Copyright is a form of legal protection automatically provided to the authors of “original works of authorship,” including literary, dramatic, musical, and artistic works.
U.S. copyright law generally gives the author/creator or owner of an original creative work an exclusive right to:
Fair Use allows the public to use portions of copyrighted work without permission from the copyright owner. To decide whether a use is a fair use, courts look at four factors:
For more information about copyright and fair use, visit the following sites:
http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/
http://www.brighthubeducation.com/teaching-methods-tips/6623-understanding-copyright-law-and-fair-use-for-teachers/
https://www.ocps.net/lc/east/htc/mediacenter/Documents/FairUse.pdf
U.S. copyright law generally gives the author/creator or owner of an original creative work an exclusive right to:
- Reproduce (copy) or distribute the original work to the public (e.g., create and sell copies of a film)
- Create new works based upon the original work (e.g., make a movie based on a book)
- Perform or display the work publicly (e.g., perform a play)
Fair Use allows the public to use portions of copyrighted work without permission from the copyright owner. To decide whether a use is a fair use, courts look at four factors:
- The purpose and character of the second use: Is it just a copy, or are you doing something different from the original work? Is your use commercial?
- The nature of the original: Was the original work creative or primarily factual?
- Amount used: How much of the original work was used, and was that amount necessary?
- Effect: Did the use harm the market for the original work? For example, would people buy this work instead of the original?
For more information about copyright and fair use, visit the following sites:
http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/
http://www.brighthubeducation.com/teaching-methods-tips/6623-understanding-copyright-law-and-fair-use-for-teachers/
https://www.ocps.net/lc/east/htc/mediacenter/Documents/FairUse.pdf
Videos
Teacher: Your use of a DVD player or VCR on school property acknowledges that you are using it in compliance with Federal Copyright Laws, Florida Statues, and School District Policy and Guidelines regarding appropriate use of materials. If you have any questions, please contact your media specialist.
• See the “District Guidelines for Use of Videos” in Volusia County Schools. District Guidelines take precedence over Copyright Law which is less restrictive.
• According to Copyright Law, any video (including Home Use Only videos of any rating) could be used for instructional purposes provided it is not played on the school’s closed-circuit television system. Volusia County Schools’ guidelines, however, restrict the use of these Home Use Only videos that are rated G, PG/PG-13, R, or NC-17 X.
• Videos purchased with “public performance rights” (to use in an open-to-the-public setting) are expensive but they may be used for enrichment, reward, or motivation; for special programs such as after-school programs; and in assembly or auditorium programs which are open to parents and/or the public.
• Videos may not be duplicated or edited without written permission from the copyright holder.
District Guidelines for Use of Videos
Rated Videos:
Videos rated by the Motion Picture Association of America are “For Home Use Only.” They are produced for entertainment. Per Copyright Law, rated videos may not be played on the school’s closed-circuit television system. Per Volusia County Schools’ guidelines, rated videos may be used only with principal approval and according to conditions listed for each rating:
R: (and obviously NC-17 or X) rated videos may NOT be used under any circumstances (not even if you just show a school appropriate clip).
PG/ PG-13: MAY be used provided there is
(a) school administrator approval in writing on the designated form; and (b) a parent permission form on file for each student. (An alternate, related assignment must be provided to students without permission forms.)
G: MAY be used if content complies with Copyright Law for instructional use only and under the following conditions:
1. Content supports the instructional objectives and course of instruction.
2. Video is not used for entertainment, recreation, time fillers, fund raisers, motivation, rewards, or cultural value, and is not shown in an auditorium setting open to the parents or the public.
3. The original video tape, not a copy, is used.
4. Video will not be played on the school’s closed-circuit TV system.
Non-rated Videos & “Off-Air” Taping:
Non-rated videos may be taped from “Off-Air” channels of Commercial Television Networks and used under the 10/45 copyright provision. This means that the educator must use the video within 10 days from taping and may keep it for 45 days for review purposes. After 45 days, the video must be erased.
“Off-Air” networks broadcast to the general public free of charge, and their programs can be received without cable or satellite capability.
In Volusia County, the “Off-Air” Television channels include:
Ch. 2, 4, 6, 9, 15, 24, 35, 43
“On-Air” channels charge a fee and require cable access or satellite reception. "On-air" channels cannot legally be taped without written permission from the copyright holder. Some of the channels which cannot legally be taped are:
Showtime, HBO, Cinemax, Movie Channel, Disney Channel, ESPN, TNT, TBN, Nickelodeon, History Channel, Arts & Entertainment, etc.
Channel 2 (district ITV):
Programs broadcast by the Instructional Television (ITV) Network for the school district of Volusia County are transmitted into schools and homes through the courtesy of several local cable companies which donate air time for this instructional programming. The programs are aired on channel 2; however there are several areas in Volusia County where reception is not possible. In that case a request should be made to dub the program for school use. A program may be videotaped for unlimited use until the district license for that video program is discontinued.
Exceptions to the copyright law have been granted by some producers/copyright holders to give educators permission to record some additional television programs and to keep them longer than the 10/45 rule allows. Details and restrictions about additional cable-access channel TV programs which may be taped for use by teachers are listed in cable company publications such as Cable in the Classroom and in professional magazines.
.
Teacher: Your use of a DVD player or VCR on school property acknowledges that you are using it in compliance with Federal Copyright Laws, Florida Statues, and School District Policy and Guidelines regarding appropriate use of materials. If you have any questions, please contact your media specialist.
• See the “District Guidelines for Use of Videos” in Volusia County Schools. District Guidelines take precedence over Copyright Law which is less restrictive.
• According to Copyright Law, any video (including Home Use Only videos of any rating) could be used for instructional purposes provided it is not played on the school’s closed-circuit television system. Volusia County Schools’ guidelines, however, restrict the use of these Home Use Only videos that are rated G, PG/PG-13, R, or NC-17 X.
• Videos purchased with “public performance rights” (to use in an open-to-the-public setting) are expensive but they may be used for enrichment, reward, or motivation; for special programs such as after-school programs; and in assembly or auditorium programs which are open to parents and/or the public.
• Videos may not be duplicated or edited without written permission from the copyright holder.
District Guidelines for Use of Videos
Rated Videos:
Videos rated by the Motion Picture Association of America are “For Home Use Only.” They are produced for entertainment. Per Copyright Law, rated videos may not be played on the school’s closed-circuit television system. Per Volusia County Schools’ guidelines, rated videos may be used only with principal approval and according to conditions listed for each rating:
R: (and obviously NC-17 or X) rated videos may NOT be used under any circumstances (not even if you just show a school appropriate clip).
PG/ PG-13: MAY be used provided there is
(a) school administrator approval in writing on the designated form; and (b) a parent permission form on file for each student. (An alternate, related assignment must be provided to students without permission forms.)
G: MAY be used if content complies with Copyright Law for instructional use only and under the following conditions:
1. Content supports the instructional objectives and course of instruction.
2. Video is not used for entertainment, recreation, time fillers, fund raisers, motivation, rewards, or cultural value, and is not shown in an auditorium setting open to the parents or the public.
3. The original video tape, not a copy, is used.
4. Video will not be played on the school’s closed-circuit TV system.
Non-rated Videos & “Off-Air” Taping:
Non-rated videos may be taped from “Off-Air” channels of Commercial Television Networks and used under the 10/45 copyright provision. This means that the educator must use the video within 10 days from taping and may keep it for 45 days for review purposes. After 45 days, the video must be erased.
“Off-Air” networks broadcast to the general public free of charge, and their programs can be received without cable or satellite capability.
In Volusia County, the “Off-Air” Television channels include:
Ch. 2, 4, 6, 9, 15, 24, 35, 43
“On-Air” channels charge a fee and require cable access or satellite reception. "On-air" channels cannot legally be taped without written permission from the copyright holder. Some of the channels which cannot legally be taped are:
Showtime, HBO, Cinemax, Movie Channel, Disney Channel, ESPN, TNT, TBN, Nickelodeon, History Channel, Arts & Entertainment, etc.
Channel 2 (district ITV):
Programs broadcast by the Instructional Television (ITV) Network for the school district of Volusia County are transmitted into schools and homes through the courtesy of several local cable companies which donate air time for this instructional programming. The programs are aired on channel 2; however there are several areas in Volusia County where reception is not possible. In that case a request should be made to dub the program for school use. A program may be videotaped for unlimited use until the district license for that video program is discontinued.
Exceptions to the copyright law have been granted by some producers/copyright holders to give educators permission to record some additional television programs and to keep them longer than the 10/45 rule allows. Details and restrictions about additional cable-access channel TV programs which may be taped for use by teachers are listed in cable company publications such as Cable in the Classroom and in professional magazines.
.