Glendale Community College District 3350
Administrative Regulation
Use of Copyrighted Materials
These Administrative guidelines must be followed in connection with the
use of copyrighted material. A person following the guidelines must
remember that:
The conditions determining the extent of permissible copying for
educational purposes may change in the future.
Certain types of copying that these guidelines indicate are
permitted today may not be permitted in the future; and conversely,
other types of copying that these guidelines indicate are not
presently permitted may be permitted by some future action of the U.S.
Congress or the courts.
When an employee is reproducing someone else’s work, s/he shall first
ascertain whether the copying is permitted by law (see the sections that
follow). If the copying does not fall within the "fair use" provisions of
the R. S. Copyright Act, the employee shall obtain written permission to
reproduce the material from the copyright holder(s) in the manner
described below.
Requests for copyright permission shall include the following
information (sample form letter requesting permission to copy appears at
end of this document):
- Title, author(s), editor(s), and publisher, producer(s), or
distributor
- Edition, copyright, and/or production year
- Exact amount of material to be used (e.g., chapter, lines running
time, scenes, etc.)
- Reference in the letter to the initial contact and the name of
the person contacted if the initial contact was made by phone.
- Nature of the use (I.E., how many times, when, and with whom the
material will be used)
- Number of copies to be made
- How the material will be reproduced
Materials which are clearly in the public domain may be copied in
accordance with the U.S. Copyright Act. However, it should be noted that as a result of the
entry of the United States into an international treaty called the Berne Convention, works
published for the first time on or after March 1, 1989, do not have to carry the notice of copyright (i.e.,©
Copyright Holder’s Name and Year of Publication) to be protected under the provisions of the
U.S. Copyright Act. The safest and most ethical course of action is to secure permission to
reproduce any borrowed material unless a statement on the material itself excuses the user from
securing such permission or unless the U.S. Copyright Act grants exclusion. The following
guidelines specify which uses are permitted and which are prohibited in the use of (1) printed
material; (2) sheet and recorded music; (3) audio recordings, including records, disks, and tapes;
(4) films, videotapes, filmstrips,
overhead transparencies, or slide programs; (5) off-the-air taping
(radio and television); (6) rental, purchase, and use of videotape; (7) computer software;
and (8) works by libraries.
Guidelines for the Use of Printed Materials
1. Permitted Uses
- Single Copies. An individual educator may make single copies of
the following:
- A chapter from a book
- An article from a periodical or newspaper
- A short story, short essay, or short poem, whether or not
from a collective work
- A chart, graph, diagram, drawing, cartoon, or a picture
from a book, periodical, or newspaper.
- Multiple Copies. An individual educator may make multiple
copies for classroom use (not to exceed one copy per student in a
course) of the following:
- A complete poem if it has fewer than 250 words
- An excerpt from a longer poem, but not to exceed 250 words
and not to exceed two printed pages in length (for example, it
is not permissible to reproduce more than two printed pages of
an illustrated poem without permission)
- A complete article, story, or essay of fewer than 2,500
words
- An excerpt from a larger printed work not to exceed 10
percent of the whole or 1,000 words, which ever is less
- One chart, graph, diagram, cartoon, or picture per book or
per issue of a periodical
NOTE: All permitted copying must bear an appropriate reference
(e.g., author, title, date, source, and so forth). Also, the
copying must be at the "instance and inspiration" of the
individual teacher; and the inspiration and decision to use the
work and the moment of its use for maximum teaching effectiveness
must be "so close in time that it would be unreasonable to expect
a timely reply to a request for permission."
2. Prohibited Uses
An individual educator cannot do the following:
- Copy more than one work or two excerpts from a single author
during one class term.
- Copy more than three works from a collective work or
periodical volume during one class term.
- Reproduce more than nine sets of multiple copies for
distribution to students in one class term.
- Copy to create or replace or substitute for anthologies or
collective works.
- Copy "consumable" works, such as workbooks, exercises,
standardized tests, answer sheets, and so forth.
- Copy the same work from term to term.
- Copy the same material for more than one course being
offered in the school.
- Copy to substitute for the purchase of books, publishers
reprints, or periodicals.
- Copy when directed by a higher authority.
- Charge the student beyond the actual cost of photocopying.
Guidelines for the Use of Sheet and Recorded Music
3. Permitted Uses
An individual educator may duplicate:
- Emergency copies for an imminent performance, provided that
they are replacing missing or damaged purchase copies and that
copies of the sheet music or recorded music are purchased in a
timely manner to replace the emergency copies.
- For academic purposes other than performances, single or
multiple copies (one per student) of excerpts not constituting an
entire performance unit or more than 10 percent of the total work.
- Edited or simplified purchased sheet music, provided that
the fundamental character of the work is not distorted; that
lyrics,. If any, are not altered, and that lyrics are not added.
- A single copy of a recorded performance by students that is
to be retained by the institution or individual teacher for
evaluation or rehearsal purposes.
- A single copy of recordings of copyrighted music owned by
the institution or a teacher for constructing aural exercises or
examinations and retained for that purpose.
4. Prohibited Uses
An individual educator cannot duplicate:
- In order to replace or substitute for anthologies,
compilations, or collective works.
- From works intended to be "consumable", such as workbooks,
exercises, standardized tests, and answer sheets.
- For purposes of performance, except as noted in an emergency
(see 1.a. above).
- To substitute for the purchase of music.
- Without inclusion of copyright notice on the copy.
Guidelines for the Use of Audio Recordings – Records, Disks and
Tapes
1. Permitted Uses
An individual educator may:
- For academic purposes other than performance, make a single
copy of a portion of a sound recording for a student, provided
that the portion does not comprise a part of the whole which would
constitute a performable unit and in no case more than 10 percent
of the whole work. This copy can be used only in the educational
context in which it was made and may not be sold or performed for
profit.
- Make a single copy of recordings of performances by students
for evaluation or rehearsal purposes, which may be retained by the
educational institution or individual teachers for such purposes.
- Make a single copy of the sound recording of copyrighted
music or a portion thereof from sound recordings owned by an
educational institution or an individual teacher for the purposes
of constructing aural exercises or examinations and which may be
retained by the educational institution or individual teach for
such purposes
2. Prohibited Uses
An individual educator cannot:
- Duplicate audio recordings unless reproduction rights were
given at the time of purchase.
- Reproduce music works or convert to another format (e.g.,
record to tape) unless prior written permission is secured.
Note: Answers to questions pertaining to making multiple
copies of sound recordings should
be obtained in writing from the
person or agency holding the copyright.
Guidelines for the Use of Films, Videotapes, Filmstrips,
Overhead Transparencies,
and slide Programs
1. Permitted Uses
An individual educator may:
- Allow a student to make a single copy of a small portion of
a copyrighted film, videotape, or filmstrip for legitimate
scholarly or research purposes if the material is owned by the
school that the student is attending.
- Duplicate a single copy of a small portion of a film or
filmstrip for scholarly or teaching purposes.
- Create a slide or overhead transparency series from multiple
sources as long as creation does not exceed 10 percent of the
photographs from one source (book, magazine, filmstrip, and so
forth) unless the source forbids photographic reproduction.
- Create a single overhead transparency from a single page of
a "consumable" workbook.
- Excerpt sections of a film for a local videotape (not to be
shown over cable) if excerpting does not exceed 10 percent of the
total nor the "essence" of the work.
- Reproduce selected slides from a series if reproduction does
not exceed 10 percent of total and does not excerpt "the essence"
of the original work.
2. Prohibited Uses
An individual educator cannot:
- Reproduce an audiovisual work in its entirety.
- Convert one media format to another (e.g., film to
videotape) unless prior written permission is secured.
- Copy any portion of a film, videotape, or filmstrip sent to
the school for preview or rent, or owned by another school or
institution, without the express written permission of the
copyright holder. This includes any material borrowed by the site
or sent to the site for preview.
Note: The
copyright of a film or videotape governs the performance
(showing) as well as the
copying of it. It is permissible to show a film to students
using closed-circuit television if
the system is confined to one building. Showing a film or videotape via closed-circuit
television outside the
building is not permitted.
Guidelines for the Use of Television – Off-the-Air Taping
The primary purpose of the Federal "Guidelines for Off-Air Recording of
Broadcast Programming for Educational Purposes" is to provide standards
for both owners and users of copyrighted television programs. These
guidelines were developed in 1979 by a committee appointed by Congressman
Robert Kastenmeier, Chairman of the House of Representative’s Subcommittee
on Courts, Civil Liberties, and Administration of Justice. They spell out
how the fair use provision of the U.S. copyright law apply to the
recording, retention, and use of television broadcast programs for
educational purposes. Generally, the guidelines outline the procedures to
follow for the short-term use of videotape recordings off-the-air in
face-to-face instruction within a specified time period. The guidelines
also enable educators to preview instructionally related materials for
possible acquisition through purchase, lease, rental, or free-loan
agreements by the county and district. The fair use rights and limitations
for off-the-air taping of television programs are clarified below. (Sample
forms to request information on the rights to a television broadcast and
permission to make an off-the-air taping appear on the last pages of the
document.)
1. Permitted Uses
Individual educators may:
- Record a broadcast program off-air simultaneously with
broadcast transmission, including simultaneous cable
retransmission, and retain the recording for a period not to
exceed the first 45 consecutive calendar days after the date of
the broadcast. At the conclusion of the retention period, all
off-air recordings shall be erased or destroyed immediately.
Broadcast programs are television programs transmitted for
reception by the general public without charge. Individuals who
wish to retain programs beyond the 45-day period need to obtain
written approval of appropriate copyright holders.
- Use off-air recordings once for each class in the course of
relevant teaching activities during the first ten consecutive
school days in the 45-day retention period and repeat once only
when instructional reinforcement is necessary. These recordings
may be shown in classrooms and similar places devoted to
instruction within a single building, cluster, or campus, as well
as in the homes of students receiving formalized home instruction
during the first ten (10) consecutive days in the 45 calendar day retention period.
- After the first ten consecutive school days, use off-air
recordings to the end of the 45-calendar-day retention period for
evaluation purposes only (i.e., to determine whether the broadcast
program should be purchased for the curriculum). The program may
not be used for student exhibition or any other non-evaluation
purpose without written authorization.
- Use copies of off-air recordings, as stipulated in these
guidelines, only if the copies include the copyright notice on the
broadcast program.
- Request that off-air recording be made for fair use. This
recording can be made only at the request of, and for use by,
individual teachers; it cannot be recorded in anticipation of an
educator’s request. A limited number of additional copies may be
reproduced from each off-air recording to meet the legitimate
needs of teachers under these guidelines. Each such additional
copy shall be subject to all provisions governing the original
recording. 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.
- Request that a library record and retain for research or
education purposes commercial television news programs from local,
regional, or national networks; interviews concerning current
events, and on-the-spot coverage of news events. However,
documentary, magazine-format, and public affairs broadcasts are
not included in the definition of daily newscasts of major events
of the day.
Note: Regional providers of instructional programming in
California purchase off-the-air
duplication rights on behalf of
the schools they serve. Regional instructional television
(ITV)
agencies should be consulted for clarification in the use of these
programs.
2. Prohibited Uses
Individual educators cannot:
- Tape off-air programs in anticipation of an educator’s
requests.
- Request that broadcast program by recorded off-air more than
once for the same educator, regardless of the number of times the
program may be broadcast.
- Use the recording for instruction after ten consecutive
school days.
- Hold the recording for weeks or indefinitely because (1)
units needing the program concepts are not taught within the
ten-day use period; (2) an Interruption or technical problems delayed its use; or (3)
another teacher wishes to use it, or any other supposedly
"legitimate" educational reason.
- Record programs off-air without written permission from the
author/producer/distributor when a special notice is provided
specifically prohibiting reproduction of any kind.
- Alter off-air programs from their original content.
Broadcast recordings may not be physically or electronically
combined or merged to constitute teaching anthologies or
compilations.
Note: The copying or use of subscription programs
transmitted via subscription television
cable services, such as
HBO or Showtime, is illegal. Such programs are licensed
for
private home use only and cannot be used in public school.
"Pay" programs received via
satellite dish are subject to these
guidelines.
Guidelines for the Use of Radio – Off-the-Air Taping
1. Permitted Use
Individual educators may:
- Allow a student to make a single copy of a small portion of
a copyrighted radio program for legitimate scholarly or research
purposes. Such a copy may not be sold or performed for profit.
- Copy radio broadcasts consistent with fair use guidelines
established for off-air videotaping for use in face-to-face
instruction. Contractual right may entitle an individual to
retain/use educational programs (i.e., those aired over National
Public Radio, Public Broadcasting, and so forth) beyond the fair
use period. Rights to extend the ten-day use period or the 45-day
retention/evaluation period should be obtained in writing from the
agency or individual holding distribution rights. Retention (not
use) of recorded programs is permitted until additional use rights
are established.
Guidelines for the Rental, Purchase, and Use of Videotapes
1. Permitted Uses
Unless precluded by county or district policy, individual
educators may:
- Use purchased or rented videotapes (e.g., feature films) as
part of a systematic course of instruction. Such use shall be for
face-to-face instruction and must take place in a classroom or
similar area devoted to instruction.
- Use only lawfully made videotapes.
2. Prohibited Uses
Individual educators cannot:
- Use rented or purchased videotapes where a written contract
prohibits such use in a classroom or face-to-face teaching
situation.
Note: County and district agencies may wish to require
approval by the principal,
Curriculum director, or department chair prior to the showing
of rented or purchased
feature films or videotapes.
Guidelines for the Use of Computer Software
1. Permitted Uses
The 1976 U.S. Copyright Act and its 1980 amendments remain
vague in some areas of
software use and its application to education. When the law
itself is vague, software
licenses tend to be much more specific. It is, therefore,
imperative that educators read
the software’s copyright statement and understand the licensing
restrictions printed the
there. Generally, however, individual educators may:
- Make a copy of an original computer program for the purpose
of maintaining the availability of the program should it be
damaged during use. Either the copy or the original may be
retained in archives. Only one, either the original or the copy,
may be used at any one time.
- Make a copy of a program as an essential step in using the
computer program as long as it is used in conjunction with the
machine and in no other manner.
- Make a new copy from the archival program in the event the
program in use is damaged or destroyed.
- Make a new copy for archival or "backup" purposes. This copy
may be held only as a file copy and must be destroyed when the
program is no longer rightfully owned by the college unless the
copyright owner authorizes its sale, lease, or transfer as part of
the sale, lease, or transfer of the original program.
2. Prohibited Uses
An individual teacher cannot:
- Load the contents of one disk into multiple computers for
use at the same time in the absence of a license permitting the
user to do so.
- Load the contents of one disk into local network or
disk-sharing systems in the absence of a license permitting the
user to do so.
- Make or use illegal copies of copyrighted programs on school
equipment.
- Allow any student to surreptitiously or illegally duplicate
computer software or access any data base or electronic bulletin
board.
- Make copies of copyrighted programs for any purpose other
than those specifically named under permitted use.
Note: No employee of the county or district shall
surreptitiously or illegally access any data
base or electronic
bulletin board.
Guidelines for the Reproduction of Works for Libraries
The copyright law imposes extensive restrictions on the
reproduction of works for school
libraries. Systematic duplication of multiple copies is
forbidden by law, with the
exceptions noted below:
1. Permitted Uses
A librarian may:
- Arrange for interlibrary loans of photocopies of works
requested by users, provided that copying is not done to
substitute for subscriptions to or purchase of a work.
- Within any calendar year, make for a requesting entity five
copies of any article or articles published in a given periodical
within the last five years prior to the date of the request for
the material.
- Make single copies of articles or phono-records or excerpts
of longer works for a student making a request, provided the
material becomes the property of the student for private study,
scholarship, or research.
- Make a copy of an unpublished work for purposes of
preservation, of a published work to replace a damaged copy, and
of an out-of-print work that cannot be obtained at a fair price.
- Make off-the-air tape recordings of daily television news
broadcasts for limited distribution to researchers and scholars
for research purposes.
- Selectively make a copy for purposes of preservations or
security, in accordance with the provisions of fair use, of a musical work,
pictorial, graphic, sculptural work, motion picture, or other
audiovisual work if the current copy owned by the library is
damaged, deteriorated, lost, or stolen; and it has been determined
that an unused copy cannot be obtained at a fair price.
2. Prohibited Uses
A librarian cannot:
- Make copies for students if there is reason to suspect that
the students have been instructed to obtain copies individually.
- Copy without including a notice of copyright on the
reproduced material.
Note: To avoid liability for copyright infringement on the
part of the library or an employee as a
result of unsupervised
duplicating, libraries must display notices to the effect that
making
a copy may be subject to the U.S. Copyright Act. The
Register of Copyrights has
prescribed the requirements for such
warnings as follows:
NOTICE
Warning Concerning Copyright Restrictions
The copyright law of the United States (Title 17, United
States Code)
governs the making of photocopies or other reproductions of
copy-
righted material.
Under certain conditions specified in the law, libraries and
archives
are authorized to furnish a photocopy or other reproduction.
One
of these specified conditions is that the photocopy or other
reproduction is not to be "used for any purpose other than
private
study, scholarship, or research." If a user makes a request
for,
or late uses, a photocopy or reproduction for purposes in
excess
of "fair use," that user may be liable for copyright
infringement.
This institution reserves the right to refuse to accept a
copying
Order if, in its judgment, fulfillment of the order would
involve
Violation of copyright law.
Additional Considerations and Clarifications in the Use of Copyrighted
Materials
1. Educational Performances and Displays
The Copyright Act clearly permits the showing of a motion picture,
videotape, and so forth without an educational performance license if
the following conditions are satisfied: (1) use takes place in areas
designated for classroom instruction; (2) programs are shown as part
of the instructional program, not for recreation or extracurricular
use; and (3) materials are used in face-to-face instruction. Any other
use of copyrighted materials for entertainment or extracurricular
purposes would require an educational performance license unless those
rights were granted at the time of purchase.
2. Emerging Technologies
Newer technologies are easily changed or merged with one another.
In all likelihood their potential for manipulation will result in the
creation of new copyrightable forms of expression. These technologies
include, but are not limited to, digital video disk, satellite
transmission, distance learning, CD-ROM, on-line data bases (and their
downloading), informational networks, and other educational
interventions which can be manipulated into new copyrightable forms of
expression.
When using the new technologies, educators need to be fully aware
of the potential for copyright infringement. At the time of purchase,
it is essential to specify the intended use of the media and
understand the provisions of any contract a distributor may include
with the media purchased. Educational applications may be enhanced if
these purchase procedures are followed.
In the absence of clearly granted rights, it is recommended that
educators contact the copyright holder in writing for permission to
manipulate or use these technologies in alternative ways. This course
of action will ensure compliance with the spirit and intent of the
copyright law as it applies to the role of electronic information and
its transfer and use.
References: Copyright 1991, California Department of Education
Adopted: 3/3/00
SAMPLE REQUEST FOR PERMISSION TO REPRODUCE
COPYRIGHTED MATERIALS
Author, Publisher, or Distributor
Permissions Department
[Address] Date ______________________
Dear Permissions Department:
I respectfully request permission to copy and use: Title
________________________________
___________________________ Author/Editor
______________________________________
Year published _______________ Number of copies ___________ . Copies
will/will not be sold. Proposed selling price $________. Description of
materials to be copied (photocopy
enclosed):____________________________________________________________________
Intended use of materials:
_______________________________________________________
____________________________________________________________________________
Type of reproduction
___________________________________________________________
A self-addressed, stamped envelope is enclosed for your convenience in
replying to this request. Should you be unable to authorize this request,
please forward this letter to the appropriate person or agency.
Sincerely,
_______________________
Signature
Name ________________________
Title ________________________
Glendale Community College
1500 North Verdugo Road
Glendale, CA 9120
Permission granted:______________________________ Date
________________________
Conditions (if any)
_____________________________________________________________
___________________________________________________________________________
Adopted: 3/3/00
SAMPLE INQUIRY TO TV PRODUCER
Request for information of agency holding rights to a TV broadcast and
permission to
Retain program if it is not for sale, rental, or lease.
Network Address (write directly to ABC, CBS, or NBC – not an affiliate)
Permissions Department Date _______________________
[Address]
Dear Permissions Department:
I respectfully request information on the availability and retention of
the following program:
Title ________________________________________________Air Date
_________________
Can a copy of this program be retained for classroom instructional use?
Yes No
Is this program available for sale? Yes No
If yes, specify agency distributing this
program_______________________________________
Specify format ________________________________________ Cost (if known)
___________
Enclosed is a self-addressed, stamped envelope for your convenience in
replying to this request. Should you be unable to authorize this request
or provide the above information, please forward this letter to the
appropriate person or agency.
Sincerely,
___________________________
Signature
Title of Requestor
Permission granted ______________________________________ Date
_________________
Conditions (if any)
_____________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Adopted: 3/3/00
SAMPLE REQUEST FOR 0FF-THE-AIR VIDEOTAPING
(NOTE: Agency guidelines for off-the-air videotaping are to be printed
on the back of the form)
I, the undersigned, having requested ____________________________to
videotape
Name of Agency
The following program(s) within the parameters of the policy set forth
by the Governing Board on ___________________, am aware of said policy and
agree to accept responsibility for the use and erasure of this material to
prevent any infringement of copyright law in lieu of express written
approval of the copyright proprietor.
Title of program to be copied
______________________________________________
Date of program __________________ Date program is needed
__________________
Time of program ___________ Station or channel ______ Length of program
________
Special instructions
______________________________________________________
Requestor’s name ___________________________ Location
____________________
Please print
Signature _________________________ Department
__________________________
Adopted: 3/3/00
AUTHORICATION TO DUPLICATE, COPY, AND/OR USE
COPYRIGHTED MATERIALS
I, _________________________________, hereby attest that I am the
holder of the copyright of the following materials and am authorized to
consent to copying of said materials. I hereby authorize Glendale
Community College to copy said (book, article, etc.) for my use in
teaching at Glendale Community College. I assume full responsibility for
any infringement of copyright law with respect to this material. I wish to
have ______
Number of copies made for my use.
Itemize Materials to be copied:
1. ____________________________________________________________________
2. ____________________________________________________________________
3. ____________________________________________________________________
Signature: _____________________________________ Date:
_________________
Adopted: 3/3/00
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