Among the facilities available to teachers in carrying out their educational assignments are a variety of machines for reproducing the written and spoken word, either in single or multiple copies.

Infringement on copyrighted material, whether prose, poetry, graphic images, music, audio, video or computer-programmed materials, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike.

Violations may result in criminal or civil suits.

The Board therefore requires that all reproduction of copyrighted material be conducted strictly in accordance with applicable provisions of law.  Unless otherwise allowed as “fair use” under federal law, permission must be acquired from the copyright owner prior to reproduction of material in any form.

“Fair use” is not a rigidly defined term.  “Fair use” is based on the following standards:

If an individual questions the legality of duplicating materials, he/she should contact the appropriate building or central office administrator.  The administrator should consult with district legal counsel who may advise seeking permission from the copyright holders.

The legal or insurance protection of the district will not extend to employees who violate copyright laws.

The superintendent or designee will provide guidelines for the “fair use” of copyrighted materials that meet the requirements of Section 107 of the Copyright Act of 1976 and applicable amendments.

END OF POLICY

Copyrights, 17 U.S.C. §§ 101-1332 (2012); 19 C.F.R. Part 133 (2016).

1. The purpose of copyright law is to promote creativity, innovation and the spread of knowledge. The law does this by balancing the rights of both copyright holders and users. The Beaverton School District recognizes and respects intellectual property rights and is committed to fulfilling legal obligations with respect to the use of copyright-protected works and asserting rights to the special exemptions allowed for teachers and libraries in copyright law.
2. The doctrine of fair use (Section 107 of the Copyright Act of 1976) states that people can use copyrighted works without payment or permission when the social benefit of the use outweighs the harms to the copyright holder. The Copyright Act establishes a four factor test using the fair use guidelines to help determine whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner.

1. The superintendent is responsible for the establishment of practices to ensure compliance with the provisions of the U.S. Copyright law as they affect the district and its employees. The 1976 US Copyright Law revision states that educators are legally permitted certain uses of copyrighted materials under the jurisdiction of Fair Use with specific guidelines as follows.
2. The building principal will be designated with the responsibility for disseminating and interpreting copyright regulations at the building level. The principal will be responsible for employee training as well as distribution and review of district policy and administrative regulations with employees.
3. The building principal will ensure that budget recommendations include appropriate funds for the purchase of multiple copies of instructional materials specific to the building.
4. The employee reproducing a copyrighted work will determine whether copying is permitted by law in accordance with district policy and administrative regulations.
5. The employee will obtain permission to reproduce material from the copyright holder(s) whenever copying does not fall within the “fair use” guidelines of copyright law.

Fair Use Guidelines

1. Under the fair use doctrine, copyrighted materials may be reproduced without authorization for the purposes of criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research following these general guidelines:

a.  Purpose of Use
     i.   The use must be for such purposes of teaching or scholarship and must be
          nonprofit, not commercial.

b.  Nature of the Copyrighted Work
     i.  The  law of fair use applies more narrowly to highly creative works than to
         informational works; accordingly, avoid substantial excerpts from novels,
         short stories, poetry, modern images, and other such materials.
    ii.  Copies of "consumable" materials such as test forms and workbook pages
         that are meant to be used and repurchased should not be distributed.

c.  Amount of Work
     i.  Copying a small portion may be considered fair use. Copying the whole of a
         work cannot be considered fair use. The amount and substantiality of the
         portion used must be reasonable.

d.  Effect of Use
     i.  If resulting economic loss to the copyright holder can be shown, making even
         a single copy of certain materials may be an infringement and making
         multiple copies presents the danger of greater penalties.

2. Because “courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry … there is no formula to ensure that a predetermined percentage or amount of a work - or specific number of words, lines, pages, copies - may be used without permission.” Employees may use the attached fair use checklist to determine if the content they wish to use constitutes fair use.

1. Creative Commons
   1. Some videos, music, images, and other media may be available under a Creative Commons license which generally requires only proper attribution for use.
   2. Creative Commons music, pictures, and other media are highly encouraged for projects.
2. Digital Content
   1. Digital content includes images, movie streaming, single user eBooks, and audiobooks.
   2. Streaming of music and movies from personal accounts (e.g. Spotify, Amazon, Hulu, Netflix) is generally not permitted in the classroom according to the license agreement signed when creating a personal account. Read the license agreement carefully prior to using this content in the educational setting.
3. Video
   1. The showing of movies or videos must be limited to specific educational purposes. A full-length or clip of a movie or video recording may only be shown in school if the content is relevant to the curriculum and specific educational objectives, is appropriate to the age and maturity of the students, is a productive use of class time, and will not cause classroom disruption.
   2. Permissible uses — district employees may:
      i.  Show a rented or privately owned movie or video in the classroom only if all of the following fair use requirements (U.S. Copyright law (Section 110(1) are met:

1.  The movie or video must be shown by the teacher in connection with face-to-face
      teaching activities in a classroom or area devoted to instruction;

2.  The showing of the movie must be directly relate to the curriculum and lesson
     objectives;

3.  The entire audience must be involved in the teaching activity;

4.  The teacher has no reason to believe that the physical or digital copy of the movie or
      video was unlawfully made.

c.  Prohibited uses - district employees must:
     i.  Contact the copyright holder in writing for permission whenever copyrighted
         works such as plays and musical numbers are to be performed. This is
         particularly important if admission is to be charged or recordings of the
         performance are to be sold or distributed.  

1. Each portion of the checklist below should be considered.
2. No single item or factor is determinative of fair use, but several factors carry different weights.
3. The final determination is based on a weighing or balancing of the four factors. All factors or all details do not need to point in favor of or against fair use.
4. This checklist is simply a tool to help evaluate fair use and does not constitute legal advice.

Checklist modified with permission from the Fair Use Checklist created by Georgia State University