Reg 2531 COPYING COPYRIGHTED MATERIALS

A. 	Literary Material

	1. A single copy may be made of any of the following by or for a teacher at 		his/her individual request for scholarly research or for use in teaching or in 		preparation for teaching a class:

		a. 	A chapter from a book;

		b. 	An article from a periodical or newspaper;

		c. 	A short story, short essay or short poem; whether or not from a 				collective work; or

		d. 	A chart, graph, diagram, drawing, cartoon or picture from a book, 				periodical, or newspaper.

	2. 	Multiple copies (not to exceed in any event more than one copy per 			student in a course) may be made by or for the teacher giving the course 			for classroom use or discussion provided that:

		a. 	Each copy includes a notice of copyright; and

		b. 	The material copied is brief and the copying is spontaneous and 				noncumulative as measured by the following definitions of brevity, 				spontaneity, and noncumulative effect.

			(1) 	Brevity: A reproduced work is brief if it consists of the 						following:

				(a) 	Poetry: Not more than a complete poem if fewer than 						250 words and if printed on not more than two pages 						or an excerpt from a longer poem if the excerpt is not 						more than 250 words. These numerical limits may be 						expanded to permit completion of an unfinished line of 					poetry.
	
				(b) 	Prose: Not more than a complete article, story, or 						essay of fewer than 2,500 words; or an excerpt from 						any prose work of not more than 1,000 words or ten 						percent of the work, whichever is less, but in any 						event a minimum of 500 words. These numerical 						limits may be expanded to permit completion of an 						unfinished prose paragraph.

				(c) 	Illustration: Not more than one chart, graph, diagram, 						drawing, cartoon, or picture per book or per periodical 					issue.

				(d) 	Special Works: Certain works in poetry, prose or in 						poetic prose which often combine language with 						illustrations and which are intended sometimes for 						children and at other times for a more general 							audience often fall short of 2,500 words in their 						entirety. Paragraph 2b(1)(b) above notwithstanding, 						such special works may not be reproduced in their 						entirety; however, an excerpt comprising not more 						than two of the published pages of such special work 						and containing not more than ten percent of the words 					found in the text thereof may be reproduced.

			(2) 	Spontaneity: Reproduction of a copyrighted work is 						spontaneous if:

				(a) 	The copying is at the instance and inspiration of the 						individual teacher; and

				(b) 	The inspiration and decision to use the work and the 						moment of its use of maximum teaching effectiveness 					are so close in time that it would be unreasonable to 						expect a timely reply to a request for permission to 						use the work.

			(3) 	Noncumulative Effect: Reproduction of a copyrighted work is 					noncumulative if:

				(a) 	The copying of the material is for only one course in 						the school in which the copies are made;

				(b) 	Not more than one short poem, article, story, essay or 					two excerpts has been copied from the same author 						or more than three from the same collective work or 						periodical volume during one class term. This section 						does not apply to current news periodicals and 							newspapers and current news sections of other 						periodicals;

				(c) 	There have been no more than nine instances of such 					multiple copying for one course during one class term. 					This section does not apply to current news 							periodicals and newspapers and current news 							sections of other periodicals.

	3. Notwithstanding any of the above, the following prohibitions shall be in effect:

		a. 	Copying shall not be used to create or to replace or substitute for 				anthologies, compilations, or collective works. Such replacement or 			substitution may occur whether copies of various works or excerpts 				therefrom are accumulated or reproduced and used separately;

		b. 	There shall be no copying of or from works intended to be 					consumable in the course of study or of teaching. Consumable 				works include workbooks, exercises, standardized tests, test 				booklets, answer sheets, and like material;

		c. 	Copying shall not substitute for the purchase of books, publishers’ 				reprints, or periodicals; or be directed by higher authority; or be 				repeated with respect to the same item by the same teacher from 				term to term;

		d. 	No charge shall be made to the student for the copied material.

B. 	Televised Material

	1. 	A broadcast program may be recorded off-air simultaneously with 				broadcast transmission (including simultaneous cable retransmission) and 		retained for a retention period of forty-five calendar days after the date of 			the recording; at the expiration of the retention period the recording must 			be erased or destroyed.

	2. 	An off-air recording may be used once by individual teachers in the course 		of relevant teaching activities and may be repeated once only when 			instructional reinforcement is necessary, in the classroom or similar place 			of instruction or the home of a student receiving home instruction, during 			the first ten school days in the retention period. After the first ten school 			days, an off-air recording may be used during the remainder of the 				retention period only to permit teachers to evaluate its effectiveness in the 			instructional period.

	3. 	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.

	4.	A limited number of 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. All copies of off-air recordings must include the 				copyright notice on the broadcast program as recorded.

	5. 	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.

C. 	Music

	1. 	The following uses of copies of copyrighted music are permissible.

		a. 	Emergency copies of printed music may be made to replace 					purchased copies which for any reason are not available for an 				imminent performance provided purchased replacement copies are 				substituted in due course.

		b. 	For academic purposes other than performance:

			(1) 	Multiple copies of excerpts of works may be made, provided 					that the excerpts do not comprise a part of the whole which 					would constitute a performable unit such as a section, 					movement, or aria, but in no case more than ten percent of 					the work. The number of copies shall not exceed one copy 					per student.

			(2)	A single copy of an entire performable unit (section, 						movement, aria, etc.) that is

				(a) 	Confirmed by the copyright proprietor to be out of 						print, or 

				b) 	Unavailable except in a larger work, may be made by 						or for a teacher solely for the purpose of scholarly 						research or in preparation to teach a class.

		c. 	Printed copies that have been purchased may be edited or 					simplified provided that the fundamental character of the work is not 			distorted or the lyrics, if any, altered or lyrics added if none exist.

		d. 	A single copy of recordings of performances by students may be 				made for evaluation or rehearsal purposes and may be retained by 				the educational institution or individual teacher.

		e. 	A single copy of a sound recording (such as a tape, disc, or 					cassette) of copyrighted music may be made from sound 					recordings owned by the school district or by an individual teacher 				for the purpose of constructing aural exercises or examinations and 			may be retained by the district or the teacher. (This pertains only to 				the copyright of the music itself and not to any copyright that may 				exist in the sound recording.)

	2. 	The following uses of copies of copyrighted music are prohibited.

		a. 	Copying to create or replace or substitute for anthologies, 					compilations, or collective works;

		b. 	Copying of or from works intended to be consumable in the course 				of study or of teaching such as workbooks, exercises, standardized 				tests, answer sheets, and like material;

		c. 	Copying for the purpose of performance, except as permitted in 				paragraph C1a;

		d. 	Copying for the purpose of substituting for the purchase of music, 				except as permitted in paragraph C1a and paragraph C1b; and 
		e. 	Copying without inclusion of the copyright notice that appears on 				the printed copy.

D. 	Computer Software

	1. 	A software program shall not be copied onto a blank disk except as 				expressly permitted by the program itself.

	2. 	An archival disk may be made as a back-up program disk. The archival 			disk shall be used only when the original software disk has been 				mistakenly damaged or destroyed and may not be used for any other 			purpose.

	3. 	Software shall not be loaded into more than one computer at any one 			time, unless a site license has been purchased to permit loading multiple 			computers.				

E. 	Obtaining Permission for Copying

	1. 	A teacher may request and obtain permission to copy material from a 			copyrighted work; the teacher may then use the work as expressly 				permitted and will not be bound by the limitations and prohibitions set forth 		above.

	2. 	Request for permission must be in writing and should be sent, together 			with an envelope addressed to the sender, to the permissions department 			of the publisher of the work. The request should include: 

		a. 	The title, author or editor, and edition of materials for which 					permission is sought; 

		b. 	The exact material to be used, with specification of amount, page 				numbers, chapters, including, if possible, a photocopy of the 					material;

		c. 	The number of copies the requestor proposes to make; 

		d. 	The use to be made of the duplicated materials; 

		e. 	The form of distribution; 

		f. 	Whether or not the copies will be sold; and 

		g. 	The process by which the material will be reproduced.

	3. 	A copy of the written permission granted by the publisher or copyright 			owner shall be preserved by the teacher who may be required to present 			the written permission to the Principal or designee.

Adopted:	December 18, 1995