Copyright and Fair Use Guidelines for Teachers

TECHNOLOGY 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 fair use guidelines and copyright resources is available at LEARNING teachers in your school or district, or download a PDF www.halldavidson.net. version at

Medium Specifics What you can do The Fine Print

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

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

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

Video • Videotapes (purchased) • Teachers may use these materials in the • The material must be legitimately (for viewing) • Videotapes (rented) classroom. acquired. • DVDs • Copies may be made for archival purposes • Material must be used in a classroom or or to replace lost, damaged, or stolen nonprofit environment “dedicated to face- • Laserdiscs copies. 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.

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

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

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

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

Television • Broadcast (e.g., ABC, NBC, CBS, UPN, • Broadcasts or tapes made from broadcast • Schools are allowed to retain broadcast PBS, and local stations) may be used for instruction. tapes for a minimum of 10 school days. • Cable (e.g., CNN,MTV, HBO) • Cable channel programs may be used with (Enlightened rights holders,such as PBS’s ReadingRainbow, allow for much more.) • Videotapes made of broadcast and cable permission. Many programs may be TV programs retained by teachers for years— see Cable • Cable programs are technically not in the Classroom (www.ciconline.org) for covered by the same guidelines as details. broadcast television. Sources: United States Copyright Office Circular 21; Sections 107, Multimedia; cable systems (and their associations); and Copyright many of the above guidelines wrote a letter to Congress dated March 108, and 110 of the Copyright Act (1976) and subsequent Policy and Guidelines for California’s School Districts, California 19,1976,stating: “There may be instances in which copying that does amendments, including the Digital Millennium Copyright Act; Fair Department of Education. Note: Representatives of the institutions not fall within the guidelines stated [above] may nonetheless be Use Guidelines for Educational and associations who helped to draw up permitted under the criterion of fair use.”