EPS CODE: EGAAA
COPYRIGHT POLICY
It is the policy of the Dodgeville School District to direct its staff to comply with 1976
federal copyright law (Public Law 94-553), Title 17 and Public Law 96-517 Section 7 (b)
which amends section 117 of title 17*, the Digital Millennium Copyright Act (DMCA)
effective 2000, the “Technology, Education and Copyright Harmonization Act” (TEACH
Act) effective 2002 and guidelines that have been drawn up to help educators and
librarians interpret the law.
GENERALLY
Appropriate notice shall be placed on or near all copying equipment.
The duplication of copyrighted materials without permission from the copyright holder,
except under the provisions of “Fair Use” is prohibited.
Reproducing copyrighted material as a substitute for the purchase of that material is
prohibited.
The distribution and/or transmission of a reading or performance of copyrighted works
without permission from the copyright holder, except under the provisions of “Fair Use”,
is prohibited.
No employee is to direct others to violate the copyright law.
School employees who violate the copyright law are liable for their own actions.
LIMITATIONS ON EXCLUSIVE RIGHTS: FAIR USE
Many provisions of the law affect the educational uses of copyrighted materials but the
most generally applicable is Section 107 – Fair Use.
Fair use is the right to use copyrighted material without permission or payment for
purposes such as criticism, comment, news reporting, teaching, scholarship, or
research.
“Fair Use” applies four basic standards which must be considered when judging
whether or not there has been a copyright infringement:
1. The purpose and character of the use (Is the copying being done for commercial or
educational purposes?)
2. The nature of the copyrighted work (Was the original work intended to be
consumable, for example, i.e., exercise and workbooks?)
3. The amount and substantiality of the portion used (How much is being copied? How
important is the copied part to the entire work? How many copies are being made?)
4. The effect on the potential market for or value of the work (Will the copyright owner
suffer financial loss?)
EPS Code: EGAAA
PRINT
According to the concept of “Fair Use” in (Section 107) a single copy of any of the
following may be made by or at the request of a staff member for research or use in
teaching:
1. A chapter from a book
2. An article from a periodical or newspaper
3. A short story, short essay ,or short poem whether or not from a collective work
4. A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or
newspaper
Multiple copies (not to exceed more than one copy per pupil) may be made by or at the
request of a staff member for classroom use, provided that:
1. Copying meets the tests of “brevity and spontaneity”
2. Time does not allow for purchasing the material
3. The material is is used only once
4. The copyright notice is printed on each copy of the material
Notwithstanding any of the above, the following shall be prohibited:
1. Copying of or from works intended to be “consumable”
a. Workbooks and exercise books
b. Standardized tests
c. Answer sheets
d. Other consumable materials
2. Copying to create or replace anthologies
3. Copying to substitute for the purchase of material
4. Repeated copying of the same item by the same staff member from term to term
5. More than nine instances of such multiple copying for one course during the class
term
WEB SITE
For DSD’s policy on copyrighted materials and the Web site see EPS Code: KBB
VIDEO RECORDINGS
Copies of any of the following video recordings may be made by or at the request of
staff members for classroom use.
1. “In house” productions
2. Non-copyrighted works or works in the public domain
3. Copies made under “permission to copy”arrangements
The following programs may be copied off-air by or at the request of a staff member for
classroom use:
1. Instructional television programs (subject to the specific rights limitations of each
commercial station as stated in related program guides). (Refer to Dodgeville School
District Policy Handbook EPS Code: EGAA).
2. Commercially broadcast programs, provided they are used within ten school days of
the original broadcast
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EPS Code: EGAAA
The following shall be prohibited:
1. Copying from premium channels (HBO, The Disney Channel, Showtime, Cinemax,
etc.) or cable-access only channels (ESPN, MTV, Nickelodeon, Arts and
Entertainment, etc.)
2. Duplicating copyrighted videorecordings
3. Copying from one format to another (videotape to compact disc or dvd, etc.)
4. Copying for the purpose of entertainment or reward
Rented or purchased “Home Use Only” video recordings may be used in the classroom
as part of face-to-face instruction only. They may not be used for the purpose of
entertainment or reward.The viewing of video recordings with “Public Performance
Rights” is not restricted.
COMPUTER SOFTWARE
Section 7 (b) of Public Law 96-517 grants to the purchaser the right to copy a program if
and only if:
1. Such a copy is an essential step in the utilization of the program in conjunction with
a machine
2. The copy is for archival purposes
Notwithstanding the above, the following shall be prohibited:
1. Reproducing copyrighted programs on district equipment
2. Using illegal copies of a copyrighted program on district equipment
3. Purchasing programs designed primarily as “break and entry” tools (gaining access
to a computer one is not authorized to use) with district, state, or federal funds.
4. Booting single copies of copyrighted programs into more than one machine without
authorization from the copyright holder
5. Using “archival” copies of software as additional copies
Licenses and Use
1. Software purchased for single home use should not be loaded on school computers
for use by multiple students.
2. Site licensed software must be used as set forth in the license. (A 30 user license
can only be used by 30 users.)
3. Network licenses must only be used by the number of machines which the license
permits. (If a 20 user network license was purchased, only 20 students can access
it.)
4. Schools should keep records of software licenses and how and where the software
is being used in the building.
MUSIC
The “Fair Use” criteria in Section 107 and the guidelines under “Fair Use” for music
should be applied to each intended use before reproducing any copyrighted music or
musical works.
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EPS Code: EGAAA
Permissible uses include:
1. Emergency copying to replace purchased copies which are unavailable for an
imminent performance
2. Making copies of excerpts of works for academic purposes
3. Editing or simplifying purchased works provided that the fundamental character of
the work is not changed
4. Making a single copy recording of a student performance
5. Making a single copy of a copyrighted sound recording for the purpose of an aural
exercise or examination
Notwithstanding the above, the following shall be prohibited:
1. Copying to create or replace anthologies
2. Copying of or from works intended to be consumable (workbooks or exercise
materials)
3. Copying for the purpose of performance (i.e., no copying of the music in order to
use it when performing.)
4. Copying to substitute for the purchase of material
5. Copying without the inclusion of the copyright notice
LIBRARIES
According to the proviso of Section 108 of the copyright law (Public Law 94-553, Title
17), a library or any of its employees acting within the scope of their employment may
reproduce copies of print works and phone records under specific circumstances:
1. Purposes of preservation
2. Purposes of private study, scholarship, or research
3. Purposes of interlibrary loan
Notwithstanding any of the above, the following shall be prohibited:
1. Copying for direct or indirect commercial advantage i.e., to make money from the
copied materials by selling it.
2. The systematic reproduction or distribution of single or multiple copies.
3. Copying to substitute for a subscription to a work or the purchase of a work
Interlibrary Loan
DSD libraries can copy a journal or magazine article and send it to the borrowing library
without prior permission. The notice that the material is copyrighted must be included
with the borrowers request. The borrowing library must keep a record of the request for
three years. The copy must be used for private study, scholarship or research and
becomes property of the user.
DSD libraries can borrow journal articles from another library but must keep a record of
the transaction for three years.
The proviso under section 108 does not apply to musical, pictorial, graphic, sculptural,
motion picture, or audiovisual works.
Copies made under the proviso of Section 108 for interlibrary loan must include the
notice of copyright.
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EPS Code: EGAAA
A library that requests photocopies or other reproductions of copyrighted material via
interlibrary loan must make certain that its requests conform to the CONTU Guidelines
(National Commission of New Technological Uses of Copyrighted Works)
Librarians must display prominently, at the place where orders for reproductions are
accepted, a warning that copying will be done in accordance with the copyright law.
DISTANCE EDUCATION
Digital materials can be transmitted to students in the classroom or in distance learning
environments without prior permission of the copyright holder as long as these
guidelines are followed:
1. Materials used must be lawfully made and acquired.
2. Materials must be integral to the course.
3. (Performances of dramatic works (opera, theatrical plays) and audiovisual works
(like motion pictures) cannot be shown in their entirety and are limited to “reasonable
portions” necessary to meet the lesson’ goal.
4. Displays of any work are allowed in an amount comparable to that which is typically
displayed in the course of a live classroom session.
5. Instructors should note that works are copyright protected whenever possible.
6. Transmission of work must use technological protection measures: passwords,
watermarks and encryption to prevent retention of the work after the class session
and unauthorized dissemination.
The following copyright permission letter should be used for materials that do not fall
within fair use. Example 1: If you would like to copy and hand out copies of an article
and use it year after year. Example 2: If you would like to have a copy of an article
permanently linked to the online portion of your class.
PUBLIC SCHOOLS COPYRIGHT CLEARANCE REQUEST
A copy should be sent to the copyright holder and/or publisher. Once permission has
been granted, teacher should keep a copy and another copy should be kept with the
librarian.
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EPS Code: EGAAA
Address of Publisher:
Attention: Permissions Dept.
To Whom It May Concern:
I would like permission to:
_____reprint
_____photocopy
_____quote from
_____ incorporate into:
_____-multimedia courseware _____-online course materials
the following:
Title: _________________________________________________________________
Author/Editor: __________________________________________________________
Edition/Format: _________________________________________________________
Description of material to be copied:
_____Book
_____Journal
Book Title: _____________________________________________________________
Book publisher: _________________________________________________________
Journal Title: _________________________________Vol. ____ Issue____ Page ____
Use to be made of material: _______________________________________________
Published: _____________________________________________________________
Date of publication or distribution: __________________________________________
Date of Request: ________________________________________________________
Please sign this request form, and return it in the stamped self- addressed envelope.
Permission
Signature Conditions (if any): ______________________________________________
______________________________________________________________________
______________________________________________________________________
Date: _______________________
GRANTED_____
DENIED_____
Signature: _____________________________________________________________
Thank you for your prompt attention to this request.
Sincerely,
Position
Telephone Number
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EPS Code: EGAAA
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 COPYRIGHTED MATERIALS.
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 REPRODUCTION IS NOT BE BE “USED FOR ANY PURPOSE
OTHER THAN PRIVATE STUDY, SCHOLARSHIP, OR RESEARCH.”
IF A USER MAKES A REQUEST FOR, OR LATER USES, A PHOTOCOPY OR
REPRODUCTION FOR PURPOSE 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 JUDGEMENT, FULFILLMENT OF THE ORDER WOULD INVOLVE
VIOLATION OF COPYRIGHT LAW.”
For more information on copyright go to the
Wisconsin Department of Public Instruction’s Web page:
http://dpi.wi.gov/lbstat/copyres.html
Adopted: 08/13/2012
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