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Copyright Reference Guide For Educators

Classroom Use of Copyrighted Materials Content Guidelines

The Classroom Use Exemption together with the fair use provisions afford educators certain rights to reproduce, display, and perform copyrighted content in a non-profit, face-to-face, in-person, classroom setting. The following guide is designed to inform SMCCD faculty members on how they may use a particular work and how much of a work may be used in classroom teaching. It should be kept in mind, however, that the chart below provides only guidelines and no absolute rules. It is generally recommended to use content that is clearly in the public domain, within the scope of existing private or public copyright licenses, with the permission of the owner, or within the limited scope of fair use for educational purposes.

Classroom Use of Copyrighted Content Guide - MOST COMMON MATERIALS

Defined as

  • 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)

What you can do

  • Teachers may make multiple copies for classroom use.

The Fine Print

  • Copies may be made only from legally acquired originals     
  • Only one copy allowed per student     
  • Each copy includes full attribution in a form satisfactory to scholars in that field     
  • 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      
  • Usage can't be directed by "higher authority" i.e. the District     
  • No more than nine instances per class per term (current news publications such as newspapers can be used more often)      
  • Multiple copies from different works shall not be used to create anthologies that substitute the purchase of books, publisher reprints, or periodicals     
  • "Consumables" such as workbooks, lab manuals, test booklets, answer sheets can't be copied.      
  • Copies should not be made from the same work and used from semester to semester     
  • Copies should not be made for different courses at the same or different institutions

Reference

  • United States Copyright Office Circular 21

Defined as

  • Movies (all formats)     
  • Film clips     
  • Television shows     
  • Multimedia Encyclopedias      
  • Video clips from the Internet     
  • Music (all formats)
  • Audio clips on the Web      
  • Images     
  • Photographs

What you can do

  • Up to 10 percent of the total or 3 minutes, whichever is less for movies, film clips, excerpts from television shows, etc.     
  • Up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work      
  • No more than 5 images from one artist or photographer, and no more than 10% or 15, whichever is less, from a collection

The Fine Print

  • Multimedia reproduction projects must have an educational purpose.  
  • The material must be legitimately acquired. 
  • Proper attribution and credit must be given for all copyrighted works included in multimedia, including those that fall under fair use. 
  • Instructors may make no more than two copies (including the original) of the instructional multimedia project containing materials used under fair use.  
  • An additional copy can be made only for preservation purposes. 
  • The Fair Use of copyrighted materials in multimedia projects is permitted for only two years after the first instructional use of the project in class. Thereafter, the multimedia project may be used only after obtaining permission from the copyright holder.

Reference

Defined as

  • Photograph    
  • Illustration    
  • Collections of photographs     
  • Collections of illustrations

What you can do

  • 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

The Fine Print

Although older illustrations may be in the public domain and don’t need permission to be used, sometimes they’re part of a copyright collection. Copyright ownership information is available at www.loc.gov or www.mpa.org.

Defined as

  • DVDs     
  • Laser Discs     
  • Videotapes

What you can do

  • 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 Fine Print

  • The material must legitimately be acquired
  • It must be used in a classroom or similar place "dedicated to face-to-face instruction" in a non-profit environment
  • It must be used for instructional purposes; not for entertainment or as a reward
  • If replacements are unavailable at a fair price or are available only in obsolete formats (e.g., betamax videos)

Reference

Defined as

  • Internet connections     
  • World Wide Web

What you can do

  • Limited images may be downloaded for student projects      
  • Limited sound files may be downloaded for use in educational projects (see portion restrictions above)

The Fine Print

  • Resources from the web  may not be reposted onto the Internet without permission.     
  • Links to legitimate resources can be posted     
  • Any resources downloaded must be legitimately acquired by the website.

Reference

Classroom Use of Copyrighted Content Guide - LESS COMMON MATERIALS

Defined as

  • Same rights as "Printed Material"

What you can do

  • Teachers may incorporate into multimedia for teaching courses.

The Fine Print

  • Teachers may use it for two years, after that permission is required.

Reference

Defined as

  • Purchased software     
  • Licensed software

What you can do

  • Software may be lent by the library
  • Software may be installed at home and at school (subject to license terms)   
  • Software may be installed on multiple machines (subject to license terms)    
  • Software can be distributed to users via a network (subject to license terms)    
  • Librarians can make copies for archival use to replace lost, damaged, stolen, copies

The Fine Print

  • Take aggressive actions to monitor that copying is not taking place (for retention)
  • Only one machine at a time may use the program
  • The number of machines being used must never exceed the number licensed
  • The number of simultaneous users must not exceed the number of licenses
  • A network license may be required for multiple users
  • If unavailable at fair or is an obsolete format
  • Scope of rights and limitations for particular software will depend on terms of applicable license agreements

Reference

  • Section 107  and 108 of the Copyright Act and subsequent amendments.

Defined as

  • Broadcast (e.g.,ABC,NBC, CBS, UPN, PBS, local television stations)     
  • Recordings of broadcast

What you can do

  • Live "off the air" broadcasts may be used for instruction.     
  • Recordings of broadcasts may be used for instruction.

The Fine Print

  • Schools are allowed to retain broadcasts for a minimum of 10 school days.     
  • Enlightened rights holders often allow for much more. For example, PBS series ReadingRainbow offers three year retention rights. 

Reference

  • Act of Congress

Defined as

  • CNN, MTV, HBO, etc.      
  • Recordings made from cable.

What you can do

  • May be used with permission     
  • May be used with permission. Many programs may be retained for years --depending on the program. See Cable in the Classroom.http://www.ciconline.org/main.cfm

The Fine Print

  • The guidelines for television programs were defined by Congress before cable television was a factor.      
  • Cable programs are not covered by the same guidelines as broadcast television and have their own restrictions on use.

Reference

  • Cable Systems (& assoc.)

Defined as

  • 16 millimeter films     
  • Filmstrips

What you can do

  • Instructor may duplicate a single copy of a small portion for teaching purposes

The Fine Print

  • Films or filmstrips must be owned by the instructors

Reference

  • The Copyright Policy and Guidelines for California's School Districts, California Department of Education