Jt. Jerome School District No. 261

INSTRUCTION 2150P

Copyright Compliance

Throughout this procedure, “copies” shall refer to electronic as well as physical copies.

Authorized Reproduction and Use of Copyrighted Material in Print

In preparing for instruction, a teacher may make or have made a single copy of a chapter from a book; an article

from a newspaper or periodical; a short story, short essay or short poem; or a chart, graph, diagram, drawing,

cartoon or picture from a book, periodical or newspaper. A teacher may make multiple copies, not exceeding

more than one (1) per pupil for classroom use if the copying meets the tests of “brevity, spontaneity and

cumulative effect” set by the following guidelines. Each copy must include a notice of copyright.

1. Brevity

a. A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words.

b. Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1000 words or 10% of the work, whichever is less, may be copied; in any event, the minimum is 500 words. (Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph.)

c. One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied. “Special” works cannot be reproduced in full; this includes children’s books combining poetry, prose or poetic prose.

2. Spontaneity. Should be at the “instance and inspiration” of the individual teacher.

3. Cumulative Effect. Teachers are limited to using copied material for only one (1) course in the school in

which copies are made. No more than one (1) short poem, article, story or two (2) excerpts from the

same author may be copied, and no more than three (3) works can be copied from a collective work or

periodical issue during one (1) class term. Teachers are limited to nine (9) instances of multiple copying

for one (1) course during one (1) class term. Limitations do not apply to current news periodicals,

newspapers and current news sections of other periodicals.

Performances by teachers or students of copyrighted dramatic works without authorization from the copyright

owner are permitted as part of a teaching activity in a classroom or instructional setting. All other performances

require permission from the copyright owner.

The copyright law prohibits using copies to replace or substitute for anthologies, consumable works, compilations

or collective works. “Consumable” works include: workbooks, exercises, standardized tests, test booklets and

answer sheets. Teachers cannot substitute copies for the purchase of books, publishers’ reprints or periodicals,

nor can they repeatedly copy the same item from term-to-term. Copying cannot be directed by a “higher

authority,” and students cannot be charged more than actual cost of photocopying. Teachers may use copyrighted

materials in overhead or opaque projectors for instructional purposes.

Authorized Reproduction and Use of Copyrighted Materials in the Library

A library may make a single copy of an unpublished work which is in its collection; and a published work in order to

replace it because it is damaged, deteriorated, lost or stolen, provided the unused replacement cannot be

obtained at a fair price.

A library may provide a single copy of copyrighted material to a student or staff member at no more than the

actual cost of photocopying. The copy must be limited to one (1) article of a periodical issue or a small part of

other material, unless the library finds that the copyrighted work cannot be obtained elsewhere at a fair price. In

the latter circumstance, the entire work may be copied. In any case, the copy shall contain the notice of copyright,

and the student or staff member shall be notified that the copy is to be used only for private study, scholarship or

research. Any other use may subject the person to liability for copyright infringement.

At the request of a teacher, copies may be made for reserve use. The same limits apply as for single or multiple

copies designated in "Authorized Reproduction and Use of Copyrighted Material in Print".

Authorized Reproduction and Use of Copyrighted Music

A teacher may make a single copy of a song, movement, or short section from a printed musical work that is

unavailable except in a larger work, for purposes of preparing for instruction.

A teacher may make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical

work if it is to be used for academic purposes other than performance, provided that the excerpt does not

comprise a part of the whole musical work which would constitute a performable unit such as a complete section,

movement, or song. Printed musical works which have been purchased may be simplified provided that the

fundamental character of the work is not distorted and that lyrics are not added or altered.

A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes.

In an emergency, a teacher may make and use replacement copies of printed music for an imminent musical

performance when the purchased copies have been lost, destroyed or are otherwise not available.

Recording of Broadcast Programs

Television programs may be recorded and used for instruction for up to ten (10) days following recording. The

recording may be retained for up to forty-five (45) days for teacher evaluation purposes. The recording may only

be replayed for educational purposes in the classroom or a similar learning environment. No program may be

recorded by or for the same teacher more than once and the recording may not be altered. A limited number of

copies may be made for legitimate educational purposes. All copies of off-air recordings must include the

copyright notice on the broadcast program as recorded. The Superintendent will establish appropriate control

procedures to maintain the integrity of these guidelines.

Authorized Reproduction and Use of Copyrighted Materials on Websites

No information or graphics may be posted on any school system official website in violation of any copyright laws.

The superintendent or web maintenance designee is responsible for maintaining copies of permission granted for

the use of copyrighted material on any school

system official website.

Teacher Instruction to Students for Reproduction and Use of Copyrighted Material

Teachers will instruct students to respect copyright laws and to request permission when their use of material has

the potential of being considered an infringement.

Legal Reference: Pub. L. 94-553 Copyright Act of 1976.

Procedure History:

Adopted on: 01/27/2007

Revised on: 06/22/2010

Revised on: 02/23/2016

Revised on: 09/22/2020