Purpose
The School Board recognizes that the United States Code makes it illegal for anyone to duplicate copyrighted materials without permission.

Authority
The illegal use of copyrighted materials by students and staff is prohibited. All copying of audio, visual, or printed materials will be subject to “fair use” guidelines, copyright law, licenses or contractual agreements, or the permission of the copyright proprietor. Staff members who fail to follow this policy may be held personally liable for copyright infringement.

Definition
Under the “fair use” doctrine, reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research. If duplicating or changing a product is to fall within the bounds of fair use, these four standards must be met for any of the foregoing purposes:

1. The Purpose and Character of the Use. The use must be for such purposes as teaching or scholarship and must be nonprofit.
2. The Nature of the Copyrighted Work. Staff may make single copies: book chapters for use in research, instruction or preparation for teaching; articles from periodicals or newspapers; short stories, essays or poems; and charts, graphs, diagrams, drawings, cartoons or pictures from books, periodicals, or newspapers in accordance with these guidelines.
3. The Amount and Substantiality of the Portion Used. Copying the whole of a work cannot be considered fair use; copying a small portion may be if these guidelines are followed.
4. 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.

Permitted Copies
Multiple copies, not exceeding more than one per pupil, may be made 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.

Brevity

1. A complete poem, if less than 250 words and two pages long may be copied; excerpts from longer poems cannot exceed 250 words.
2. Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1,000 words or 10% of the work, whichever is less may be copied; in any event, the minimum is 500 words.
3. Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph.
4. One chart, graph, diagram, drawing, cartoon or picture 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.

Spontaneity
Should be at the “instance and inspiration” of the individual teacher

Cumulative Effect

1. 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.
2. A library or archive may reproduce one copy or recording of a copyrighted work and distribute it if: the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; the collection of the library or archives is open to the public, or available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and if the reproduction or distribution of a work includes a notice of copyright. Libraries and their employees are not liable for unsupervised use of photocopying equipment provided that the machines display a notice that making copies may be subject to the copyright laws.
3. Copies of materials for “face-to-face” teaching activities involving performances or displays made by students or instructors, religious services, live performances without commercial advantage, and the use of instructional broadcasts are permitted.

Prohibited Copies

1. The Act 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. Administrators and 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. Students cannot be charged more than actual cost of photocopying.

2. Schools must be licensed to play copyrighted music where the performer is paid or an admission is charged even if the admission is used to cover refreshment costs.

Broadcasts – “Off-Air” Material

The guidelines in this section were developed to apply only to off-air recording by non-profit educational institutions.

1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. “Broadcast programs” are television programs transmitted by television stations for reception by the general public without charge.
2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. “School days” are school session days-not counting weekends, holidays, vacation, examination periods, or other scheduled interruptions-within the forty-five (45) calendar day retention period.
3. 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.
4. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
6. After the first ten (10) consecutive school days, the only use that can be made of the recording is for evaluating the quality of the program. This evaluation is to be used to determine the likelihood of using programs in the series or in purchasing a copy of the program.
7. Off-air recordings need not be used in their entirety. The sequence of use must follow the order of the program and the recording may not be altered and the entire program must be taped.
8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
9. The Superintendent, through his appropriate administrators, will establish appropriate control procedures to maintain the integrity of these guidelines.

Use of Commercially-Produced Programming
The guidelines in this section apply to commercially produced films, discs and video, which have been purchased or rented by the school district or an employee. Performances and displays of video/film/discs must adhere to the following guidelines:

1. Performances and displays must be made from legitimate copies.
2. Performances and displays must take place in the classroom or similar place devoted to instruction with a teacher or instructor present.
3. Performances and displays must be part of a systematic course of instruction and not for entertainment, recreation or cultural value.
4. Performances and displays must be given by the instructors or pupils.
5. Performances and displays must be given in classrooms or other places devoted to instruction and not transmitted by broadcast or cable television.
6. Performances and displays must be part of the teaching activities of a non-profit educational institution.
7. Attendance at performances and displays is limited to the instructor, pupils, and guest lecturers.

Use of Leased/Licensed Commercially-Produced Programming

1. The guidelines in this section apply to commercially-produced films, discs and video which have been leased by the school district, or made available through the Intermediate Unit, or those titles which have been licensed for use of the school district by the holder of the copyright.
2. In all cases, the teams of playback and any limitations on type of broadcasts (i.e., number, closed-circuit, open-circuit, able, etc.) shall be clearly established by the copyright.
3. Once established, some form of written licensing agreement shall be provided to the school district.
4. The Superintendent, through his appropriate administrator(s) shall determine that all titles made available for classroom or community use in this fashion be closely regulated in terms of their lease/licensing agreement.