Copyright
Guidelines

• single copy: chapter of book
• single copy: article from magazine or newspaper
• single copy: short story, short essay, short poem
• single copy: chart, graph, diagram, picture or non-syndicated, non-copyrighted cartoon

• copying several chapters per book
• copying several articles per magazine
• copying consumables: workbooks, copyrighted exercise sheets, tests
• using the same copied material more than once
• photocopying worn  black line masters

• complete poem less than 250 words (not more than 2 pages)
• excerpt from long poem not to exceed 250 words
• article, story, or essay less than 2,500 words
• excerpt (from above) less than 1,000 words or 10% of total, whichever is less
• one chart, graph, diagram, picture, or non-syndicated, non-copyrighted cartoon per book or periodical
• works combining prose, poetry, etc., less than 10% of whole
• IF.....
  • copying is for one course only
  • insufficient time to request permission
  • one work from a single author
  • less than 3 authors from collective work
  • 9 or less instances of multiple copying per term
  • copying not used to create or replace anthologies
  • same copying not repeated next term
  • students not charged beyond photocopying fees
• classroom quantities of current news articles if individual articles not copyrighted
• all multiple copying must be at the inspiration of the individual teacher and the decision to use the material so close to the date needed for instruction as to preclude securing copyright permission from the copyright holder

• using/making multiple copies of same material semester after semester
• creating "anthologies"
• copying workbooks and other works meant to be used once by one student
• copying shall not be directed by higher authority (teacher must make own copies)
• copying more than one or two excerpts from a single author during one class term
• copying more than two articles from a magazine per year
• copying from workbooks, tests, or other consumables
• copying a blackline master

Permission to copy articles from magazines is usually easy to obtain. Look in the magazine for email addresses or click here for a form to send to the publisher.

• one illustration per book
• two pages per book as long as they don’t comprise more than 10% of  the book

• copying more than 10% of the text from a big book or picture book
• creating a Big book out of a regular sized picture book
• making an audio-tape of someone narrating a big book or picture book

• creating slide or digitizing photos from books, magazines, etc., as long as only one copy is made per source used
• making one overhead transparency of one page of one workbook
• converting a damaged filmstrip to a slide set, keeping same order minus damaged frames
• enlarging a map with an opaque projector for tracing but not duplicating color scheme, symbols, etc.
• copying non-dramatic literary, audiovisual works for use by blind or deaf individuals

• copying audio tapes or video tapes for archival or backup purposes
• reproducing musical works or converting from one form to another (cassette to CD/DVD) except for personal use only
• copying any audiovisual work in its entirety (except off-air taping)
• converting from one medium format to another
• recording the text of a book or textbook onto an audiocassette
• using the same video or music more than once without asking permission. Click here for a form to use to request permission.

Always ask for permission when time allows.

• emergency copies for performance provided copies are later purchased
• for study or teaching, single or multiple copies of excerpts

  • only if excerpts do not constitute a performable unit such as a movement or aria

• editing purchased copies for simplification

  • if the character of work is not changed

  • if the lyrics are not changed

• single copy of performances by students made for evaluation or rehearsal purposes

• copy of recording for purposes of aural testing
• portion of commercial music played as background in student media production

• copying for performances
• copying to create anthologies
• copying to avoid purchasing
• copying but excluding copyright notice
• performing a work in public without a license or paying royalty fees

• program OFF-AIR
• IF.....
  • program is used for instructional purposes, or face-to-face teaching, not for entertainment or filler
  • program is recorded by a teacher (teacher cannot ask another person to copy for him/her)
  • program is shown once and repeated once per class by individual teacher during first 10 consecutive school days after broadcast
  • program is not retained beyond 45 calendar days
  • program is recorded in its entirety (need not be used in its entirety)
  • after first 10 consecutive school days, program is used only for evaluation by teacher

• videotaping in anticipation of requests
• videotaping for another person
• retaining a program longer than 45 days
• showing a program after ten days
• showing for motivation, filler, or entertainment purposes
• taping a program at home, using in the classroom, and subsequently retaining in personal collection

• program at home and bring to school to use but all educational guidelines must be followed
• may show "home" tape if above criteria are followed and if tape legally made

• retaining program after use under educational guidelines

• programs being simultaneously broadcast (see OFF-AIR educational/ instructional guidelines)
• may show videos or motion pictures via cable within a building as long as programs are used in face-to-face teaching and are of an instructional nature

• taping programs not being broadcast simultaneously (CNN, Discovery, Disney, HBO, etc.) unless prior approval or license obtained from cable network
• showing programs of a musical, dramatic, or entertainment nature
• copying cable or satellite programs without permission.  Note:  Cable magazines like Cable in the Classroom list the varying copying/retention rights of individual programs.

• showing purchased or rented videotape or DVD for curriculum-supported, face-to-face teaching activities in a classroom
• using up to 10% or 3 minutes (whichever is less) of a video for other purposes, crediting the copyright holder.

• showing purchased or rented videotape for entertainment, rewards, rainy days, filler, or non-instructional purposes
• allowing students to bring videos or DVDs for entertainment in class, on bus rides, etc.
  • Note:  Performance rights may be acquired at time of purchase; then it’s legal to show such videos for non-instructional events.

• copying from a satellite transmission or on-line transmission will depend on the contractual agreement with the satellite company

• copies of motion pictures, other AV works, choreographic works and pantomimes
• copies of broadcasts that are of a "general cultural nature" or intended for transmission as part of an information storage and retrieval system

• copying into RAM if copying is necessary to use the program
• one copy for archival purposes
• probably may make a 3.5" disk from a 5 1/4" disk if the 5 1/4" disk is considered the archival copy
• back up copies of hard drives as long as they are not used to run another drive
• library lending of public domain software

• circulation of archival copy
• "networking" software without license or permission
• loading a single copy of a software program onto several computers for simultaneous use
• making copies of copyrighted software for student use

• may download searches

• downloaded searches should not be retained
• downloaded material may not be used to create a derivative work

•  printing out pages of reference or other works for study or teaching

• printing out large section of work

• school chorus performance open to the public if sheet music has been purchased with public performance rights.

• school drama club performing copyrighted play broadcast over cable to classes
• recording of choral or instrumental concerts of copyrighted material and then giving or selling recording to parents
• playing copyrighted material at dances or assemblies without securing rights

• teacher or student-developed multimedia program of copyrighted programs for use in classroom only
  • Note:  Students may keep their work indefinitely; teachers may keep their work for only two years.
• IF:  the following limitations are observed:
  • Motion media
    • use of up to 10% or 3 min., whichever is less, of an individual program
  • Text
    • up to 10% or 1000 words, whichever is less; short poems less than 250 words may be used in their entirety
  • Music
    • Up to 10% but no more than 30 sec. From a single work (or combined from separate extracts of  a work)
  • Illustrations, cartoons, photographs
    • no more than 5 images from a single artist or photographer, no more  than 10% or 15 images from a single collective work
  • Numerical data sets
    • up to 10% or 2,550 fields or cells whichever is less
• In all cases, if there is time you must ask the copyright holder for permission to use. Click here for forms - print    AV

Click here to watch a video that shows best practices in mixing and using copyrighted media in your projects.

• teacher or student-developed multimedia program of copyrighted works for use in displays, festivals, parent meetings or other public events
• administrator or other staff developed multimedia program using copyrighted works shown outside of fair use guidelines.
• Using the same pieces of copyrighted works for more than one presentation. (If there is time, you must ask for permission to use, and if you use the same presentation year after year it is presumed that there is time to ask.)

Click here for forms to request permission- print    AV

Here is a fun way to help determine if something can be used in your courses: www.baruch.cuny.edu/tutorials/copyright

• downloading public domain software

• uploading copyrighted software to Internet for downloading
• copying and pasting into a new document and claiming it as your own
• collecting materials off the Internet and compiling into a new work
• forwarding material off the Internet to friends, co-workers

Making digital copies of material in obsolete format if there is no equivalent available for purchase.

• digitizing a copyrighted slide collection
• scanning copyrighted materials (magazine photograph, cartoon illustration, etc.) for school newspaper or yearbook

• one graphic per book or periodical
• multiple copies of a single graphic
•  IF...
  • copying is at the instance/inspiration of  teacher
  • copy is for only one course in the school
  • there are not more than nine occurrences of multiple copying  for that course; and not more than one graphic is copied per book or periodical

• adaptation of a popular cartoon character for the school mascot
• copying an image from a coloring book for a worksheet
• making stuffed animals of popular picture book characters
• scanning a cartoon into school newsletter

PERMITTED

Students may use

• copyrighted pictures, video clips, photocopies as part of a project turned in to the teacher as an assignment
  • Note: These projects may be shared within the school, but  would be in violation if taken to an awards ceremony or other public performance.

• public use or showing of any copyrighted material beyond small excerpts as outlined above
  • Note: credit must be given to the copyright owner of all excerpts
• showing of rented or owned home use videos to whole class for entertainment (such as on bus trips, etc.)
• using any materials that are not obtained legally (purchased or rented.)