Library Information Services
...Helping students become Independent, Information - literate, Lifelong Learners!
Department Staff

Spring Branch Independent School District
Dr. Barry M. Bishop
9016 Westview
Houston, TX, 713-365-5616

Copyright Information

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What should educators in Spring Branch ISD know to follow the Copyright Law?

SBISD Copyright Chart

Medium

What you can or can't do

  • Poem less than 250 words
  • Excerpt of 250 words from a poem greater than 250 words
  • Articles, stories, or essays less than 2,500 words
  • Excerpt from a longer work (10% of work or 1,000 words, whichever is less--but a minimum of 500 words)
  • One chart, picture, diagram, graph, cartoon or picture per book or per periodical issue
  • Two pages (max) from an illustrated work less than 2,500 words (like children's books)
Teachers may make multiple copies for classroom use.

No more than one copy per student. Usage must be: At the "instance and inspiration of a single teacher" and when the time frame doesn't allow enough time for asking permission. Only for one course in the school. No more than nine instances per class per term (current news publications such as newspapers can be used more often). Don't create anthologies. "Consumables" can't be copied. Don't do it every term (if time allows, seek permission). Can't be directed by "higher authority." Copying can't be substitute for buying. Copies may be made only from legally acquired originals.

  • A chapter from a book
  • An article from a periodical
  • Short story, short essay, or short poem
  • Chart, graph, diagram, drawing , cartoon, picture from a book, periodical or newspaper
Teachers may make a single copy for teacher use for research or lesson preparation.

No more than one copy per student. Usage must be: At the "instance and inspiration of a single teacher" and when the time frame doesn't allow enough time for asking permission. Only for one course in the school. No more than nine instances per class per term (current news publications such as newspapers can be used more often). Don't create anthologies. "Consumables" can't be copied. Don't do it every term (if time allows, seek permission). Can't be directed by "higher authority." Copying can't be substitute for buying. Copies may be made only from legally acquired originals.

  • Portions of a work
  • An entire work
  • A work if "the existing format in which a work is stored has become obsolete"
A librarian may make up to three copies "solely for the purpose of replacement of a copy...that is damaged, deteriorating, lost or stolen"

The library must first determine that after "reasonable investigation that copy...cannot be obtained at a fair price" or that the format is obsolete.

  • Text for Use in Multimedia Projects

Students may incorporate text in multimedia projects. Teachers may incorporate into multimedia for teaching courses.

Teachers may use for two years, after that permission is required. Students may keep in portfolio for life.

  • Videotapes (purchased)
  • Videotapes (rented)
  • DVD
  • Laser Discs
Teachers may use these materials in the classroom without restrictions of length, percentage, or multiple use.

May be copied for archival purposes or to replace lost, damaged, or stolen copies.

The material must legitimately acquired (a legal copy). It must be used in a classroom or similar place "dedicated to face-to-face instruction". Not for use as entertainment or reward. The use should be instructional. The place should be a non-profit educational institution.

If replacements are unavailable at a fair price or are available only in obsolete formats (e.g., betamax videos) copies may be used as originals.

Performance for entertainment or reward:
  • Videotapes (purchased)
  • Videotapes (rented)
  • DVD
  • Laser Discs
Only if performance right are paid for! (check catalog and keep statements or performance rights license on file).
Video ("Motion Media") for Use in Multimedia Projects
  • Videotapes
  • DVD
  • Laser Discs
  • QuickTime Movies
  • Encyclopedias (CD ROM)
Students "may use portions of lawfully acquired copyrighted works in their academic multimedia", defined as 10% or three minutes (whichever is less) of "motion media".

"Proper attribution and credit must be noted for all copyrighted works included in multimedia, including those prepared under fair use."

Video for Integration into Video Projects
  • Videotapes
  • DVD
  • Laser Discs
  • QuickTime Movies
  • Encyclopedias (CD ROM)
Students "may use portions of lawfully acquired copyrighted works in their academic multimedia"

The material must legitimately acquired (a legal copy, not bootleg or home recording).

  • Photograph
  • Illustration
  • Collections of photographs
  • Collections of illustrations
Single works may be used in their entirety but not more than 5 images by an artist or photographer. From a collection, not more than 15 images or 10%, whichever is less.

Older illustrations may be in the public domain, but the collection may be copyrighted.

  • Music for Integration into Multimedia / Video Projects
Up to 10% of a copyrighted musical composition may be reproduced, performed and displayed as part of a multimedia program produced by an educator or student for educational purposes.

Some authorities site a maximum length of 30 seconds, some do not mention a maximum.

  • purchased software
  • licensed software
Take aggressive action to monitor that copying is not taking place.

Only one machine at a time may use the program.

The number of machines being used must never exceed the number of licensed.

Copies may be used if original unavailable at fair price or is an obsolete format.

The number of simultaneous users must not exceed the number of licenses. A network license may be required for multiple users.

  • Internet connections
  • World Wide Web
  • Images may be downloaded for student projects.

    Sound files may be downloaded for use in projects

    Images may not be reposted onto the Internet without permission.

    Sound or music files may not be copied and posted on the Internet without permission.

    • Broadcast (e.g.,ABC,NBC, CBS, UPN, PBS, local television stations)
    • Tapes made from broadcast
    Live "off the air" broadcasts may be used for instruction. Tapes made from broadcasts may be used for instruction.

    Things get interesting when you want to retain tapes. Minimum rights allow for 10 school days. Enlightened rights holders often allow for much more. PBS series Reading Rainbow offers three year retention rights, for example. If you like it enough to keep it more than three years, buy it.

    • CNN
    • MTV
    • HBO (etc.)
    • Tapes made from cable.
    May be used with permission. Many programs may be retained for years --depending on the program. Check with Cable in the Classroom.

    http://www.ciconline.org/main.cfm

    The guidelines for television programs were defined by Congress before cable television was a factor. Cable programs are not technically covered by the same guidelines as broadcast television.

    Links to everything you ever wanted to know about Copyright and much more!

    The US Copyright Laws

    SBISD Board Policy SBISD Legal, Local, Exhibit--Thorough. Does it need editing, clarifying, added to?

    US Govt Copyright site,

    SBISD Electronic Communication and Data Management Guidelines

    A Teacher's Guide to Fair Use and Copyright

    Copyright Website

    ALA Fair Use

    Stanford University Libraries (comprehensive copyright site)

    Copyright Clearance Center

    ISLMC Copyright for Educators

    West Carrollton Middle School

    Washington State University

    U of Maryland UC

    Groton Public Schools

    Creating a Copyright-Safe School   - Tom Brawley, Region IV (presentation)

    Penn State University

    A Guide to the Use of Copyrighted Materials on Instructional Web Sites - Johnathan Henke

    A Crash Course in Copyright and Fair Use  -  Georgia K. Harper - University of Texas

    Intellectual Property, Copyright, and Fair Use Resources

    Fair Use of Copyrighted Works  -  CETUS (Consortium for Educational Technology for University Systems)

    Copyright Myths, Legends and Facts
    Multimedia module about copyright laws and helpful tips about "fair use" of protected materials for education

    Copyright Management Center
    Comprehensive site on copyright; Includes fair use, distance education, multimedia, and library issues.

    The Educator's Guide to Copyright and Fair Use article

    Grading Teachers on Copyright Law: Videotaping for the Classroom
    Explains what the law says about legally taping TV programs from Nolo's Legal Encyclopedia.

    Regents Guide to Understanding Copyright and Fair Use
    Discusses principles and examples illustrating the application of fair use in higher education.

    A Visit to Copyright Bay
    Fun way to learn about copyright.

    What Every Teacher Should Know about Copyright: A Guide@2Learn.ca
    Key questions, information about images and copyright, and obtaining permission; Note: this site is Canadian and might have different laws.

    mediafestival chart

    Plagiarism:

    Cut-and-Paste Plagiarism: Preventing, Detecting and Tracking Online Plagiarism
    Hints about avoid plagiarism in your classroom.

    The New Plagiarism: Seven Antidotes to Prevent Highway Robbery in an Electronic Age
    Planning assignments to avoid the threat of plagiarism.

    Safety 'Net: On Plagiarism
    How the networked environment has changed the problem and resources to combat the problem.

    Music:

    Music Publishers Association of the U.S.

    Guidelines for the Use of Music Under Copyright
    Guidelines for the use of copyrighted music.

    Public Domain Music
    Reference site to identify public domain music and related information.

    Clip Art:

    Free Clip art Sites list from W.U.G.

    Permission:

    Permission Templates
    Fill in the blanks to create an email requesting permission to use web resources and then click submit to mail request.

    Permission to Use Graphics or Create Links
    Sample letters asking for permission to use graphics on a web page or in a multimedia project or to link to a web site.

    Quizzes:

    The Copyright Quiz
    Five situations and answers.

    Copyright, Fair Use are Misunderstood, Kornfield Says
    Multiple choice and True/False quiz on copyright facts.

    The 20-Questions Fair Use Copyright Quiz
    Copyright situations targeted to educators.

    Copyright on the Internet
    Printable true and false quiz.

    Cyberbee interactive

    Copyright Notice

      This statement that should appear on every device that might be used to copy anything (Xerox, VCR, Disk Drive, etc...)  
      U.S. copyright law (Title 17, U.S. Code) governs the reproductions of copyrighted materials. the person using this equipment is liable for infringement.  

    PowerPoint by SBISD Committee

    Work or Materials to be used for Educational Purposes

    Fair Use Restrictions for Face-to-Face Teaching

    Illegal Use without Explicit Permission from Creator/Author

    Chapter in a book

    Single copy for teacher for research, teaching, or class preparation.

    Multiple copies (one per student per class) okay if material is (a) adequately brief, (b) spontaneously copied, (c) in compliance with cumulative effect test.

    Copyright notice and attribution required.

    Multiple copies used again and again without permission.

    Multiple copies to create anthology.

    Multiple copies to avoid purchase of textbook or consumable materials.

    Newspaper/magazine article

    Same as above.

    Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less.

    For works of 2,500-4,999 words, 500 words may be copied.

    Same as above

    Prose, short story, short essay, Web article

    Same as above

    Poem

    Same as for first item.

    Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages.

    Multiple copies of up to 250 words from longer poems.

    Same as above

    Artwork or graphic image -

    chart, diagram, graph, drawing, cartoon, picture from periodical, newspaper, or book, Web page image

    Same as for first item.

    No more than 5 images of an artist/photographer in one program or printing and not more than 10% or 15% of images from published collective work, whichever is less.

    Same as first item

    Incorporation or alteration into another form or as embellishment, decoration for artistic purposes for other than temporary purposes.

    Motion media -

    film and videotape productions

    Single copy of up to 3 minutes or 10% of the whole, whichever is less.

    Spontaneity required.

    Multiple copies prohibited. Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited.

    Music

    -sheet music, songs, lyrics, operas, musical scores, compact disk, disk, or cassette taped recordings

    Single copy of up to 10% of a musical composition in print, sound, or multimedia form.

    Same as immediately above

    Broadcast programs

    Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date.

    Use by only individual teachers.

    Copyright notice required.

    Same as immediately above.

    May not be done at direction of superior.

    May not be altered.

    This chart was adapted from Washington State University Guidelines.
    Resources for School board Policies:

    BELLINGHAM SCHOOL DISTRICT 501
    BOARD POLICY 2314
    COPYRIGHT COMPLIANCE

    Is very good and thorough! May not be updated to include Millennium and TEACH

    Manchester NH school
    Very short containing only the barest necessities and no examples. Might be good for Board Policy and add a reference to administrative Policy containing examples.

    HISD Memo
    Useful in that it mentions that copyright of things created by an employee of the district belong to the district.

    Madison City, Alabama
    Short, has some examples, includes district consequences, includes training requirements, and designates Librarians with some responsibilities

    Proposed Presentation:

    History and Fair Use  
    Print Material  
    Non-Print - AV & Software  
    Multimedia  
    Digital Millennium Copy Right Law  
    Decal, Fair Use Chart, Quiz, Permission letter  

    Power Point presentation by Carol Lee (can't find)

    questionnaire (can't find)

    logo and statement (can't find)

    Copyright

    Page edited - 08/26/2008

    SBISD Employee Email Search

    Library Resources Page

    Spring Branch Independent School District, Houston, Texas
    The Library Information Services Department grants permission to print this web page for educational purposes providing that appropriate credit is included on the copies.