EGAAA - Reproduction of All Copyrighted Materials
Policy EGAAA
Readopted: 6/12/17 Adopted: 11/19/07 Orig. Code(s): EGAAA
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
ORS 332.107
Copyrights, 17 U.S.C. §§ 101-1332 (2012); 19 C.F.R. Part 133 (2016).
EGAAA-AR
- 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.
- 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.
- 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.
- 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.
- The building principal will ensure that budget recommendations include appropriate funds for the purchase of multiple copies of instructional materials specific to the building.
- The employee reproducing a copyrighted work will determine whether copying is permitted by law in accordance with district policy and administrative regulations.
- 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
- 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.
- 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.
- Creative Commons
- Some videos, music, images, and other media may be available under a Creative Commons license which generally requires only proper attribution for use.
- Creative Commons music, pictures, and other media are highly encouraged for projects.
- Digital Content
- Digital content includes images, movie streaming, single user eBooks, and audiobooks.
- 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.
- Video
- 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.
- 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.
- Each portion of the checklist below should be considered.
- No single item or factor is determinative of fair use, but several factors carry different weights.
- 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.
- This checklist is simply a tool to help evaluate fair use and does not constitute legal advice.
Factor 1: Purpose of Use |
|
---|---|
Favoring Fair Use |
Opposing Fair Use |
❏ Use is for the purpose of teaching in a non-profit educational institution (including multiple copies for classroom use) |
❏ Use is for a commercial purpose |
❏ Use is for criticism, comment, news reporting, or parody or transforms the presentation or use |
❏ Mirror image copying without the addition of criticism, comment, news reporting or parody or transformation of presentation or use |
❏ Use is necessary to achieve an intended educational purpose |
❏ Use is not necessary to achieve an intended educational purpose |
❏ Distribution is limited by password to students within a class for the term of the course; student may download, print, or save the materials for own use, but not further distribute |
❏ Unlimited or uncontrolled distribution |
Factor 2: Nature of the Copyrighted WorkGive this factor less weight when the work is published, non-consumable, and informational.
|
|
---|---|
Favoring Fair Use |
Opposing Fair Use |
❏ Informational in nature |
❏ Fictional or highly creative (art, music, novel, film, play, poetry. |
❏ Informational in nature, and author opinion, subjective description and evaluative expression do not dominate the work |
❏ Informational in nature and author opinion, subjective description and evaluative expression dominate the work |
❏ “Non-consumable” work (e.g., standard book or similar publication) |
❏ Consumable work (e.g., workbook or test). |
❏ Published work |
❏ Unpublished work |
Factor 3: Amount of WorkThere is no bright line rule regarding the amount of use that will be deemed fair— amounts less than 10% have been deemed unfair whereas amounts more than 10% have been deemed fair based on the other factors.Avoid using a portion that is the “heart of the work” as this deprives the creator of rightful compensation.
|
|
---|---|
Favoring Fair Use |
Opposing Fair Use |
❏ Decidedly small amount of the work is used |
❏ Large amount of the work is used |
❏ Amount used is narrowly tailored to accomplish a legitimate purpose in the curriculum |
❏ Amount used is more than necessary to accomplish a legitimate purpose in the course curriculum |
❏ Small amount of the work is used and both the “effect on the market” and the “purpose and character of the use” favor fair use |
❏ Large amount of the work is used and both the “effect on the market” and the “purpose and character of the use” do not favor fair use |
Factor 4: Effect of UsePlease note that you must own a lawfully acquired or purchased copy of the original work that is used. This factor carries the most weight, but it is not so weighty that it determines the outcome of the fair use analysis. Favorable fair use results for the above three factors (including a neutral finding regarding nature of the work) |
|
---|---|
Favoring Fair Use |
Opposing Fair Use |
❏ Work as a whole is currently available for purchase, and a conveniently and efficiently accessible and reasonably priced digital license is not available |
❏ Work as a whole is currently available for purchase, and a conveniently and efficiently accessible and reasonably priced digital license is available |
❏ Work as a whole is not available for purchase, and a digital license is not available |
❏ Work as a whole is not available for purchase, and a digital license is available |
Checklist modified with permission from the Fair Use Checklist created by Georgia State University