Info for Librarians: Critical Issues on Federal Copyright Legislation

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• Copyright Laws are based on provisions of the US Constitution Articles 1 & 8
• Congress has given special exemptions to schools called "Fair Use." 

There are limitations to Fair Use, as explained below.
• Technology TEKS require that teachers model and instruct students to respect the artistic and intellectual property of others and know the moral, ethical, and legal consequences of violation.
• Fair Use right to use any non-print medium to support and enhance instruction does not include multimedia used to entertain or edify. Violations of Fair Use would be movies used on rainy days, with a sub, or as a reward, as PTA baby-sitting, or playing an audio CD or videotape to inspire students unless it is tied overtly to an instructional goal for the day.
• CFB ISD Policy requires that the use of district-owned or sanctioned media be documented in lesson plans.
• CFB ISD Policy requires that the use of non-district media (rentals) receive the prior written permission of the principal.
• CFB ISD Policy requires that the use of a feature-length film have prior written permission of the principal.
• Rights dealing with artistic or intellectual property are to read an Internet site, to listen to music or to watch a videotape.
• A teacher may not make a videotape or audiotape/CD of best clips without the written permission of the copyright holder.
• Any program videotaped off the air can be used in the classroom for 45 days after air date and may not be edited.
• The creator of logos, cartoons, and any other graphic owns the rights to that graphic. It may not be adopted, adapted, or used without written permission of the owner (i.e. Disney).
• Everything on the Internet has copyright protection unless stated otherwise on the site.
• Linking to other Internet sites is permitted without permission.
• To post student work on the Internet, follow CFB ISD Web Policies & Procedures, which may include a release form signed by the parent or guardian
• Ignorance of the law is not a defense.
• To hold a public performance (any showing or airing that does not fall into the exemptions listed) requires written permission of the copyright holder, and often a fee. Cost varies from $50-125 per performance. (Call Cindy Nietubicz, Library Coordinator @ 972.968.4398)

• Books: one chapter, one short story, one essay.
• Poetry: one short poem
• Magazines: one article, chart, graph, cartoon
• Logos: may not be copied or changed
• Audiotapes/CD: copy a CD/tape for classroom testing
• Sheet Music: 10% of the work (may not copy a complete song, aria, movement)
• Multimedia: may use the work of others when producing multimedia lessons for instruction but may not sell these products; may perform multimedia projects with copyright material for two years

• Book <2500 words: one story, essay, chapter (one class set, ever)
• Book  >2500 words: 1,000 words or 10% (one class set, ever) 
• Poetry <250 words: the complete poem (one class set, ever; cannot be used semester two or ever again)
• Poetry >250 words: any excerpt up to 250 words (one copy per student, ever; cannot be used semester two or ever again)
• Poetry: one copy per student (ever; cannot be used semester two or ever again)
• Picture Book: 2 pages
• Magazines: one article, cart, graph, cartoon (one class set)
• Logos: may not be copied or changed
• Audiotapes/CD: one copy of a student performance (of copyrighted music) for evaluation; must be retained by the school
• Sheet Music: one copy in an emergency just prior to a performance; it must be replaced by a legitimate copy
• Software: can be copied only with written permission (one original per license); if software license states it, you may create a backup
• Multimedia: student may use works that have copyright protection

Students may use works that have copyright protection:

• Text: 10% of 1,000 words
• Graphics: 5 images per artist or 15 images from an anthology
• Multimedia: up to 10% or 3 minutes
• Music: 10% up to 30 seconds

Any project containing artistic or intellectual property of another must have a section identifying all the material protected under Copyright Law; author, title, publisher, copyright date, name of copyright owner (if different from author or publisher)

• All material copyrighted prior to 1909 is in the public domain
• Works created or published from 1901-1975 revert to the public domain 56 years after publication
• Works created or published from 1976-1997 revert to the public domain 70 years after the death of the author (Sonny Bono Act of 1999)
• All government documents are in the public domain
• Work is in public domain if the author never claimed copyright and has dedicated it to public domain

• Actual Liability: initiator of the violation (teacher, principal, librarian)
• Contributory Liability: aided or abetted (librarian by loaning)
• Vicarious Liability: chain of command (principal, library director, superintendent)
• Liability limits: $5,000-$20,000 up to $100,000