I. Hillsborough County Public Schools: Copyrighted Materials
The Federal copyright law governs the duplication, distribution, use and display or performance of all copyrighted materials, including printed matter, audiovisual materials, television programs, computer software and the Internet. Violation of the law can subject the violator to legal action by the copyright holder resulting in the levying of fines and/or compensatory damages. Nonprofit status or public ownership does not provide a haven for the law; and public schools are subject to its provisions just as are other agencies and businesses. However, there are exemptions which provide some latitude for the use of copyrighted materials for instructional purposes under the doctrine known as "fair use." These exemptions, while helpful in facilitating instructions, do not apply for non-instructional purposes such as reward or
motivation.
A. Copyright Policies and Procedures (Section 3.08 Copyright Policies Hillsborough County Public Schools)
Policy
The District shall abide by all provisions of the copyright laws.
Commercial materials, whether printed or non-printed, may not be duplicated without prior written permission from the owner or copyright holder.
The School Board does not sanction or condone illegal duplication in any form, the use of illegally duplicated materials or the improper use of commercially duplicated materials.
Copyrighted tests and answers are not to be reproduced or transmitted in any form or by any means, electronic or mechanic, including photocopying, recording, or any information storage and retrieval system.
Procedures and guidelines for the legal duplication of materials for instructional purposes may be obtained from the school or district office.
Employees who willfully infringe upon current copyright laws may be subject to disciplinary action by the school board.
Summary of Procedurs (Section 3.08 Copyright Policies Hillsborough County Public Schools)
Principal's Responsibility:
The principal is responsible for informing the faculty regarding copyright laws.
Each media specialist shall receive training in copyright laws and serve as a resource to the principal.
Enforcement of copyright laws at a school site is the responsibility of the principal. In the event of copyright law violation, the principal may wish to contact the Department of Educational Media and Technology for additional assistance.
"Fair Use:"
1. Nonprofit status or public ownership does not provide a haven from the copyright law, and public schools are subject to its provisions just as are other agencies and businesses. However, there are exceptions that provide some latitude for the use of copyrighted materials for instructional purposes under the doctrine known as "Fair Use."
2. "Fair Use" presupposes good faith and fair dealing.
3. The courts use the following four criteria to determine "Fair Use:"
the purpose and character of the use - the use of materials for teaching or research is acceptable according to "Fair Use" guidelines
the nature of the copyrighted work - if the material is designed primarily for educational use, it is likely to fit the "Fair Use" guidelines; these "Fair use" exemptions do not apply to non-instructional purposes such as reward and motivation
the amount of the work used - if only a certain percentage of a work is used, "Fair Use" guidelines, may apply
the effect of the use upon the potential market value of the copyrighted work - if future sales of the work are negatively impacted by modification, "Fair Use" guidelines do not apply.
B. Permission to View PG-13 & R-Rated Videos
Teachers wishing to show any video rated above PG must copy the following forms:
II. Copyright Resources
The school library media specialist has a responsibility to make school administrators, teachers, and staff aware of the law and its implications. Further, the media specialist has an obligation to avoid engaging in activities which in any way expose the school and the school district to liability, and to advise the school administration of any potential violations. The media specialist should make a point of becoming informed about the law, "fair use" and the pertinent district policies and guidelines. A number of forms and publications to assist in the understanding of copyright are available to assist schools and media centers to properly interpret and operate within the guidelines.
The following publication can be consulted for information on copyright laws needed by media professionals and other instructional staff:
Becker, Gary. A Guide to information and Resources, 2003.
This online manual many be accessed through IDEAS, the district's online email program. To access this manual, open IDEAS then open the following conferences/folders: District -- Technology Help -- Copyright Information -- Copyright Manual
The password to open the manual is sdhcteacher.
Limitations & Restrictions: 1. The use of this onlinedocument is restricted to the instructional and administrative staff of the Hillsborough County Public Schools. 2. The document may not be printed in its entirety.
NOTE: If you need a copyright question answered, write to Mr. Becker at P.O. Box 951870, Lake Mary, Florida, 32795-1870 or at the FAME office. His email address is: gbecker@earthlink.net
Gary Becker, has been a national copyright law consultant since 1975 and has written columns for several magazines, as well as publishing his own copyright reference books and producing videos for information and training. He has been a presenter at numerous national and state conferences and has conducted in-service seminars for educators as well as for public library systems. He retired as Director of Instructional Media and Technology Services for Seminole County Public Schools in Sanford, Florida in June of 2007 and now works as a copyright consultant.
The following links are useful in finding information about copyright: U.S. Copyright Office - Site includes full U.S. Copyright Law, FAQs, and other information of interest to media professionals.
Motion Picture Association Anti-Piracy Policy
You may also contact the U.S. Copyright Office as follows:
U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000
(202) 707-3000
III. Copyright Policies & Guidelines Presented in a Sample School's Teacher Handbook
The Federal copyright law governs the duplication, distribution, use and display or performance of all copyrighted materials including printed matter, audiovisual materials, television programs, computer software and the Internet. Violation of the law can subject the violator to legal action by the copyright holder resulting in the levying of fines and/or compensatory damages. Nonprofit status or public ownership does not provide a haven from the law, and public schools are subject to its provisions just are other agencies and businesses. However, there are exemptions which provide some latitude for the use of copyrighted materials for instructional purposes under the doctrine known as "FAIR USE." These exemptions, while helpful in facilitating instruction do not apply for non-instructional purposes, such as
reward or motivation.
The Hillsborough County School Board has adopted the following policy regarding copyright:
A-49.1 The School Board of Hillsborough County recognizes the interests and rights of copyrighted holders as defined in Title 17 of the United States Code, and will neither authorize nor condone any violation of the Copyright Law by any employee of the Board.
A-49.2 All employees are responsible for adherence to district copyright guidelines describing permissible uses of copyrighted materials and for taking all reasonable precautions to prevent unlawful copying or use of unauthorized copies on school equipment.
A-49.3 It is the intent of the Board that its students shall be educated as to the legal and ethical issues raised by violation of the Copyright Law.
"Penalties and Liability for Infringement" (Taken from: Copyright for Schools: A Practical Guide, 2003)
Statutory fines range from $500 to $20,000 per infringement, with each individual work constituting a separate act of work infringed.
in 1992 the penalty for infringement of computer software copyright (commonly called "piracy") was raised to felony status, with fines up to $250,000
Most of the reported cases indicate that the classroom teacher or librarian is only the beginning in naming liable parties. Many suits go right up the chain of command, from librarian, to principal, to curriculum director, to superintendent to the board of education.
authors, producers and publishers are increasingly aggressive about copyright enforcement….some producers require sales representatives or employees of subsidiaries to report observed copyright infringements as part of their job responsibilities. Some of these companies even offer rewards for violations reported….Others, sometimes called "bounty hunters," make a living reporting violators and collecting rewards.
How long is a work protected?
Works created on or after January 1, 1978, are protected for the life of the author plus 50 years; a proposed revision of the law would extend that time.
Public Domain: Works created over 75 or so years ago would likely have no protection under copyright (unless a new edition has been released).
Authors who do not wish to claim their right of copyright may donate their work to Public Domain.
IV. Copyright Law Guidelines (Taken from: Copyright for Schools: A Practical Guide, 2003)
"FAIR USE" provisions of the copyright law grant…(educational) users conditional rights to use or reproduce certain copyrighted materials as long as the reproduction or use of those materials meets defined guidelines. The following are some of the more frequent issues:
A. Print Guidelines:
DO'S:
Teachers MAY make and retain single copies of materials for purposes of research, teaching or preparation for teaching. Teachers MAY make multiple copies for classroom use meeting the following: 1.ONLY one item per student (no "extra copies" are permitted). 2.Copies must be for a specific activity or discussion (not supplementary). 3.Each
copy must have a notice of the copyright holder (i.e. Copyright 1997, Linworth Publishing Company). 4.Copies must be at the "inspiration" of the actual classroom teacher.
5.No more than 9 items may be copied in multiples per course during one class term. Request permission in writing from the copyright holder for copying if you know that a particular item will be used year to year or term to term. Poems may be copied in entirety only if less than 250 words. Prose must be 2,500 words or less to be copied in entirety. Prose that is longer may have only up to 1,000 words or 10% of its whole copied.
DON'TS:
Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. (Parts copied from different books should not be put together to create a whole work, i.e. different pieces of poetry into an anthology collection). Do not copy more than three items from one periodical volume during one term. Copying may NOT be done from works intended to be "consumable."
Copying shall not substitute for the purchase of books, reprints or periodicals. Neither can it be repeated with respect to the same item by the same teacher from term to term. Graphics, once copied, may not be altered in any way. (Check guidelines for additional quantity restrictions.)
B. Audiovisual Materials (Video, etc.)
Viewing and Duplication Guidelines
DO'S:
Make sure that all audio-visual material shown to students is directly related to the curriculum, is presented face-to-face and is presented in an educational setting. Be especially aware of film ratings. Make sure that the audio-visual material is not being presented for entertainment or reward. Make sure that the performance audio-visual materials are legally acquired. Programs recorded off-air are considered to be legally acquired when recorded in compliance of the fair-use guidelines and shown within the retention time limits. If a video recording is a rental, the teacher needs to use the video/DVD in compliance with the fair-use guidelines. A video, etc., may be used for its lifetime. If it breaks or is damaged, a new one must be purchased.
DON'TS:
Do not show films or videos for reinforcement or reward. Do not make a copy of any video recording other than a personally created video production or a video recoridng previously cleared of copyright restrictions. (i.e. - you record a speaker who came to your class and you want to share a copy with another teacher or you received a recording from an agency granting reproduction rights.) Do not copy commercially produced videos without copyright holder's written approval. Do not copy off-air recordings unless it falls within its 10/45 fair use period. Also the copies are bound to the same time frame as the original. ( A tape recorded on Sunday but duplicated on Tuesday is still bound to the Sunday 10-day
performance / 45-day teacher review schedule.)
C. Recording From Broadcast Channels, Cable Or Satellite
DO'S:
The person at the point of use (the classroom teacher) is the one who must make the request for copying. The duplication or copying must happen so closely to the date of anticipated use that one could not expect a response to a request for permission. The recorded program may not be edited or altered from its original content. Copies of all off-air recordings must include all copyright information, usually included in the credits at the end of the program. Write the record date and source of program on all videos taped. Many cable and satellite programs have extended taping rights. These may be obtained from publications such as Cable in the Classroom or Satellite TV. All other tapes must be used for classroom instruction within 10 days of taping teacher review within 45 days and erased after that.
D. Multimedia Presentations
Multimedia is considered to a copyright infringement "nightmare". In creating a presentation the user is likely to deal with video, graphics, music and computer software. Each component carries its own guidelines. Some of the basic are:
Display:
Teachers may display their own works before classes, at conferences and workshops. They may retain the programs in portfolios for job interviews, evaluations and other similar uses up to two (2) years. Beyond the two-year window, permissions for EACH portion is required. Students may use their presentation in the class for which it was created. Students may maintain a portfolio for job interviews and college applications. (No retention time is noted.)
Quantity Limits:
Motion Media: up to 10 percent or three minutes, whichever is less Text: Up to 10 percent or 1,000 words, whichever is less, of a novel, story, play or long poem. Short poems less than 250 words may be used in their entirety. Only three poems by one poet or
five poems by different poets from an anthology may be used. Music, lyrics, and music video: Up to 10 percent but not more than 30 seconds from a single work. If a video clip has music in the background and you can't separate the music from the visual, you will be restricted by the 30-second limitation for music. Illustrations, cartoons and photographs: A work may be used in its entirety but only if no more than five (5) images from a single artist or photographer are used. In addition, if images are taken from a single collective work, no more than 10 percent or 15 images may be used. Numerical data sets (computer databases or spreadsheets): Up to 10 percent or 2,500 fields or cells, whichever is less may be used from a copyrighted database.
E. Computer Software And Related Technology Guidelines
License vs. Copyright While most software is copyrighted, the purchase and installation of software is governed by a license agreement. There are several types of license agreements:
Limited Site License: grant the purchaser the right to install or duplicate a specified number of copies (Site licenses are generally specified on purchase orders, hence are legal and binding contracts between the purchaser and the producer.) Site License: Grants the purchaser the right to install the program on an unlimited number of computers. Single-User Programs: purchase of one program allows installation on one (1) machine only. This includes any item from Windows or System 7 to actual programs such as Microsoft Works, etc. Violation of law occurs when more than installation is made. Making more than 10 installations or copies immediately raises the penalty for infringement to up to $250,000 in fines and up to five years in prison on felony charges. Multiple Loading: A one diskette program may be used by the RAM on one computer then the diskette can be moved to additional units. When the computer is turned off, the program is not stored on the hard drive. This should be considered a violation of copyright unless specifically mentioned as an acceptable practice by the software company.
Network License: One copy of the software is licensed to allow multiple computers to share an installation.
F. Recommendations For Handling Computer Software:
Maintain copyright and license records on all programs in the building. If a site license or network copy was ordered, retain a copy of the purchase order as proof of contract. (This is currently maintained in the media center. It is therefore important that ALL SOFTWARE come through media for processing.) Make one archival copy of each program and store it. Do not use or circulate the archival copy. (The discs should be "write protected" prior to creating the duplicated
installation copy.)
G. Computer Software Lending Policy
According to the law, an academic library may lend software to patrons with the understanding that every patron will abide by the legal requirements.
The media center maintains a collection of computer software that comes with a variety of licenses. Each piece is labeled according to guidelines.
Multiple Users Licensed: If this is noted, you may install the program on your computer after checking the number of allowable installations remaining and registering your installation by BPI number of computer. Single User Software: If you check out a single user program, you may install it on your computer and retain the software on a checked-out basis until you have completed using the program. Upon return of the discs and documentation package, you must
DELETE THE PROGRAM FROM YOUR HARD DRIVE. Lab Packs that Require Installation and run CD's: According to several software companies, if a startup installation is required and the use of a CD is mandatory to complete operation of the program, you may do the startup portion of the installation and allow it to remain on your computer. The CD from the lab pack will provide the licensed use control. DO NOT copy the CD to your hard drive.
Additional issues arising from the newer technologies include SCANNERS (consider these to be the same as photocopying) and SATELLITE AND DISTANCE LEARNING. If you find yourself in a query about there uses, you will find a complete coverage of the law in the Media Center.
The media staff is obligated to adhere to all copyright guidelines.
V. Internet Student Use Internet use by students should be for school-related assignments or activities only. School computers must not be used simply to surf the Internet, for playing games, or for reading e-mail.
Student Internet Access Guidelines
Internet access is coordinated through a complex association of government agencies and regional, state, and local networks. The operation of the Internet relies heavily on the proper conduct of the users who must adhere to strict guidelines.
(1) Acceptable Use - The use of telecommunications must be in support of educational goals and policies of Hillsborough County School Board. Use of other computing resources must be consistent with School Board policies. This includes, but is not limited to: copyrighted material, threatening or obscene material or material protected by trade secret.
(2) Privileges - The use of the Internet is not a right, but a privilege, and inappropriate or irresponsible use may result in cancellation of that privilege. Each individual who is permitted access directly will receive information pertaining to the proper use of the Internet.
(3) Responsible Use - You are expected to abide by the generally accepted rules of network etiquette. Be polite. Do not use vulgar or obscene language. Students should never reveal their private addresses or phone numbers or those of others. Adults should also exercise caution in revealing name and address information over the network. Electronic mail is not guaranteed to be private. Do not disrupt the network, the flow of data or other users.
(4) Warranties - The School District of Hillsborough County makes no warranties of any kind, whether expressed or implied, for the service it is providing. The District will not be responsible for any damages you suffer including loss of data. The District will not be responsible for the accuracy or quality of information obtained through this Internet connection.
(5) Security - Security is a high priority. If you should identify a security problem, you must notify an administrator immediately. Do not show or identify the problem to others. Do not use another individual's account. Attempts to log on as another user will result in cancellation of privileges. Any user identified as a security risk or having a history of problems with other computer systems may be denied access.
(6) Vandalism - Vandalism may result in cancellation of privileges. Vandalism is defined as the malicious attempt to harm or destroy the data of another user, the Internet, … or other networks. This includes the creation of, or the uploading of, computer viruses on the Internet or the host site or disruption of data flow.
(7) Exception of Terms and Conditions - All terms and conditions as stated in this document are applicable to all users of the Internet. These terms and conditions reflect an agreement of the parties and shall be governed and interpreted in accordance with the laws of the State of Florida and the United States of America.
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