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Copyright and FairUseGuidelines forTeachers
                   This chart was designed to inform teachers of what they            www.techlearning.com. More detailed information about
                   may do under the law. Feel free to make copies for teachers        fair use guidelines and copyright resources is available at
                   in your school or district, or download a PDF version at           www.halldavidson.net.


     Medium                    Specifics                         What you can do                                    The Fine Print

                   • Poem less than 250 words; 250-word        • Teachers may make multiple copies             • Copies may be made only from legally
Printed Material
                     excerpt of poem greater than 250 words      for classroom use, and incorporate into         acquired originals.
(short)
                                                                 multimedia for teaching classes.
                   • Articles, stories, or essays less than                                                    • Only one copy allowed per student.
                     2,500 words                               • Students may incorporate text into            • Teachers may make copies in nine
                                                                 multimedia projects.
                   • Excerpt from a longer work (10 percent                                                      instances per class per term.
                     of work or 1,000 words, whichever is                                                      • Usage must be “at the instance
                     less)                                                                                       and inspiration of a single teacher,”
                   • One chart, picture, diagram, or cartoon                                                     i.e., not a directive from the district.
                     per book or per periodical issue                                                          • Don’t create anthologies.
                   • Two pages (maximum) from an                                                               • “Consumables,” such as workbooks,
                     illustrated work less than 2,500 words,                                                     may not be copied.
                     e.g., a children’s book

                   • An entire work                            • A librarian may make up to three              • Copies must contain copyright
Printed Material
                                                                 copies “solely for the purpose of               information.
                   • Portions of a work
(archives)
                                                                 replacement of a copy that is damaged,        • Archiving rights are designed to allow
                   • A work in which the existing format
                                                                 deteriorating, lost, or stolen.”                libraries to share with other libraries
                     has become obsolete, e.g., a document
                                                                                                                 one-of-a-kind and out-of-print books.
                     stored on a Wang computer

                   •   Photograph                              • Single works may be used in their entirety,   • Although older illustrations may be in
Illustrations
                                                                 but no more than five images by a single        the public domain and don’t need permis-
                   •   Illustration
and Photographs                                                  artist or photographer may be used.             sion to be used, sometimes they’re part
                   •   Collections of photographs
                                                                                                                 of a copyright collection. Copyright
                                                               • From a collection, not more than 15
                   •   Collections of illustrations
                                                                                                                 ownership information is available at
                                                                 images or 10 percent (whichever is
                                                                                                                 www.loc.gov or www.mpa.org.
                                                                 less) may be used.

                   •   Videotapes (purchased)                  • Teachers may use these materials in           • The material must be legitimately
Video
                                                                 the classroom.                                  acquired.
                   •   Videotapes (rented)
(for viewing)
                                                               • Copies may be made for archival               • Material must be used in a classroom
                   •   DVDs
                                                                 purposes or to replace lost, damaged,           or nonprofit environment “dedicated
                   •   Laserdiscs
                                                                 or stolen copies.                               to face-to-face instruction.”
                                                                                                               • Use should be instructional, not for
                                                                                                                 entertainment or reward.
                                                                                                               • Copying OK only if replacements are
unavailable at a fair price or in a viable
                                                                                                                                                                                      format.

                                                     •   Videotapes                                                • Students “may use portions of lawfully                        • The material must be legitimately
     Video
                                                                                                                     acquired copyright works in their                               acquired (a legal copy, not bootleg or
                                                     •   DVDs
     (for integration into
                                                                                                                     academic multimedia,” defined as 10                             home recording).
                                                     •   Laserdiscs
     multimedia or video
                                                                                                                     percent or three minutes (whichever                           • Copyright works included in multimedia
     projects)                                       •   Multimedia encyclopedias
                                                                                                                     is less) of “motion media.”                                     projects must give proper attribution
                                                     •   QuickTime Movies
                                                                                                                                                                                     to copyright holder.
                                                     •   Video clips from the Internet

                                                     •   Records                                                   • Up to 10 percent of a copyright musical                       • A maximum of 30 seconds per musical
     Music
                                                                                                                     composition may be reproduced,                                  composition may be used.
                                                     •   Cassette tapes
     (for integration into
                                                                                                                     performed, and displayed as part of a                         • Multimedia program must have an
                                                     •   CDs
     multimedia or video
                                                                                                                     multimedia program produced by an                               educational purpose.
                                                     •   Audio clips on the Web
     projects)
                                                                                                                     educator or students.

                                                     • Software (purchased)                                        • Library may lend software to patrons.                         • Only one machine at a time may use
     Computer Software
                                                                                                                                                                                     the program.
                                                     • Software (licensed)                                         • Software may be installed on multiple
                                                                                                                     machines, and distributed to users via                        • The number of simultaneous users must
                                                                                                                     a network.                                                      not exceed the number of licenses; and
                                                                                                                                                                                     the number of machines being used
                                                                                                                   • Software may be installed at home and
                                                                                                                                                                                     must never exceed the number licensed.
                                                                                                                     at school.
                                                                                                                                                                                     A network license may be required for
                                                                                                                   • Libraries may make copies for archival
                                                                                                                                                                                     multiple users.
                                                                                                                     use or to replace lost, damaged, or
                                                                                                                                                                                   • Take aggressive action to monitor that
                                                                                                                     stolen copies if software is unavailable
                                                                                                                                                                                     copying is not taking place (unless for
                                                                                                                     at a fair price or in a viable format.
                                                                                                                                                                                     archival purposes).

                                                     • Internet connections                                        • Images may be downloaded for                                  • Resources from the Web may not be
     Internet
                                                                                                                     student projects and teacher lessons.                           reposted onto the Internet without
                                                     • World Wide Web
                                                                                                                                                                                     permission. However, links to legitimate
                                                                                                                   • Sound files and video may be down-
                                                                                                                                                                                     resources can be posted.
                                                                                                                     loaded for use in multimedia projects
                                                                                                                     (see portion restrictions above).                             • Any resources you download must have
                                                                                                                                                                                     been legitimately acquired by theWeb site.

                                                     • Broadcast (e.g., ABC, NBC, CBS,                             • Broadcasts or tapes made from broad-                          • Schools are allowed to retain broadcast
     Television
                                                       UPN, PBS, and local stations)                                 cast may be used for instruction.                               tapes for a minimum of 10 school days.
                                                                                                                                                                                     (Enlightened rights holders,such asPBS’s
                                                     • Cable (e.g., CNN, MTV, HBO)                                 • Cable channel programs may be used
                                                                                                                                                                                     ReadingRainbow, allow for much more.)
                                                                                                                     with permission. Many programs may
                                                     • Videotapes made of broadcast and
                                                                                                                     be retained by teachers for years—                            • Cable programs are technically not
                                                       cable TV programs
                                                                                                                     see Cable in the Classroom                                      covered by the same guidelines as
                                                                                                                     (www.ciconline.org) for details.                                broadcast television.

                                                                                                                                                                  many of the above guidelines wrote a letter to Congress dated March 19,1976,stating:
Sources: United States Copyright Office Circular 21; Sections 107, 108, and   Multimedia; cable systems (and their associations); and Copyright Policy and
                                                                                                                                                                  “There may be instances in which copying that does not fall within the guidelines
110 of the Copyright Act (1976) and subsequent amendments, including the      Guidelines for California’s School Districts, California Department of Education.
                                                                                                                                                                  stated [above] may nonetheless be permitted under the criterion of fair use.”
Digital Millennium Copyright Act; Fair Use Guidelines for Educational         Note: Representatives of the institutions and associations who helped to draw up

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Copyright Guidelines for Educators.

  • 1. Copyright and FairUseGuidelines forTeachers This chart was designed to inform teachers of what they www.techlearning.com. More detailed information about may do under the law. Feel free to make copies for teachers fair use guidelines and copyright resources is available at in your school or district, or download a PDF version at www.halldavidson.net. Medium Specifics What you can do The Fine Print • Poem less than 250 words; 250-word • Teachers may make multiple copies • Copies may be made only from legally Printed Material excerpt of poem greater than 250 words for classroom use, and incorporate into acquired originals. (short) multimedia for teaching classes. • Articles, stories, or essays less than • Only one copy allowed per student. 2,500 words • Students may incorporate text into • Teachers may make copies in nine multimedia projects. • Excerpt from a longer work (10 percent instances per class per term. of work or 1,000 words, whichever is • Usage must be “at the instance less) and inspiration of a single teacher,” • One chart, picture, diagram, or cartoon i.e., not a directive from the district. per book or per periodical issue • Don’t create anthologies. • Two pages (maximum) from an • “Consumables,” such as workbooks, illustrated work less than 2,500 words, may not be copied. e.g., a children’s book • An entire work • A librarian may make up to three • Copies must contain copyright Printed Material copies “solely for the purpose of information. • Portions of a work (archives) replacement of a copy that is damaged, • Archiving rights are designed to allow • A work in which the existing format deteriorating, lost, or stolen.” libraries to share with other libraries has become obsolete, e.g., a document one-of-a-kind and out-of-print books. stored on a Wang computer • Photograph • Single works may be used in their entirety, • Although older illustrations may be in Illustrations but no more than five images by a single the public domain and don’t need permis- • Illustration and Photographs artist or photographer may be used. sion to be used, sometimes they’re part • Collections of photographs of a copyright collection. Copyright • From a collection, not more than 15 • Collections of illustrations ownership information is available at images or 10 percent (whichever is www.loc.gov or www.mpa.org. less) may be used. • Videotapes (purchased) • Teachers may use these materials in • The material must be legitimately Video the classroom. acquired. • Videotapes (rented) (for viewing) • Copies may be made for archival • Material must be used in a classroom • DVDs purposes or to replace lost, damaged, or nonprofit environment “dedicated • Laserdiscs or stolen copies. to face-to-face instruction.” • Use should be instructional, not for entertainment or reward. • Copying OK only if replacements are
  • 2. unavailable at a fair price or in a viable format. • Videotapes • Students “may use portions of lawfully • The material must be legitimately Video acquired copyright works in their acquired (a legal copy, not bootleg or • DVDs (for integration into academic multimedia,” defined as 10 home recording). • Laserdiscs multimedia or video percent or three minutes (whichever • Copyright works included in multimedia projects) • Multimedia encyclopedias is less) of “motion media.” projects must give proper attribution • QuickTime Movies to copyright holder. • Video clips from the Internet • Records • Up to 10 percent of a copyright musical • A maximum of 30 seconds per musical Music composition may be reproduced, composition may be used. • Cassette tapes (for integration into performed, and displayed as part of a • Multimedia program must have an • CDs multimedia or video multimedia program produced by an educational purpose. • Audio clips on the Web projects) educator or students. • Software (purchased) • Library may lend software to patrons. • Only one machine at a time may use Computer Software the program. • Software (licensed) • Software may be installed on multiple machines, and distributed to users via • The number of simultaneous users must a network. not exceed the number of licenses; and the number of machines being used • Software may be installed at home and must never exceed the number licensed. at school. A network license may be required for • Libraries may make copies for archival multiple users. use or to replace lost, damaged, or • Take aggressive action to monitor that stolen copies if software is unavailable copying is not taking place (unless for at a fair price or in a viable format. archival purposes). • Internet connections • Images may be downloaded for • Resources from the Web may not be Internet student projects and teacher lessons. reposted onto the Internet without • World Wide Web permission. However, links to legitimate • Sound files and video may be down- resources can be posted. loaded for use in multimedia projects (see portion restrictions above). • Any resources you download must have been legitimately acquired by theWeb site. • Broadcast (e.g., ABC, NBC, CBS, • Broadcasts or tapes made from broad- • Schools are allowed to retain broadcast Television UPN, PBS, and local stations) cast may be used for instruction. tapes for a minimum of 10 school days. (Enlightened rights holders,such asPBS’s • Cable (e.g., CNN, MTV, HBO) • Cable channel programs may be used ReadingRainbow, allow for much more.) with permission. Many programs may • Videotapes made of broadcast and be retained by teachers for years— • Cable programs are technically not cable TV programs see Cable in the Classroom covered by the same guidelines as (www.ciconline.org) for details. broadcast television. many of the above guidelines wrote a letter to Congress dated March 19,1976,stating: Sources: United States Copyright Office Circular 21; Sections 107, 108, and Multimedia; cable systems (and their associations); and Copyright Policy and “There may be instances in which copying that does not fall within the guidelines 110 of the Copyright Act (1976) and subsequent amendments, including the Guidelines for California’s School Districts, California Department of Education. stated [above] may nonetheless be permitted under the criterion of fair use.” Digital Millennium Copyright Act; Fair Use Guidelines for Educational Note: Representatives of the institutions and associations who helped to draw up