Board The School District of Elmbrook recognizes an obligation to respect and observe the federal copyright law and the resulting federal copyright guidelines, specifically pertaining to classroom copying of print and non-print material including computer software, downloading documents and media from the Internet, educational uses of music, video, and off the air recording by non-profit educational institutions. The District believes that all staff members and students must be cognizant of their responsibility to adhere to the copyright laws and guidelines.
U.S. Code: Title 17 Chapter 5 Section 501
Adopted -- January 9, 1996
Reconfirmed -- 12/98
Revised -- 3/2003, 4/2007
Practice Statement 6163.2 – Copyright
A. It is the intent of the School District of Elmbrook to adhere to the provisions of Title 17, United States Code, and other federal legislation and guidelines
related to the duplication and use of cpyrighted materials.
B. The "fair use" criteria for copying listed in section 107 of the law describe the extent to which a copyrighted work may be copied without permission of the
copyright owner. The four factors are:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work.
3. The nature and substantiality of the portion used in relation to the copyrighted work as a whole.
4. The effect of the use upon the potential market for or value of the copyrighted work.
All four factors must be found to be positive before "fair use" is satisfied.
C. After one use, copyright clearance should be sought from the copyright holder using the District's Copyright Clearance Request Form. Three
copies of the letter should be made, one for the school media center and two for the publisher. A stamped, self addressed envelope should be included
with the request.
D. Guidelines for copying books and periodicals:
1. The making of single copies of articles, short stories, illustrations, etc., by a teacher for lessons or research constitutes fair use.
2. Multiple copies for an entire class may constitute fair use if the tests of brevity, and spontaneity cumulative effect are met.
3. Copyright notice should be included on all photocopies.
4. Copies should not substitute for the purchase of books, periodicals, computer software, music or videotapes.
5. District media centers will comply with section 108 which authorized other types of copying not falling under "fair use", such as the making of a
single copy of the entire work if the work was damaged, stolen, or is out of print and cannot be replaced at a fair price.
6. The following notices are required under the copyright law and shall be used in the Elmbrook School District:
a. All copied material must be labeled with the following notice: "Notice: This material may be protected by copyright law (Title 17 U.S. Code)."
b. Notices must be posted at all unsupervised photocopy machines stating: "Notice: The copyright law of the U.S. (Title 17 U.S. Code) governs the
making of photocopies or other reproductions of copyrighted material. The person using the equipment is liable for any infringement.
c. A notice must be posted where requests for copies are accepted by the school media center staff stating: "Warning Concerning Copyright
Restrictions: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted
material."
E. Guidelines for off air videotaping:
1. The District will adhere to the guidelines pertaining to off air taping for educational purposes set forth in the Congressional Record in October 1981
by Congressman Robert Kastenmeier, Chairman of the House of Representative Judiciary Subcommittee on Courts, Civil Liberties, and
Administration of Justice.
2. Television broadcast programs may be recorded off air and shown to students only within the first 10 school days after recording. After that, it can
be used by teachers for evaluation purposes only and retained for no more than 45 calendar days after the recording date.
3. Off air recordings may only be made at the request of an individual teacher for instructional purposes, not by school staff in anticipation of later
requests by teachers.
4. The taped recordings may be viewed after the 10-day period only by teachers to determine whether to include the program in the curriculum.
5. If several teachers request the same program, duplicate copies may be made with all copies subject to the same restrictions as the original.
No program may be taped a second time for a given teacher, even if re broadcast.
6. Off air recordings need not be used in their entirety but the recording may not be physically or electronically altered or combined with others to
form an anthology.
7. All copies of off air recordings must include the copyright notice as recorded in the broadcast program. All videotapes shall be labeled with the
following information: school, title, date, length, copyright status. All AV request forms shall include the following copyright statement: "I am
aware of copyright laws and this request is not in violation of those laws."
8. These guidelines apply only to broadcast television. Programs transmitted by cable stations, satellite or distance education operate under rules
regulated by the copyright owners. See the individual network or publications such as "Cable in the Classroom" for copyright information.
F. Guidelines for music copying: The guidelines drawn up by music publishers and educators include as fair use:
1. duplication in an emergency to replace purchased copies;
2. excerpting small portions of music for non performance instructional purposes;
3. editing printed copies which have been purchased, as long as the fundamental character of the work is not distorted or lyrics changed;
4. making a single copy of a sound recording owned by the teacher or institution for the purpose of constructing aural exercises or examinations;
5. copying without copyright notice, to avoid purchase, or to replace consumables is not considered air use.
G. Guidelines for computer software: The District intends that the copyright laws pertaining to computer software be respected and that adequate
procedures be in place to assure full compliance with copyright law. The following statements are intended to clarify the district policy in this regard.
1. All computer software installed and in use on District hardware must be licensed, including commercial software and shareware.
2. A license is required for each software copy loaded on a hard drive or file server. In no case can the number of copies in use on a network exceed
the number of licenses.
3. Each school is expected to establish a process to provide accountability for the legality of all software loaded and in use in the District.
4. District guidelines for this process are developed for schools by the District of Technology.
5. Software licenses or similar records of purchase for all computer software must be available for inspection upon request.
6. Staff members and students are prohibited from loading any personally owned software on District hardware for which the district does not
have a license.
7. Backup archival software is restricted to use in restoring original licensed software on a hard drive or network.
H. Guidelines for Educational Multimedia: The Fair Use Guidelines for Educational Multimedia were adopted by the House Judiciary Subcommittee
on Courts and Intellectual Property in September, 1996, and apply to the use of lawfully acquired copyrighted material in multimedia projects and
publishing on the INTERNET.
1. Such use is permitted by students and educators for educational use in the course for which they were made; for use in their own portfolios
as examples of their work; for presentation to peers at workshops and conferences; in face to face instruction.
2. Projects may be used for two (2) years after the first instructional use with a class. After that time, permission must be sought for each
copyrighted portion.
3. Portion limitations: These apply to the total amount of material derived from a single copyrighted work that is incorporated in educational
multimedia project(s) created over a semester by an individual student or educator. The guidelines recognize that students in grades K 5
may not be able to adhere rigidly to the portion limitations. In each alternative, it is lesser of the two amounts: Motion Media: 10% or 3 minutes;
Text: 10% or 1000 words; Music, Lyrics, Music Videos: 10% or 30 seconds--no alteration to basic melody; Numerical Data Sets: 10% or 25000 fields
or cell entries; Illustrations and Photographs: 10% or 15 images from a published collective work--no more than 5 by a single artist or photographer.
Poems: An entire poem, if less than 250 words, 250 words but no more than 3 excerpts by a poet, or 5 excerpts by different poets in an anthology.
4. Proper credit should be given to any copyrighted material borrowed from the INTERNET.
5. Neither educators nor students may use their personally created products over electronic networks beyond the limits listed above without obtaining
permission for all copyrighted material.
I. All staff will be alerted annually to the copyright guidelines.
J. The responsibility for adhering to copyright law and guidelines rests solely with the person making or requesting the copy.
K. The Superintendent shall appoint a copyright officer for the district to implement these policies. Each principal should work with the school library media
specialist to set up and maintain the school's copyright records.
Date Approved -- June, 1997
Revised -- 6/2003
Reconfirmed -- 4/2007
