School District Homepage
814. COPYRIGHT MATERIAL
Date Adopted: April 27, 1981
The School Board recognizes that the United States Code makes it illegal for anyone to duplicate copyrighted materials without permission. The Board further realizes that severe penalties are provided for unauthorized copying of audio, visual, or printed materials unless the copying falls within the bounds of the "fair use" doctrine.
Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research. If duplicating or changing a product is to fall within the bounds of fair use, these four standards must be met for any of the foregoing purposes:
a. THE PURPOSE AND CHARACTER OF THE USE. The use must be for such purposes as teaching or scholarship and must be nonprofit.
b. THE NATURE OF THE COPYRIGHTED WORK. Staff may make single copies of: book chapters for use in research, instruction or preparation for teaching; articles from periodicals or newspapers; short stories, essays or poems; and charts, graphs, diagrams, drawings, cartoons or pictures from books, periodicals, or newspapers in accordance with these guidelines.
c. THE AMOUNT AND SUBSTANTIALITY OF THE PORTION USED. Copying the whole of a work cannot be considered fair use; copying a small portion may be if these guidelines are followed.
d. THE EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR OR VALUE OF THE COPYRIGHTED WORK. If resulting economic loss to the copyright holder can be shown, even making a single copy of certain materials may be an infringement, and making multiple copies presents the danger of greater penalties.
Staff may make copies of copyright school district materials that fall within the following guidelines. Where there is reason to believe the material to be copied does not fall within these guidelines, prior permission shall be obtained from the principal.
Staff members who fail to follow this policy may be held personally liable for copyright infringement.
A. Permitted Copies
- A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words;
- Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1000 words or 10% of the work, whichever is less may be copied; in any event the minimum is 500 words;
- Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph;
- One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied. "Special" works cannot be reproduced in full; this includes children's books combining poetry, prose or poetic prose.
b. Spontaneity - Should be at the "instance and inspiration" of the individual teacher.
c. Cumulative Effect - Teachers are limited to using copied material
for only one course in the school in which copies are made. No more than
one short poem, article, story or two excerpts from the same author may
be copied, and no more than three works can be copied from a collective
work or periodical column during one class term. Teachers are limited to
nine instances of multiple copying for one course during one class term.
Limitations do not apply to current news periodicals, newspapers and current
news sections of other periodicals.
All questions and requests regarding the implementation of this policy
are to be referred to the Legal Counsel of the School District of Philadelphia.
Federal Code: P.L. 94-553 Section 107