Cut Bank School District                                                                                                                                  


INSTRUCTION                                                                                                                                             2312P

Copyright Compliance


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 student, 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 when there is not a reasonable length of time to request and receive permission to copy.


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 or three digital copies of:


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 or Dramatic Works


Teachers may:


Performance by teachers or students of copyrighted musical or dramatic works is permitted without the authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting.  The purpose shall be instructional rather than for entertainment. 


Performances of nondramatic musical works that are copyrighted are permitted without the authorization of the copyright owner, provided that:


All other musical and dramatic performances require permission from the copyright owner.  Parents or others wishing to record a performance should check with the sponsor to ensure compliance with copyright.


Recording of Copyrighted Programs


Television programs, excluding news programs, transmitted by commercial and non-commercial television stations for reception by the general public without charge may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording.  Upon conclusion of this retention period, all off-air recordings must be erased or destroyed immediately.  Certain programming such as that provided on public television may be exempt from this provision; check with the [principal, teacher or teacher librarian – choose all that apply or add others]  or the subscription database, e.g. united streaming.



Use of Information Resources Regulation


Off-air recording may be used once by individual teachers in the course of instructional activities, and repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive school days, excluding scheduled interruptions, in the 45 calendar day retention period.  Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests.  No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.  A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers.  Each additional copy shall be subject to all provisions governing the original recording.


After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar day retention period only for evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum.  Permission must be secured from the publisher before the recording can be used for instructional purposes after the 10 day period.


Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content.  Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.  All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.


Authorized Reproduction and Use of Copyrighted Computer Software


Schools have a valid need for high-quality software at reasonable prices.  To assure a fair return to the authors of software programs, the school district shall support the legal and ethical issues involved in copyright laws and any usage agreements that are incorporated into the acquisition of software programs.  To this end, the following guidelines shall be in effect: 


Fair Use Guidelines for Educational Multimedia


Students may incorporate portions of copyrighted materials in producing educational multimedia projects such as videos, Power Points, podcasts and web sites for a specific course, and may perform, display or retain the projects. 


Use of Information Resources Regulation


Educators may perform or display their own multimedia projects to students in support of curriculum-based instructional activities.  These projects may be used:

Educators may use copyrighted materials in a multimedia project for two years, after that permission must be requested and received.


The following limitations restrict the portion of any given work that may be used pursuant of fair use in an educational multimedia project:


Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of copyrighted materials.  Permission to copy shall be obtained from the original copyright holder(s) before such projects are placed online.  The opening screen of such presentations shall include notice that permission was granted and materials are restricted from further use.


Notices – Before including this section, make sure employees are ready to comply with it and notices are posted.


The [superintendent, principal, teacher, teacher-librarian, choose all that apply or add others] is responsible for ensuring that appropriate warning devices are posted.  The warnings are to educate and warn individuals using school district equipment of the copyright law.  Warning notices must be posted:

Procedure History:

Promulgated on: November 13, 2012

Reviewed on:

Revised on: