A Wide Variety of Works Such As Books, Articles, Films, Recordings and Other Works of Art. The

Copyright law reflects a public policy that protects ownership rights of the creators or owners of a wide variety of works such as books, articles, films, recordings and other works of art. The members of the Cary Academy community (teachers, students and staff) are substantial users of “intellectual property” as part of their daily activities at the school. It is important that use of such property be in compliance with applicable copyright law in furtherance of the school’s educational mission and reputation. Here are some general principals intended to assist faculty, staff and students in dealing with copyright issues.

What materials are covered?

At the outset, it should be noted that works by the Federal Government and works published before 1923 are not protected by copyright law and may be used without liability for infringement. These works are said to be in the “public domain”. Limits on copyright are currently life of the author plus 70 years. Limits on anonymous publications are 95 years from the publication or 120 years from the creation of the work. The law of copyright should be assumed to apply to any other items of intellectual property that are used in school. Members of the Cary Academy community have the right to the use of textbooks, teacher’s manuals, library books, videos and software that have been purchased by the school for use in their original forms and formats. We may also copy such property where permission to do so has been given. Other uses of such property must be determined to be “fair use” to comply with copyright law.

What is “fair use” of intellectual property?

There are four factors that should be equally weighted to make a determination of Fair Use under the 1976 Copyright Act:

1. Purpose and character of use

 Are you making multiple copies? Are they for classroom use only?  Are you incorporating text into multimedia projects? Up to 10% is normally acceptable but the clip may not be altered.  Are you replacing a damaged or stolen copy of a work? An additional copy may be made for purposes of preservation and may be used to replace a lost or damaged copy.  Is this for instructional purposes or for entertainment? Instructional use has more flexibility under fair use.

2. Nature of the work

 Is the work fiction or non-fiction, a documentary or a dramatic production?  Is this a workbook? It may not be copied without permission.  Is this licensed software? Follow the stipulations of licensure.  Do not claim a fair use exemption on an unsecured web site.  If the work is from the internet determine whether the source contains both copyrighted and public domain sites and proceed accordingly. When in doubt, write for permission to use a resource.

3. Amount of copying

 Are you copying only up to 10% of a copyrighted work or 1000 words?  If the medium is video, is the broadcaster an enlightened rights holder allowing longer time for holding and viewing? If copying, are you copying less than three minutes of a work?  Are you copying only three poems of an artist’s output? Fewer than five visual images by a photographer or artist? Less than 10% of a sound recording or 30 seconds? Less than 10% of a data table?

4. Effect of copying on the potential market value of the work

 Is this material readily available for purchase?  Is this material legitimately acquired?  If the material is being used repeatedly by the same instructor for the same course, permission will be required of the copyright owner.  Access to materials online must be limited by password to avoid unauthorized access outside course participants.

What other considerations affect copyright status?

 Copyright notices are not mandatory on copyrighted materials.  An unpublished work such as a family photo or an unpublished manuscript is copyright protected.  When looking for clip art, look for websites that state the site contains works in the public domain, not copyrighted works.  Movies and DVD’s are subject to stringent rules regarding fair use.  In the classroom, a teacher must be in attendance and the video must have academic relevance to the curriculum.  Being a not-for-profit institution does not exempt a school from copyright issues.  Charging or not charging money for showing a work does not alter copyright protections.  Some websites, like MP3.com, pay for their archives; others do not and the material may not be acquired legitimately. Check the source.  Different guidelines apply to different mediums. Video, illustrations, printed materials (fiction, non-fiction, full-text books, poetry and essays), and computer software all have different usage guidelines regarding copyright and fair use.  It is important to display a statement that a presentation has been prepared under the fair use exemption of the U.S. Copyright Law and is therefore restricted from further use.  Included in a request for permission to use copyrighted material: your name, email address, identification of the group to which the material will be distributed, explanation of how the material will be used and what portion will be used and how many copies will be required. Always cite the source.  Be aware that the fair use principle is under scrutiny and may be tightened or eliminated with new proposed legislation. Cary Academy Movie License information: Cary Academy recently purchased a movie license which will allow us to be copyright compliant when showing movies outside the realm of instruction. (i.e. extended day, student “lock ins”, assemblies, rained-out field days, or unexpected times when movie entertainment has a place in the school day) In addition, the license permits use of closed-circuit television to facilitate multiple classrooms viewing the same material. Our license includes exclusive rights to show movies produced or distributed by Walt Disney Pictures, Touchstone Pictures, Hollywood Pictures, Columbia Pictures, Tri-Star Pictures, Paramount Pictures, DreamWorks Pictures, Metro-Goldwyn-Mayer, United Artists, Warner Bros., Sony Pictures, And Universal Pictures. Further information may be found at http://www.movlic.com/copyschool.html. Please review Cary Academy's Policy regarding Academic Honesty, Plagiarism and Academic Fair Use.