time to contact Newsweek and request permission to use the chart.
Q. To avoid problems connecting to World Wide Web sites during actual class time, the schools technology coordinator copies the contents of requested sites onto the schools server. Is this practice permitted?
Q. A teacher wants to enlarge a book cover illustration for a bulletin board decoration. May the teacher do so using an opaque projector?
A. No. The book cover illustration is copyrighted.
WARNING CONCERNING COPYRIGHT RESTRICTIONS
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
LOS ANGELES UNIFIED SCHOOL DISTRICT SCHOOL
ORDER FOR PHOTOCOPY OR REPRODUCTION OF INSTRUCTIONAL MATERIALS
Department: ____________________ Room No. ____________
Date needed: ________________________ (one day lead time required)
Deliver to: _______________________________________________
|TYPE OF COPY||NO. OF ORIGINALS||QUANTITY OF EACH|
Specifications for materials: Collated _____ Folded _____ Stapled _____ Punched _____
Other specifications: ___________________________________________________________
Original material is copyrighted? Yes _____ No _____
Permission to copy is needed? Yes _____ No _____
The following notice warning of copyright restrictions is required on this form by Section 201.14 or Part 201 or 37 CFR Chapter II of the copyright law:
WARNING CONCERNING COPYRIGHT RESTRICTIONS
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
Instructors signature: _______________________________________
LOS ANGELES UNIFIED SCHOOL DISTRICT SCHOOL
RECORD OF OFF-AIR RECORDING
PROGRAM TITLE: _______________________________________________________
REQUESTED BY: ________________________________________________________
TIME PROGRAM WILL AIR: _____________
Recording must be used within 10 school days as stated in Section VII of Bulletin No. M-43 (Rev.), Deputy Superintendent, Curriculum and Instruction, issued May 18, 1998. The usage dates for this video are between ___________________ (date) and _____________ (date), unless other arrangements have been made with the copyright holder.
Recorded by: ______________________________________
Erased by: ______________________________________
SAMPLE FORM (reduced}
(School or Office Letterhead)
Permission is requested to copy the following copyrighted materials for use during the semester/track in my ____________________ class at ______________ School (or Office):
Thank you for consideration of this request. For your convenience, enclosed is a copy of this request for your files and a stamped, self-addressed return envelope. Please notify me if there will be a charge for granting permission to duplicate the material.
Name of faculty or staff member
Title of material __________________________________________________
Permission granted _____ Permission denied _____
Conditions or details (if any) ____________________________________________________
Signature ______________________________________ Date __________________