MISD Copyright Guidelines Presented by August 2006

Copyright\-,rit\n (1735):  The exclusive right to reproduce, publish, and sell the matter and form of a literary, musical, or artistic work. ©

U.S. copyright law gives these rights to the creator of a work:  Reproduction  Adaptation  Distribution of copies by sale, gift, rental, lease or lending  Public performance  Public display  Digital audio transmission

MISD copyright policy states that employees may not:  Make unlawful copies on district-owned equipment  Use unlawful copies of materials on district equipment  Use unlawful copies in district facilities or at district functions/events

MISD legal and/or insurance protection will not cover:  employees who copy materials unlawfully OR  employees who use unlawfully copied materials

How can educators legally use copyrighted works in their teaching??? FAIR USE

Four Tests of “Fair Use”:  For non-profit educational purposes  The nature of the copy  The amount of the work being used  The effect of the use upon the potential market value of the copyrighted work

Fair Use of Audiovisual Materials Public performance is the key…

What is a “public performance”?  When audiovisual material is used in “a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family or its social acquaintances is gathered…”

Fair Use for Audiovisual Materials  The performance must be presented by instructors or students, AND  The performance must occur in the course of face-to-face teaching activities, AND  The performance must take place in a classroom or similar place of instruction, AND  The performance must be of a legally acquired copy of the work

Use of audiovisuals for entertainment or reward is strictly prohibited under fair use Reward or entertainment is not considered “face-to-face teaching” and so does not meet the criteria of the fair use exemption

MISD Guidelines for Use of Video  All videos must be previewed by the teacher  All videos must enhance/support grade level and subject matter curriculum  Rental video, feature films, theatrical releases and programs taped off broadcast television must be approved by the principal before showing –G and PG rating OK all levels –PG-13 OK only at secondary level with principal approval and parent notification –R is NEVER acceptable for any level

MISD Guidelines for Use of Video  Parent notification is required when any rental, feature film, theatrical release or programs taped off broadcast television are to be used in their entirety  Parent notification is required before showing any video dealing with a controversial subject  Videos containing offensive language, stereotypes, excessive violence or nudity are not appropriate

MISD Guidelines for Use of Video  All provisions of U.S. Copyright Law shall be observed  Videos should not be shown for entertainment or reward because it is a copyright violation  Teachers should use good judgment in the selection/use of video  Teachers are encouraged to use a short “clip” rather than a video in its entirety  Parent notification and off-air recording forms are available from your principal

A final word… You don’t take what isn’t yours without asking first.

Resources for further information…  Copyright for Schools: A Practical Guide by Carol Mann Simpson, 2001  Your campus librarian