CODE G2-R

SAMPLE PROCEDURES FOR IMPLEMENTING COPYRIGHT POLICY

Each staff member is required to:

1. Apply the established Board-approved fair use guidelines (G2-R - P.2 to G2-R-P.6) to the use of copyrighted materials, whether in the classroom or in their own research or in relation to their duties as an employee of the School District;
2. Instruct students, and where appropriate, subordinate staff members on the existence and application of the guidelines;
3. [Request permission from the District's copyright coordinator if a particular use exceeds the guidelines. Such permission shall be in writing and shall all the copyright coordinator no less than 14 days to reply to the request;]
4. Request permission of the copyright owner, using the standard permission form, when the use exceeds the guidelines [or when directed to do so by the Districts's copyright coordinator];
5. Place a standard notice of copyright on all student-owned materials published or distributed by the school. Such notice shall include the copyright symbol (or the word copyright), the year of creation, the student's first name, and first initial of the student's last name - e.g. © 2001 Sam S.
6. At the direction of the Principal, place a standard notice of copyright on all District-owned materials including, but not limited to curriculum guides, computer programs and websites.

Each student is required to:

1. Follow the Board-approved copyright fair use guidelines;
2. [Request permission from the District's copyright coordinator if a particular use exceeds the guidelines. Such permission shall be in writing and shall all the copyright coordinator no less than 20 days to reply to the request;]
3. Request permission of the copyright owner, using the standard permission form, when the use exceeds the guidelines [or when directed to do so by the Districts's copyright coordinator];

GUIDELINES FOR CLASSROOM COPYING FOR NOT-FOR-PROFIT EDUCATIONAL INSTITUTIONS

Single Copying for Teachers
A single copy may be made of any of the following by or for a teacher at his or her individual request for his or 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, 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 as defined below; and
• Meets the cumulative effect test as defined below; and
• Each copy includes a notice of copyright.

Definitions

1. Brevity:
   • Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.
   • Prose:( (a) Either a complete article, story or essay of less than 2500 words, or (b) an excerpt from any prose work of not more than 1000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.
     [Each of the numerical limits stated in (A) and (B) above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]
   • Illustration: (One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
   • Special works: (Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 250 words in their entirety. Paragraph (ii) above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10 of the words found in the text thereof, may be reproduced.
2. Spontaneity:
   • The copying is at the instance and inspiration of the individual teacher, and
   • The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
3. Cumulative Effect:
   • The copying of the material is for only one course in the school in which the copies are made.
   • Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
   • There shall not be more than nine instances of such multiple copying for one course during one class term. [The limitations stated in (A) and (B) above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

Prohibitions
Notwithstanding any of the above, the following shall be prohibited:

1. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.
2. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
3. Copying shall not:
   • substitute for the purchase of books, publishers' reprints or periodicals;
   • be directed by higher authority;
   • be repeated with respect to the same item by the same teacher from term to term.
4. No charge shall be made to the student beyond the actual cost of the photocopying.

GUIDELINES FOR OFF-AIR RECORDING OF BROADCAST PROGRAMMING FOR EDUCATION PURPOSES

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, vacations, 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.
5. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (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 may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
6. 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.
7. All copies of off-air recordings must include the copyright notice on the broadcast programs as recorded.

GUIDELINES FOR EDUCATIONAL USES OF MUSIC

Permissible Uses

1. 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.

2. A. For academic purposes other than performance, 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 unit able to be performed such as a section, movement or aria, but in no case more than 10% of the whole work. The number of copies shall not exceed one copy per pupil.

   B. For academic purposes other than performance, a single copy of an entire unit that can be performed (section, movement, aria, etc.) that is, (1) confirmed by the copyright proprietor to be out of print or (2) unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his or her scholarly research or in preparation to teach a class.

3. 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.
4. 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 teachers.
5. A single copy of a sound recording (such as a tape, disc or cassette) or 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 teachers. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

Prohibitions

1. Copying to create or replace or substitute for anthologies, compilations or collective works.
2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
3. Copying for the purpose of performance, except as in A(1) above.
4. Copying for the purpose of substituting for the purchase of music, except as in A(1) and A (2) above.
5. Copying without inclusion of the copyright notice which appears on the printed copy.

GUIDELINES ON SOFTWARE COPYRIGHT

Procedures for Protection of Software Copyright:

1. District employees will back-up copies of computer programs only when:
   • The new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
     • The new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
     • No copies of software shall be made when that software is used on a disk sharing system.
     • Illegal copies of copyrighted programs may not be made or used on school equipment.
     • The legal or insurance protection of the District will not be extended to employees who violate copyright laws.

       The Principal is the only individual who may sign license agreements for software for the school.

FORM: G2

SAMPLE COPYRIGHT PERMISSION FORM

(on the school's letterhead)
Permissions Department
Copyright Owner
Address

Dear Permissions Editor:

Our school is requesting permission to use the following material: [describe work including title, author,date of publication and pages you wish to use. Attach a copy of the material if possible.]. A copy is attached for your reference. Specifically, we would like to [describe how you want t use the material; e.g. reprint, photocopy, publish on-line, use in a multimedia work, etc.] We will be distributing or publishing the material [describe distribution method, the audience, length of finished publication, dates of distribution and whether any fee will be involved.]

If you are not the sole owner in the rights to this work, kindly provide information about other copyright owners including the addresses of persons from whom I should request permission.

If you wish the work to include a specific copyright notice, please include that notice below:

Sincerely,

Signature

Please sign the statement below and return in the stamped self-addressed envelope that is enclosed for your convenience. _______This request has been APPROVED, and my signature indicates that I have the authority to grant the permission requested.

_______This approval is limited in the following respects: [Add any limiting language or requirements here.] _____________________________________________________________________________

_______ The request has been DENIED.

Name (Please Print) _________________________________
Title _____________________________________________
Signature__________________________________________
Date _____________________________________________