Copyright Information
Section EGAA of the District School Board of Pasco County Policy Handbook contains copyright procedures for the utilization of video, print, audiovisual, and computer materials for educational purposes. For more information, please select the topic below.
Copyright Fair Use of Video Tapes
The following points have been established by Congress as a guide to follow for off-air video taping. The guidelines were developed to apply only to off-air recording by nonprofit educational institutions.
A broadcast program may be recorded off air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by an nonprofit educational institution for a period not to exceed the first 45 consecutive calendar days after date of recording. After conclusion of such retention, 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.
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 consecutive school days in the 45-calendar-day retention period. “School days” are school session days—not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions—within the 45-calendar-day retention period.
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 such additional copy shall be subject to all provisions governing the original recording.
After the first ten consecutive school days, off-air recordings may be used up to the end of the 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, and the recording may not be used in instruction, for student exhibition, or any other nonevaluation purpose without authorization.
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.
Educational institutions are expected to establish appropriate procedures to maintain the integrity of these guidelines.
Fair Use of Video Tapes
Off-Air Recordings
(Done at School or District Instructional Media Center - DIMC)
In order for a video tape to be legally shown under the fair-use exemption of section 110 of the copyright law, the following conditions must be satisfied:
The showing must take place in the course of face-to-face teaching activities by the instructor or a pupil.
The showing must take place during the teaching activity of nonprofit educational institution.
The showing must occur in a classroom or similar place devoted to instruction.
The video tape that is shown was recorded or acquired legally, and the person responsible for the showing should not know or have any reason to believe the tape was made or acquired illegally.
Purchased From Vendor
The same conditions listed for off-air recordings must also be satisfied when using purchased video tapes.
Since these fair-use conditions were not written specifically with regard to purchased programs used in conjunction with MATV systems, we are requesting the school include the following statement on all purchase orders for video tape programs as a condition of sales:
“Video cassette programs listed on this purchase order will be used in accordance with congressional guidelines as to their application of Section 107 Copyright Fair Use for Educational Purposes, including program distribution via closed-circuit MATV systems for multiclassroom utilization, limited to the confines of a single educational institution.”
Off-Air Taping at Home (To be used in class later)
There is no legal precedent to determine if this practice is legal; therefore, this practice will not be permitted. The act of recording a program is separate from the act of subsequently displaying a program. The law classifies school performances as “public performances,” outside the home and circle of one’s friends. Thus, a teacher who records at home and later brings a show into a classroom situation could be in violation of copyright law.
Recommended Off-Air taping Procedures
Since the use of video tapes must be a face-to-face teaching activity in the classroom, the teacher should know well ahead of time in his/her lesson plans, for example, that a certain off-air video program will be used in that lesson.
The teacher should request that the school media specialist tape the program at school. Every school has off-air taping capabilities or access to off-air taping by request through the DIMC.
“Home Video” Club School Memberships
The Congress, judges, and attorneys cannot agree on the legality of school memberships in a “home video” club; therefore, this practice will not be permitted. These clubs were designed for home use only, not public performance. A school classroom has been determined to be a public performance, which is the main reason a teacher cannot tape off-air at home and use the program in class. School memberships in such clubs is a questionable practice.
The major concern here is the appropriateness and content of program being introduced into the curriculum. Programs acquired for a school collection or the DIMC have been previewed by educators, or at least reviewed by professional journals before purchase, and have been deemed appropriate for specific grade levels.
“Home Video” Club Teacher Memberships/To be used in Class
Teachers are advised not to rent “for-home-use-only” video tapes through a personal club membership for school (public performance) use. This practice is no different than taping off-air at home and bringing to school. Tapes rented from a personal club membership have not been determined to meet fair-use guidelines and will, therefore, not be used in a classroom situation.
Television and Radio News Programs
Permissible Uses:
To record local, regional, or network newscasts.
To record interviews concerning current news events.
To record on-the-spot coverage of news events.
To distribute a limited number of reproductions of such a program on a loan basis.
Prohibitions:
Use of recorded news programs or parts of news programs to produce compilation works without written permission.
Sale of recorded news programs which include excerpts of news programs without permission.
Editing of original news program format to condense or paraphrase information.
Permissible use doesn’t apply to documentary, magazine-format, or other public affairs broadcasts dealing with subjects of general interest.
Guidelines for Books and Periodicals
Permissible Uses:
Single Copying for Teachers
A single copy may be made of any of the following by or for a teacher at his/her individual request for his/her scholarly research or use in teaching or preparation to teach a class:
A chapter from a book.
An article from a periodical or newspaper.
A short story, short essay, or short poem, whether or not from a collective work.
A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion provided that:
The copying meets the tests of brevity and spontaneity.
The copying meets the cumulative effect test.
Each copy includes a notice of copyright.
Guidelines for Music (Printed or Recorded for Rehearsal)
Permissible Uses:
Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.
For academic purposes other than performance, single or multiple copies of excerpts of works may be made provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement, or area but in no case more than ten percent of the whole work. The number of copies shall not exceed one copy per pupil.
Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)
Prohibitions:
Copying to create or replace or substitute for anthologies, compilations, or collective works.
Copying of or from “consumable works used in the course of study or of teaching, including workbooks, exercises, standardized tests and answer sheets, and like material.
Copying for the purpose of performance, except as in permissible uses.
Copying for the purpose of substituting for the purchase of music, except as in permissible uses.
Copying without inclusion of the copyright notice which appears on the printed copy.
Guidelines for Audio Recordings (Classroom Use)
Permissible Uses:
A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)
Guidelines for Audiovisual Works (Classroom Use)
Permissible Uses:
Creating a series of slides from multiple sources, such as magazines, books, encyclopedias, etc., as long as one doesn’t exceed ten percent of the photographs in any one source unless the source specifically prohibits any photographic reproduction.
Creating a single overhead transparency from a single page of a consumable workbook.
Creating multiple overhead transparencies from a variety of sources, not exceeding ten percent of the total content of any one source, unless this type of reproduction is specifically prohibited.
Excerpting sections from a filmstrip to create slides, as long as one doesn’t exceed ten percent of the entire work or excerpt the very creative essence of the work.
Reproducing selective slides from a slide series, as long as one doesn’t exceed ten percent of the entire production, excerpt the very creative essence of the work, or violate a specific prohibition for this type of reproduction.
Excerpting sections of a 16-mm film to be included in a locally produced video tape, not to be shown over cable television, not to exceed ten percent of the whole, and not excerpting the essence of the work.
Note: It is permissible to duplicate visual or audio materials of a nondramatic literary work in order to provide materials for the blind or deaf. In addition, these and other copyrighted materials may be legally transmitted to blind or deaf individuals via cable systems.
Prohibitions:
No duplication of cassette tapes unless reproduction rights were given at time of purchase.
No reproduction of musical works (i.e., records/tapes) or converting into another form for use (i.e., records to tape, cassette, or video).*
No off-air video taping of programs for retention in school collection unless cleared for instructional television by local television channels or a paid licensing fee.
No reproduction of “ditto masters” produced commercially if they are available for sale separately unless reproduction rights are stated by manufacturer.
No reproduction of any audio-visual work in its entirety.
No conversion of one media format into another (i.e., 16-mm film to video tape, slides to video tape, filmstrip to slide or video tape).
No narrating entire stories onto audio tape.
*Note: Protection under copyright is only for sounds as they exist. This doesn’t prevent a performance or recording in which sounds are imitated. Infringement occurs when all or a substantial portion of the actual sounds are reproduced. Mere imitation doesn’t constitute copyright infringement.
Guidelines for Computer Disk / Computer Software
Permissible Uses:
Making one archival copy to serve as a backup copy in case the master or working copy fails.
Use of that archival copy while a replacement disk is ordered.
Prohibitions (Unless Stated Otherwise by the Publisher for a Specific Program):
Copying for the purpose of making additional copies to be used concurrently with the master or working program.
Use of the archival or backup copy concurrently with the master or working program.
Multiple loading.
Networking.
Note 1: Many publishers of software programs provide the user with two program disks—a master (working) disk and a backup (archival) disk. Unless stated otherwise by the publisher, the backup copy is for archival purposes only; it is not intended to be used as a second copy of the program.
Note 2: Exceptions to the statement on copying would include most public domain software, personally created programs, and those certain programs which include a statement of permission by the publisher.
Note 3: The District School Board of Pasco County is a licensed member of the Minnesota Educational Computing Consortium (M.E.C.C.). M.E.C.C. programs are copyrighted material. Only the DIMC at the present time holds legal permission to copy these disks. The legal license to copy these disks at the school level has expired. If additional copies of these disks are needed, they may be ordered through the school media specialist.
Warnings of Copyright for Use by Certain Libraries and Archives
Definitions:
A “display warning of copyright” is to be displayed at the place where orders for copies or phonorecords are accepted by certain libraries and archives.
“Order warning of copyright” is to be included on printed forms supplied by certain libraries and archives and used by their patrons for ordering copies or phonorecords.
Contents:
A display warning of copyright and an order warning of copyright shall consist of a verbatim reproduction of the following notice, printed in such size and form and displayed in such manner as to comply with paragraph 3 of this section:
Form and Manner of Use:
A display warning of copyright shall be printed on heavy paper or other durable material in type at least 18 points in size and shall be displayed prominently, in such manner and location as to be clearly visible, legible, and comprehensible to a casual observer within the immediate vicinity of the place where orders are accepted.
An order warning of copyright shall be printed within a box located prominently on the order form itself, either on the front side of the form or immediately adjacent to the space calling for the name or signature of the person using the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than eight points. The notice shall be printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual reader of the form.
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials.
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.
Authority: 230.22(2), F.S.
Adopted 11/1/88
For more information about our copyright procedures,
contact the DIMC.
