Use of Copyrighted Work in Face-to-Face Classroom
The Board of Education encourages the enrichment of the instructional program through the proper use of supplementary materials. To help ensure the appropriate use of copyrighted materials, the Superintendent, or designee, will provide district personnel with information regarding the “fair use” doctrine of the U.S. Copyright Code as detailed in the “Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals” and “Guidelines for Educational Uses of Music.”
Use of Copyrighted Works in Digital Transmissions
“Class session” means the length of time provided for students to access the materials necessary for the completion of course assignments and tests. Depending on the copyrighted work's overall importance to the course, which can vary from a single assignment to an entire course focusing on the copyrighted work, the class session will end on:
- The date set by the teacher for an assignment to be submitted; or
- The date on the school calendar for the end of classes.
“Course packs” are premade compilations of book excerpts; newspaper, magazine, and journal articles; and instructor-authored materials.
“Mediated Instructional activities” includes textbooks, workbooks, and course packs.
“Transmission” is the remote accessing, whether on or off campus, by students of a copyrighted work by means of a closed circuit television, an educational television channel, or in a digital format on a password protected secure webpage.
The District recognizes that advances in technology have resulted in the need for guidelines for the use of copyrighted materials that are transmitted to students through a digital network. While the requirements to use a copyrighted work in a digital transmission have many similarities to those required to use a copyrighted work in a face-to-face classroom, Federal law places several additional requirements on the District’s teachers, IT staff, and librarians for the use of a digitally transmitted copyrighted work. The District is dedicated to providing the tools necessary for teachers, IT staff, and librarians to meet these additional Federal requirements.
The District is working toward ensuring that servers where materials are stored are secure.
The District’s Informational Technologies staff shall develop the proper protocols and train teachers on their use in order to ensure:
- The transmission of the copyrighted work is limited to only the students enrolled in the course:
- Each student shall have a unique ID and password for accessing digital courses/materials; or
- Each course shall have a unique password to access course materials; and
- The password to access the course materials shall be changed immediately following the close of the course.
- To prevent students from retaining or further disseminating the copyrighted work for more than one class session:
- The print function will be disabled;
- A transparency shall be placed over any literary work, sheet music, or photograph;
- Audio and video transmissions will be set to be streamed; and
- The link to the webpage with a copyrighted work shall be deactivated at the end of the applicable class session.
Teachers who wish to provide copyrighted works to students through a digital transmission as part of a digital course as well as teachers wishing to supplement a face-to-face classroom course with a digital transmission must meet applicable copyright statutes and policy 5.11—Digital Learning Courses as well as the following requirements in order to use a copyrighted work:
- The use of the copyrighted work(s), whether in whole or in part, must be a part of regular classroom instruction and must be directly related and of material assistance to the course content:
- The extent of a copyrighted work that is used must comply with one or more of the following criteria:
- The entirety of a nondramatic literary or musical work may be used. A non dramatic literary work includes poems and short stories. A nondramatic musical work covers all music that is not part of an opera or musical and does not cover the use of the music video format of a song.
- Dramatic literary and musical works as well as videos may only be used in limited portions. Dramatic literary and musical works may only be used in the same amount as set forth in the requirements for a face-to-face classroom while videos, including music videos, may only have the portion used that is directly related to the subject of the class session and may not be transmitted in their entirety.
- Still images or slides that a teacher would have used in the ordinary course of a face-to-face classroom session on a projector or a transparency may be used in a transmission.
- Works primarily produced or marketed for use in the digital education market may not be transmitted.
- Works the teacher had knowledge or reasonably believes to be unlawfully made or acquired may not be used.
- Mediated Instructional activities may not be transmitted.
- A statement that works may be subject to copyright shall be placed in at least one of the following areas to provide notice to students of copyright status:
- Course syllabus;
- Home webpage for the course;
- Webpage for the particular class session; and/or
- webpage with the copyrighted work.
The teacher shall fulfill the following requirements:
- The amount converted is only the amount allowed by law; and
- The District has no digital copy of the copyrighted work available; or
- The District’s digital copy of the copyrighted work that is available has technological protections that prevent the use of the copyrighted work in the manner prescribed by law.
The District will not be responsible for any employee violations of the use of copyrighted materials.
Cross Reference: 5.11—Digital Learning Courses
Legal Reference: 17 USC § 101 to 1010 (Federal Copyright Law of 1976)
Last Revised: 12/12/17