MISD Copyright Guidelines

Policy 644

PowerPoint presentation available for download at:

http://tinyurl.com/6lw9xm

Copy•right\-,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:

ReproductionAdaptationDistribution of copies by sale, gift, rental,

lease or lendingPublic performancePublic displayDigital 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 purposesThe nature of the copyThe amount of the work being usedThe 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 teacherAll videos must enhance/support grade level and

subject matter curriculumRental 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