Employees who wish to use copyrighted material in any format including print, audiovisual, and electronic, ET shall follow the guidelines as set forth in this policy. These guidelines establish a minimum guaranteed fair use, not a maximum. Any use that falls within these guidelines is a fair use; any use which exceeds these guidelines shall be judged by the five factors stated above and may be subject to challenge. Any determination regarding whether a use that exceeds the guidelines is a fair use shall rest with an appropriate court of law.
4.0410.09 PROHIBITIONS Issue Date: 9/12/96 Updated: 4/06
Notwithstanding the fair use guidelines, the following shall be prohibited: 1. Copying of print materials, audiovisual materials, electronic materials, and sheet music to create or replace or substitute for anthologies, compilations, or collective works. This prohibition against replacement or substitution applies whether copies of various works or excerpts are accumulated or reproduced and used separately. 2. Copying of or from works intended to be “consumable” in the course of study or teaching. These works include workbooks, exercises, standardized tests, test booklets, answer sheets, and like consumable material. 3. Copying shall not substitute for the purchase of books, publishers’ reprints or periodicals. 4. A higher authority may not direct copying. 5. Individual employees may not repeat copying of the same item from term to term.
4.0410.10 BROADCAST PROGRAMS Issue Date: 9/12/96 Updated: 4/06
Broadcast programs, including commercial and public television and radio, shall not be videotaped or tape-recorded for reuse without permission, except within the following guidelines: (Off-air broadcasts are defined as those programs transmitted by television stations without charge to the general public. Only those cable programs available on (open broadcast) may be taped. For example, if you receive an NBC station locally with a regular antenna, which is open broadcast and reception is better on cable, you could tape the NBC station from cable. However, pay services such as out of town stations, HBO and Cinemax do not fall under these guidelines.) 1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a District school for a period not to exceed the first 45 consecutive calendar days after date of recording. At the end of that retention period, off-air recording shall be erased or destroyed. 2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary during the first ten consecutive school days within the 45- calendar- day retention period. “School days” are actual days of instruction, excluding examination periods. 3. Off-air recordings shall be made at the request of and used by individual teachers and shall not be regularly recorded in anticipation of requests. No broadcast program shall be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program is broadcast.
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