Copyright and Fair Use Standards for Teachers

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					                   Copyright and Fair Use Standards for Teachers
                                (Updated 11/19/08)


Type of Resource      Specific
                      Requirements                      What is Allowed                   Other Info
Printed Material      •Poem less than 250 words or      •Make multiple copies for         •Copies may be made only
                      250 word excerpt of poem          classroom use and                 from legally acquired
                      greater than 250 words            incorporate into multimedia       originals
                      •Articles, stories, essays less   for teaching classes              •Only one copy allowed per
                      than 2500 words                   •Students may incorporate         student
                      •Excerpt from a longer work       text into multimedia projects     •Teachers may make copies 9
                      (10% of work or 1000 words,                                         times per class per term
                      whichever is less)                                                  •Usage must be “at the
                      •One chart, picture, diagram,                                       instance and inspiration of a
                      or cartoon per book or per                                          single teacher”, not by school
                      periodical issue                                                    or district
                      •Two pages (max.) from an                                           •Do not create anthologies
                      illustrated work less than                                          •Consumables, like
                      2500 words                                                          workbooks, may not be
                                                                                          copied
Archived Printed      •An entire work                   •A librarian may make up to       •Copies must include
                      •Portions or a work               three copies “solely for the      copyright information
Material              •A work in which the existing     purpose of replacement of a       •Archiving rights are
                      format has become obsolete,       copy that is damaged,             designed to allow libraries to
                      like a document stored on a       deteriorating, lost or stolen.”   share with other libraries
                      Wang computer                                                       items that are one-of-a-kind
                                                                                          or out-of-print book
Photos &              •Photograph                      •Single works may be used in     •Although older illustrations
                      •Illustration                    their entirety but not more      may be in the public domain
Illustrations         •Collection of photographs       than 5 images by a single        and do not require
                      •Collection of illustrations     artist or photographer may       permission to be used,
                                                       be used                          sometimes they are part of a
                                                       •From a collection, not more     copyrighted collection. To
                                                       than 15 images or 10%            check ownership, see:
                                                       (whichever is less) may be       www.loc.gov or
                                                       used                             www.mpa.org

Video (viewing        •Videotapes (purchased)          •Teachers may use these          •The material must be
                      •Videotapes (rented)             materials in the classroom       legitimately acquired
purposes)             •DVDs                            •Copies may be made for          •Material must be used in a
                      •LaserDiscs                      archival purposes or to          classroom or nonprofit
                                                       replace lost, damaged, or        environment “dedicated to
                                                       stolen copies                    face-to-face instruction”
                                                                                        •Use should be instructional,
                                                                                        not for entertainment or
                                                                                        reward
                                                                                        •Copying is okay only if
                                                                                        replacements are unavailable
                                                                                        at a fair price or in a viable
                                                                                        format
Video (for use in     •Videotapes                      •Students “may use portions      •The material must be
                      •DVDs                            of lawfully acquired             legitimately acquired: a legal
multimedia project)   •LaserDiscs                      copyright works in their         copy or recording
                      •Multimedia encyclopedias        academic multimedia” which       •Copyrighted works included
                      •QuickTime movies                is 10% or 3 minutes              in multimedia projects must
                      •Video clips from the Internet   (whichever is less) of “motion   give proper credit to the
                                                       media.”                          copyright holder
Music (for use in     •Records                      •Up to 10% of a copyrighted      •A maximum of 30 seconds
                      •Cassette tapes               musical composition may be       per musical composition may
multimedia project)   •CDs                          reproduced, performed, and       be used
                      •Audio clips from the         displayed as part of a           •Multimedia program must
                      Internet                      multimedia program               have an educational purpose
                                                    produced by a teacher or a
                                                    student

Television            •Broadcasts from network or   •Broadcasts or tapes made        •Schools are allowed to retain
                      local stations                from broadcasts may be used      broadcast tapes for a
                      •Cable channels               for instruction                  minimum of 10 school days
                      •Videotapes made of           •Cable channel programs can      (some rights holders allow
                      broadcast and cable TV        be used with permission.         more time)
                      programs                      Many programs may be             •Cable programs are
                                                    retained by teachers for         technically not covered by the
                                                    years. For information, see      same guidelines as broadcast
                                                    www.ciconline.org                television

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

Internet                        •Internet connections           •Images may be downloaded       •Classroom resources may be
                                •WWW                            for student projects and        posted only on a password-
                                                                classroom instruction           protected mediated site. They
                                                                •Sound files and video may be   may not be archived. Think
                                                                downloaded for use in           of it as a dynamic bulletin
                                                                multimedia projects             board for enrolled students
                                                                according to restrictions       •Any resources downloaded
                                                                given above.                    or uploaded must have been
                                                                                                legitimately acquired.



Source: U. S. Copyright Office, Circular 21: Sections 107, 108, and 110 of the Copyright Act (1976) and subsequent
amendments, including the Digital Millenium Copyright Act

				
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