Kerman Unified School District

Copyright laws do allow teachers some uses of some copyrighted materials. However, the educational exemption only applies if:

1. The copyrighted material is used in a classroom or school library.
2. The material is used as a part of face-to-face instruction with students. A teacher must be in charge and the material must relate directly to the subject being taught.
3. The material must be legally acquired. (Purchased, rented, or borrowed from a library.)
4. The use does not affect the potential market or value of the copyrighted work.

In all cases, teachers should give credit to the owner of the copyright or the author and ask for permission before using a work if there is time.

Other staff: The educational exception ("fair use") does not apply to staff meetings, workshops for parents or teachers, or any other use outside of the classroom with students.  In other words: 

It is illegal to use copyrighted material without permission anywhere except in the classroom with students as part of the curriculum.

All users: Books, Magazine Articles, other printed matter

PERMITTED - You may copy....

• single copy: chapter of book
• single copy: article from magazine or newspaper
• single copy: short story, short essay, short poem
• single copy: chart, graph, diagram, picture or non-syndicated, non-copyrighted cartoon
  

NOT PERMITTED - You may NOT copy....

• copying several chapters per book
• copying several articles per magazine
• copying consumables: workbooks, copyrighted exercise sheets, tests
• using the same copied material more than once
• photocopying worn ditto masters or backline masters 

Teachers: Multiple copies for classroom/instructional purposes

PERMITTED - You may copy....

• complete poem less than 250 words (not more than 2 pages)
• excerpt from long poem not to exceed 250 words
• article, story, or essay less than 2,500 words
• excerpt (from above) less than 1,000 words or 10% of total, whichever is less
• one chart, graph, diagram, picture, or non-syndicated, non-copyrighted cartoon per book or periodical
• works combining prose, poetry, etc., less than 10% of whole
• IF.....
  • copying is for one course only
  • insufficient time to request permission
  • one work from a single author
  • less than 3 authors from collective work
  • 9 or less instances of multiple copying per term
  • copying not used to create or replace anthologies
  • same copying not repeated next term
  • students not charged beyond photocopying fees
• classroom quantities of current news articles if individual articles not copyrighted
• all multiple copying must be at the inspiration of the individual teacher and the decision to use the material so close to the date needed for instruction as to preclude securing copyright permission from the copyright holder

NOT PERMITTED - You may NOT copy....

• using/making multiple copies of same material semester after semester
• creating "anthologies"
• copying workbooks and other works meant to be used once by one student
• copying shall not be directed by higher authority (teacher must make own copies)
• copying more than one or two excerpts from a single author during one class term
• copying more than two articles from a magazine per year
• copying from workbooks, tests, or other consumables
• copying a blackline master

Permission to copy articles from magazines is usually easy to obtain. Look in the magazine for email addresses.

All users: Big Books

PERMITTED - You may copy....

• one illustration per book
• two pages per book as long as they don’t comprise more than 10% of  the book

NOT PERMITTED - You may NOT copy....

• copying more than 10% of the text from a big book or picture book
• making an audio-tape of someone narrating a big book or picture book

All users: Audiovisual Materials

PERMITTED - You may copy....

• creating slide or digitizing photos from books, magazines, etc., as long as only one copy is made per source used
• making one overhead transparency of one page of one workbook
• converting a damaged filmstrip to a slide set, keeping same order minus damaged frames
• enlarging a map with an opaque projector for tracing but not duplicating color scheme, symbols, etc.
• copying non-dramatic literary, audiovisual works for use by blind or deaf individuals

NOT PERMITTED

• copying audio tapes or video tapes for archival or backup purposes
• reproducing musical works or converting from one form to another (cassette to CD/DVD) except for personal use only
• copying any audiovisual work in its entirety (except off-air taping)
• converting from one medium format to another
• recording the text of a book or textbook onto an audiocassette
• using the same video or music more than once without asking permission.

Always ask for permission when time allows.

All users: Music

PERMITTED - You may copy....

• emergency copies for performance provided copies are later purchased
• for study or teaching, single or multiple copies of excerpts
• IF.....
  • excerpts do not constitute a performable unit such as a movement or aria
• editing purchased copies for simplification
• IF.....
  • character of work is not changed
  • lyrics are not changed
• single copy of performances by students made for evaluation or rehearsal purposes
• copy of recording for purposes of aural testing
• portion of commercial music played as background in student media production

NOT PERMITTED - You may NOT copy....

• copying for performances
• copying to create anthologies
• copying to avoid purchasing
• copying but excluding copyright notice
• performing a work without a license or paying royalty fees

Teachers: Video (Educational/Instructional OFF-AIR Taping)

PERMITTED - You may copy....or record....

• program OFF-AIR
• IF.....
  • program is used for instructional purposes, or face-to-face teaching, not for entertainment or filler
  • program is recorded by a teacher (teacher cannot ask another person to copy for him/her)
  • program is shown once and repeated once per class by individual teacher during first 10 consecutive school days after broadcast
  • program is not retained beyond 45 calendar days
  • program is recorded in its entirety (need not be used in its entirety)
  • after first 10 consecutive school days, program is used only for evaluation by teacher

NOT PERMITTED - You may NOT copy....or record....

• videotaping in anticipation of requests
• videotaping for another person
• retaining a program longer than 45 days
• showing a program after ten days
• showing for motivation, filler, or entertainment purposes
• taping a program at home, using in the classroom, and subsequently retaining in personal collection

PERMITTED - You may copy....

• program at home and bring to school to use but all educational guidelines must be followed
• may show "home" tape if above criteria are followed and if tape legally made

NOT PERMITTED - You may NOT copy....

• retaining program after use under educational guidelines

Teachers: Video (Cable)

PERMITTED - You may copy....

• programs being simultaneously broadcast (see OFF-AIR educational/ instructional guidelines)
• may show videos or motion pictures via cable within a building as long as programs are used in face-to-face teaching and are of an instructional nature

NOT PERMITTED - You may NOT copy....

• taping programs not being broadcast simultaneously (CNN, Discovery, Disney, HBO, etc.) unless prior approval or license obtained from cable network
• showing programs of a musical, dramatic, or entertainment nature
• copying cable or satellite programs without permission.  Note:  Cable magazines like Cable in the Classroom list the varying copying/retention rights of individual programs. 

Teachers: Video or DVD (purchased or rented)

PERMITTED - You may copy....

• showing purchased or rented videotape or DVD for curriculum-supported, face-to-face teaching activities in a classroom

NOT PERMITTED - You may NOT copy....

• showing purchased or rented videotape for entertainment, rewards, rainy days, filler, or non-instructional purposes
• allowing students to bring videos or DVDs for entertainment in class, on bus rides, etc.
  • Note:  Performance rights may be acquired at time of purchase; then it’s legal to show such videos for non-instructional events.

Teachers: Video (Satellite Transmissions/On-line distribution)

PERMITTED - You may copy....

• copying from a satellite transmission or on-line transmission will depend on the contractual agreement with the satellite company

NOT PERMITTED - You may NOT copy....

• copies of motion pictures, other AV works, choreographic works and pantomimes
• copies of broadcasts that are of a "general cultural nature" or intended for transmission as part of an information storage and retrieval system

All users: Software

PERMITTED - You may copy....

• copying into RAM if copying is necessary to use the program
• one copy for archival purposes
• probably may make a 3.5" disk from a 5 1/4" disk if the 5 1/4" disk is considered the archival copy
• back up copies of hard drives as long as they are not used to run another drive
• library lending of public domain software

NOT PERMITTED - You may NOT copy....

• circulation of archival copy
• "networking" software without license or permission
• loading a single copy of a software program onto several computers for simultaneous use
• making copies of copyrighted software for student use

All users: Databases

PERMITTED - You may copy....

• may download searches

NOT PERMITTED - You may NOT copy....

• downloaded searches should not be retained
• downloaded material may not be used to create a derivative work

All users: CD-ROM

PERMITTED - You may copy....

•  printing out pages of reference or other works for study or teaching

NOT PERMITTED - You may NOT copy....

• printing out large section of work

For information on the length of term of copyright, go to: www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm

This information was taken with permission from the Visalia Unified School District website: