1. Edit and simplify purchased sheet music as long as the work is not distorted.

3. Make a single copy of a performable unit when music is out of print or unavailable.

4. Copy a copyrighted sound recording for use in construction exercises or examinations.

5. Copy student performances for evaluation or rehearsal purposes, which the teacher or institution may retain.

1. Copy to avoid purchase.

2. Copy music for performance (note emergency clause above).

4. Copy to create anthologies or compilations.

5. Copy consumable materials.

The public performance of music, whether or not for profit, is a copyright infringement unless licensed.  Certain unlicensed performances of copyrighted music in schools, libraries, churches, or other nonprofit situations are not infringements. Therefore,

1. Performance of a work by instructors or pupils:

a) in the course of face-to-face teaching activities

b) of a nonprofit educational institution

c) in a classroom or similar place devoted to instruction

d) if, in the case of audiovisual materials, the copy was lawfully made.

2. Performance of a nondramatic literary work or musical work broadcast if:

a) the performance is a regular part of teaching and

b) the performance is directly related to and of material assistance to the teaching content, and

c) the transmission is primarily for:

1) classroom or a similar place devoted to instruction, or

2) the home-bound, or

3) reception by employees of governmental bodies as a part of their employment.

3. Performance of a nondramatic literary work or music without commercial advantage and without payment to performers if:

a) there is no direct or indirect admission

b) proceeds are used exclusively for educational, religious, or charitable purposes (unless the

copyright owner objects).

4. Public reception of broadcast of performance as received on regular home equipment unless:

a) a direct charge is made, or

b) the broadcast as received is further transmitted to the public.

Audio visual works include, but are not limited to, filmstrips, slides, multimedia kits, motion pictures, video games, videotapes, CD ROMs, laserdiscs, and sound recordings (in all formats).

1. Excerpt sections from a filmstrip to create slides, not to exceed 10% of the entire work.

2. Reproduce selected slides from a series, not to exceed 10% of the entire production.

3. Excerpt sections of a 16mm film to be included in a locally-produced videotape, not to be shown over cable, not to exceed ten per cent (10%).

4. Duplicate visual or audio materials of a non-dramatic literary work to provide materials for the blind or deaf.

5. Make a cassette copy of one selection from a record album, for one-time use, as background.

6. Receive satellite signals into the classroom in a planned teaching situation.

1. Use the material for a public performance unless:

a) it is part of teaching and systematic instruction or

b) transmitted for the home-bound, or

c) permission is obtained from the copyright owner.

2. Copy radio excerpts to an audio cassette tape for use in a classroom.

3. Tape the audio and/or video portion of a television documentary for use in the classroom.

5. Use outside the school copies of audio visual materials made from copyrighted originals.

6. Make a copy of copyrighted originals owned by some other school within or outside the school district.

7. Duplicate copyrighted materials obtained from the publisher for preview or evaluation.

Under certain conditions teachers may use copyrighted videotapes in the classroom. The following applies to videotapes produced and sold for purchase or rental.

1. Allow use of a videotape if used by a guest lecturer or by a pupil as part of the teaching

activities.

2. Use a videotape only if the use involves the entire audience with the teaching activity.

3. Use a videotape only if the entire audience is in same room or general area.

4. Use a videotape only in a nonprofit educational institution.

5. Use a videotape only if it is lawfully made.

6. Use a videotape in a classroom or similar place devoted to instruction.

1. Loan videotapes in the collection to students for home viewing.

2. Project a videotape through an educational institution’s electronic network (closed circuit

television), provided there are technological limitations on access to the network programs.

3. Make duplicate videotapes of a non-dramatic literary work in order to provide materials for the blind or deaf.

1. Show any copyrighted videotape for entertainment, fund-raisers, or time-fillers. This becomes a public performance which requires a license or permission and does not meet the "fair use" guidelines.  

2. Duplicate a copyrighted videotape for any commercial purpose or any activity for which admission is charged.

3. Make a copy of copyrighted originals owned by any other school within or outside the school district.

2. Retain recordings for a period not to exceed forty-five (45) consecutive calendar days following the date of recording. The recording must be erased on the forty-sixth day.

3. Use off-air recordings in the course of teaching activities and repeat the use only once when instructional reinforcement is necessary. This second showing for reinforcement must also take place in the first 10 consecutive school days of the forty-five day calendar retention period.

4. Use off-air recordings which must include the copyright notice on the broadcast program as recorded.

5. Excerpt recordings. Recordings need not be used in their entirety as long as original content is not altered.

6. Request and use recordings of programs from local instructional television (ITV) or other service providers for which the district has paid membership.

7. Request and use recordings of cable and satellite programs cleared for educational use. Accurate records of all broadcast programs recorded off-air, the length of time they can be retained, and the date the recording is to be erased must be maintained.

1. Add an off-air recording to the library collection unless it is a copy of a news program.

2. Use an off-air recording after the ten-day period expires, except for teacher evaluation purposes.

3. Record from any PAID television channel and use in a teaching situation.

1. Regularly record programs in anticipation of a teacher request.

2. Tape a single program more than once at the request of the same teacher no matter how many times the program is broadcast.

Most software is copyrighted and governed by some type of license agreement. The purchaser merely obtains the right to use the software as described by the license. It is important that the license agreement is read and understodd each time a software package is purchased. There are two situations when copies may be made of software programs. 

1) Copying the software onto the hard drive in order to run program. 

2) Making an archival copy of the program. The copy of the software may be used and the original then becomes the archival copy.

1. Adapt a copyrighted program from one computer language to another for which it is not commercially available or may add features to better meet local needs.

2. Make multiple copies of a program if the school district has acquired the licensed rights to do so.

3. Make a copy provided that the making of the copy is an essential step in using the program.

1. Load a single program into more than one machine at a time.

2. Transfer a program through a network unless authorized to do so by purchase of agreement or license with the copyright owner.

3. Make multiple copies of a program unless the building or district has acquired the right do so.

4. Make multiple copes of a program to be sold leased, loaned, transmitted, or given away to any other user.

5. Load a copyrighted program into several computers or a network from the same disk and use them simultaneously without purchasing an agreement or license.

A librarian may:

1. Lawfully make one archival copy of a copyrighted program to be retained in the library.

2. Make a copy from an archival copy only if the circulating copy has been damaged or destroyed.

Downloading involves the transmission of data from a remote or host computer to the users on-site storage device for later searching, manipulation, or storage.

A teacher, librarian or student may:

1. Download to a printer bibliographic citations or the full text of a document identified during a search of a commercial database (DIALOG, ERIC, etc.) as the terms of the schools contract with the vendors specify.

2. Use downloaded material for individual research or teaching.

These guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators or students as part of a systematic learning activity. Educational multimedia projects created under these guidelines incorporate students’ or educators’ original material, such as course notes or commentary, together with various copyrighted media formats including but not limited to, motion media, music, text materials, graphics, illustrations, phonographs and digital software which are combined into an integrated presentation.

A teacher may:

1. Perform and display their own educational multimedia projects for education uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews. 

2. Use portions of lawfully acquired copyrighted works in face-to-face instruction.

3. Incorporate as part of a multimedia program up to 10% or 3 minutes of motion media, whichever is less, in the aggregate of a copyrighted motion media work.

4. Reproduce or incorporate into a production a photograph or illustration in its entirety, but no more than 5 images of an artist or photographer in any one multimedia program. When using photographs and illustrations from a published collective work, not more than 10% or 15 images may be used, whichever is less.

5. Incorporate up to 10%, but in no event more than 30 seconds, of music, music video, or lyrics from an individual work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

6. Reproduce or otherwise incorporate as part of a multimedia program up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text materials. In no event may more than 2500 words from an author be incorporated into a multimedia program. In the case of a poem of less than 250 words, the entire poem may be used, but no more than three poems or excerpts by a poet or five poems of different authors from any anthology may be used. For poems of greater length, 250 words may be used, but no more than three excerpts by a poet or five excerpts of different authors from any anthology may be used.

7. Reproduce or otherwise incorporate as part of a multimedia program from a copyrighted database or data table up to 10% or 2500 fields or cell entries, whichever is less.

8. Perform or display their own multimedia programs created for their own curriculum-based instructional activities, which use portions of copyrighted works lawfully acquired by the educational institution, at workshops of their peers or a conference where educators are presenting works they created for their students.

9. Use portions of lawfully acquired copyrighted works in producing their own multimedia educational programs to be used for curriculum-based instructional activities provided over an educational institution’s electronic network, provided there are technological limitations on access to the network programs and on the total number of students enrolled.

10. Use their own multimedia programs, containing portions of copyrighted works incorporated under fair use and developed for educational purposes, in teaching courses for a period of up to two years after completion of the multimedia program and use with a class but use beyond that time period requires permission for each copyrighted portion in the production.

11. Replicate one copy of multimedia program for use in their own educational institution. 

12. Use their educational multimedia projects created for educational purposes for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission for each copyrighted portion incorporated in the production.

A student may:

1. Incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course. They may perform and display their own educational multimedia projects created for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews.

3. Incorporate as part of a multimedia program up to 10% or 3 minutes of motion media, whichever is less, in the aggregate of a copyrighted motion media work.

4. Reproduce or incorporate into a production a photograph or illustration in its entirety, but no more than 5 images of an artist or photographer in any one multimedia program. When using photographs and illustrations from a published collective work, not more than 10% or 15 images may be used, whichever is less.

5. Incorporate up to 10%, but in no event more than 30 seconds, of music, music video, or lyrics from an individual work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

6. Reproduce or otherwise incorporate as part of a multimedia program up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text materials. In no event may more than 2500 words from an author be incorporated into a multimedia program. In the case of a poem of less than 250 words, the entire poem may be used, but no more than three poems or excerpts by a poet or five poems of different authors from any anthology may be used. For poems of greater length, 250 words may be used, but no more than three excerpts by a poet or five excerpts of different authors from any anthology may be used.

7. Reproduce or otherwise incorporate as part of a multimedia program from a copyrighted database or data table up to 10% or 2500 fields or cell entries, whichever is less.

8. Perform and display their own educational multimedia projects created for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews.

A teacher or student may not:

1. Use copyrighted works in educational multimedia productions for commercial reproduction or distribution without seeking individual permission (licenses.)

2. Use their personally created educational multimedia programs over electronic networks to which access is uncontrolled without obtaining permissions for all copyrighted works incorporated in the program.

3. Reproduce more than one copy, or distribute copies of a project or any portions thereof to others, or when producing such multimedia programs in collaboration with other teachers or students for use beyond one educational institution without seeking individual permission for all copyright works incorporated in the program.

Example of when permission is required

1. Teachers or students must seek individual permissions before using copyrighted works in educational multimedia projects for commercial reproduction and distribution.

2 Teachers and students must seek individual permission for all copyrighted works incorporated in their personally created educational multimedia projects before replicating or distributing beyond the copies allowed.

3. Teachers and students must seek permission when using their personally created educational multimedia projects over electronic networks, except for remote instruction to students enrolled in curriculum-based courses provided over the educational institution’s secure electronic network in real-time.

IMPORTANT COPYRIGHT REMINDERS

Cannot be copyrighted even if they make up a copyrighted work. Only an author’s particular expression of those facts and ideas is protected by copyright law.

Under the new law, original works of authorship are copyright protected at the time that they are fixed in a tangible medium.

Only a limited number of copies, including the original, may be made of an teacher’s educational multimedia project. For all of the uses permitted there many be no more than two use copies only one of which may be placed on reserve. An additional copy may be made for preservation purposes but may only be used or copied to replace a use copy that has been lost, stolen, or damaged. In the case of a jointly created educational multimedia project, each creator may retain one copy but only for presentations at workshops and conferences or personal portfolios. 

Teachers and students are advised to exercise caution in using digital material downloaded from the Internet in producing their own educational multimedia programs, because there is a mix of works protected by copyright and works in the public domain on the network. Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder. It is safe to assume that each person who creates anything on the Internet owns the copyright to the creative work.  The four tests of fair use should be applied to copying material from the Internet just as with print and audiovisual materials.

Teachers and students are reminded to credit the sources and display the copyright notice and copyright ownership information for all works incorporated as part of educational multimedia projects, including those prepared under fair use. Crediting the course must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright ownership information includes the copyright notice (Ó, year of first publication and name of the copyright holder).

Teachers and students are advised that they must include on the opening screen of their multimedia program and any accompanying print material a notice that certain materials are included under fair use exemption of the U. S. Copyright Law and have been prepared with the multimedia fair use guidelines and are restricted from further use. 

Works of Art

Fair use seldom allows the reproduction of an entire copyrighted work.

Teachers and students are advised to note that if there is a possibility that their own educational multimedia program incorporating copyrighted works under fair use could later result in either a widely disseminated or a commercial product, it is strongly recommended that steps be taken to obtain permission during the development process for all copyrighted portions rather than waiting until after completion of the program. 

Teachers and students may make alterations in the portions of the copyrighted works they incorporate as part of an educational multimedia project only if the alterations support specific instructional objectives. Teachers and students are advised to note that alterations have been made.

COPYRIGHT DATES TO REMEMBER

Over the year the copyright law has been amended and the number of years that the work is protected has increased. Upon the expiration of the copyright, a work enters public domain and can be copied freely without permission. 

Length of Copyright:

1790 14 years with renewal for 14 years more (Total 28 years)

1831 28 years with 14-year renewal (Total 42 years)

1909 28 years with 28-year renewal (Total 56 years)

1976 The life of the author plus 50 years. For anonymous works pseudonymous works and work for hire - 75 years from the year of first publication, or a term of 100 years from the year of creation or whichever expires first.

1976 Omission of the copyright notice no longer resulted in immediate forfeit of rights.

1978 Copyright protection exists at the point that the original work of authorship is fixed in any tangible medium of expression, now know or later developed, form which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Copyright in a work created on or after January 1, 1978 exists from its creation and endures for the life of the author and until fifty years after the author’s death with no renewals.

1988 Protection was made available for works distributed without the copyright notice.  Deposit and registration still required to file infringement suits.

The Keene School District Board of Education, in recognizing the importance of the Copyright Law of the United States (Title 17, United States Code) hereby notifies all employees that a willful infringement may result in disciplinary action.  (Becker, 1977).

Keene Board of Education 9/89