Librarians may make copies for archival purposes or to replace lost, damaged, or stolen copies.

Technology Permissible Violation Solution

Copying software • Copying in lieu of purchase.

• Copying to augment class collections or to increase the number available for simultaneous use.

• Audit all workstations to determine if any illegal copies are installed.

• Buy more software licenses.

Installing software License terms determine how many copies can be made and on what type of machines the software may be installed. In the absence of a license term, the rule of thumb is one installation per license.

More copies installed than there are licenses, for example, 28 copies for 25 licenses.

• Monitor use. This is important. Otherwise, overuse may be construed as a “wink wink” tacit approval of a violation of stated school policies.

• Or simply buy a license for every machine and every potential workstation.

Password sharing • Many licenses allow for multiple uses from a single password within a school or licensing population.

• Use at home may also be legitimate under the license (for example, Atomic Learning, United Streaming/Discovery).

Sharing passwords beyond the license, such as with another school that has not purchased the necessary license.

• Reinforce the importance of honoring licenses. If you are paying, why shouldn’t other schools?

• Have the passwords changed periodically.

Library checkout of software Library may legitimately checkout software. • The software is not removed from the home computer when the software is returned.

• The software sent home is a copy (the library may keep an archival, noncirculating copy).

• Follow up to be sure parents have erased the software.

• Create contracts with them before allowing checkout.

• Be certain there is no “winking” approval of nonerasure in the homes. Parents or students can use the programs at school, after all.

Software found on school computers

• Software legitimately purchased and installed on the machine should be fine. Dated receipts can confirm this.

• Software in the public domain or free to schools is acceptable.

Software illegally installed. Games are especially suspect. If there is no evidence of legitimate purchase, presume the worse.

• Check with the school’s technology lead or purchasing department to find records of licenses purchased.

• Delete the software. Noninstructional software in particular is absolutely not worth the risk.

Use of software on networks Software license terms will determine whether and under what conditions software may be installed on a network. Many licenses will permit network installation and use for a specified number of users or nodes connected to the network.

Number of users exceeds the number that’s licensed for that network.

• When permissible under software license, install metering software.

• Purchase additional licenses to accommodate the additional users within the network.

Video or DVD use • When used for instruction, that is, lesson plan involved, not generally “educational” content.

• When used for instruction, rental tapes, DVDs, and tapes made from television broadcasts.

(Note: Tapes made from television broadcasts may have an expiration period.)

Used for entertainment or reward, especially in a place not dedicated to face-to-face instruction (cafeteria, multipurpose room). No “movie clubs” or movies shown as “daycare” during open house, etc.

• Work to develop an instructional use for the material: a study of genres or a discussion of protagonist/antagonist.

• Acquire genuinely instructional media. This is often also engaging.

• Get a license for entertainment.

Copy machine • A copy for every student when used for instruction within Fair Use guidelines, for example, stories less than 2,500 words, or 10 percent (or 1,000 words) of longer works.

• Librarians’ copies for archival purposes.

• Consumables being copied.

• The work being copied is not a legitimately acquired original copy (for example, library book vs. photocopy of consumable).

• Have teachers submit list of consumables they need and buy them.

• Secure license for copying material (course packs).

Posting music on the Internet on a site open to the public (for example, school home page or teacher page)

• Music may be posted if the rights are secured or if the school owns the rights (for example, an original work).

• Music pieces tied to instruction (for example, music history) may be posted as part of an online course or unit behind a password-protected page while that course or unit is being taught, so long as the requirements of the TEACH Act are being met.

• Popular commercial titles are almost never allowed to be legitimately posted.

• Permission may be difficult to secure, especially in a short time frame.

• Encourage student-created works with Garageband, Movie Maestro, Acid Loops, etc.

• Use royalty-free music created and sold for that purpose.

• Use public domain or music posted for open use by the rights holder.

Images, music, and video used in multimedia projects

Images, music, and video may be used in student multimedia work without permission so long as the Fair Use multimedia guidelines are followed.

Noninstructional uses (entertainment, clubs, dances, yearbooks, etc.) are not covered.

• Buy rights for entertainment or performance.

• Use music or images from a licensed collection.

Performance of works (plays, music, etc.)

Performance of band and choral material

The setting must be a place dedicated to instruction (for example, a classroom). If not narrowly instructional (for example, History of the Musical), use is almost never okay without permission.

Performance of copyrighted works outside the world of face-to-face instruction without permission or payment is not permissible.

• Secure the rights for a school performance. Although school rights are usually less, be prepared to pay (yes, you can then charge admission).

• Band and choral performance may come with the purchase of the sheet music.

Digitizing video (media) • Students may legitimately incorporate media into their multimedia projects as long as it is from a legitimate original source.

• Students do not have the right to defeat antipiracy encryption technology.

• Copies for noninstructional projects are not allowed.

• Students may have the knowledge but not the legal permission to defeat antipiracy protections (Interestingly, librarians do have rights in this area for evaluation purposes).

• Erase or destroy illegitimate copies.

• Do not permit school equipment to be used for impermissible copying. If you install DVD or CD copying machines—which have many legitimate instructional uses—consider creating a contract for teachers and students who have access to the machine.

Use of copyrighted characters (for example, Bugs Bunny)

• If there is a relevant instructional use of the character, it might be copied—but no such legitimate use comes to mind.

• There are some stickers or software with copyrighted images that can be purchased and used legitimately.

Copyrighted characters may not be used without permission for any school purpose other than instruction.

• Set a clear policy and monitor the school publications, notices, and postings. This includes, unfortunately, PTA, PTO, and booster club publications.

• Encourage groups to use original student artwork (this doesn’t mean Bugs Bunny knockoffs), which celebrates student artists.

Posting copyrighted material on the Internet

• An administrator or teacher may do this if the material is the type of material typically used in face-to-face instruction, is an integral part of the instruction, is behind a password-protected site, is managed (that is, when the topic is no longer under study, it is removed) and all the other requirements of the TEACH Act are met.

• Archival posting is not permissible.

• The material is not password protected.

• The material will be up long after it is relevant.

• The material was not legitimately acquired (for example, pirated material).

• Make sure all copyrighted material is removed from non-password–protected areas on the school or district Web site.

• Monitor material behind the password to make sure it is relevant to the current instructional program.

Videotape anthologies Anthologies are permissible only with public domain material or with permission from copyright owners.

• The creation of videotape anthologies from video (unless permission is secure).

• Suggest multimedia as an alternative technology to videotape.

• Suggest committing the anthology to a home library.

• Suggest using anthologies created by vendors.

Showing copyrighted DVDs or tapes for child care at legitimate school events

• Permissible only with a license.

• Some videotapes do permit public performance without a license, but this is not common and virtually never with “Hollywood” media. This includes television programs.

If the tape comes with a warning (“For Home Use Only”) as most tapes and DVDs do, this use is specifically prohibited. It is a common abuse.

• Secure a license.

• Have students create an original video, which can be just as engaging.

• Acquire worthwhile videos such as Reading Rainbow, which permits such use.

Downloading presentations from the Web for instruction

Material from public sources that has been legally uploaded onto the Internet may often be used for instruction without payment or permission, with due credit given.

• Material in the presentation must not be from propriety sources (for example, HBO). Material not legitimately acquired may not be used.

• Unauthorized material posted by someone else for download is still prohibited.

• Check the bibliography or reference page for the work if it looks like resources are not original—if it doesn’t have proper citations, use common sense.

• If the work is original and posted, it’s often usable (“Netiquette” would require an e-mail asking permission and giving thanks).

Copying CDs with lessons and media resources

• Gathering resources, including videos, sounds, and images, into an authoring or presentation program is perfectly acceptable if sanctioned by the license agreement.

• Most media libraries with download functions permit this—sharing best practices between teachers is a good thing.

• The resources are not licensed by your school (or are not in the public domain). If licensed, the license must be current. When it expires, the resources are not usable.

• If the CD came originally from another site, it should bear closer scrutiny.

• Teachers have wide latitude in their classes, but distribution is a different issue.

• Allocate money in the budget for media or library licenses.

• Make sure material being duplicated is either public domain or covered by licensing—duplication is an area where educational rights are more limited.

• Prohibit use of unlicensed material from commercial libraries. Unauthorized use of commercial resources (that is, without paying for them) is egregious and most likely to have monetary penalties.

Taping television programs in the library for teachers

Taping programs must be done at the “instance and inspiration” of a single teacher, not done in advance by an efficient and well-intentioned librarian.

Taping must not be done in anticipation of requests.

Keep a good communication channel open between resource folks and teachers—teachers have the most authority under the copyright act.

Copying books Libraries are able to replace lost or damaged works by copying if an unused replacement cannot be obtained at a reasonable price.

Individual students or classroom teachers are not allowed to copy lost or damaged books.

• Budget for a certain amount of lost classroom materials each year.

• Hold students accountable for damages to library properties.

Copyright Guidelines for Administrators By Hall DavidsonThis chart was designed to inform school leaders of what they may do under the law. Feel free to make copies for nonprofit uses or download a PDF version from www.techlearning.com. But let us know by sending an e-mail to techlearning_editors@cmp.com. For more detailed information, visit www.halldavidson.net or www.siia.net/piracy. hall_davidson@discovery.com

www.aolatschool.com www.apple.com/education www.atomiclearning.com www.inspiration.com www.nettrekker.com education.ti.com

www.siia.net/piracy

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1. You stop by the library where a librarian is copying a CD with a software program on it whose title you recognize from a purchase order you signed. The purchase order specifi ed one copy.

2. You duck into the computer lab where the student crew is installing software. You notice there are 20 boxes of software open but 25 computers in the room. The lead student installer gets a beep, pulls out a disc, and says, “That’s all of them!”

3. You overhear one teacher tell another he’s forgotten his password for the Internet media library your school pays for with IMA funds. The other teacher obliges him by sharing her password—and advises him to log on at home where he has a cable modem and can download “tons of stuff.”

4. You walk quickly from the lounge and into a classroom where a new teacher is looking over the computer at the teacher workstation, ogling the great collection of software and music fi les the former teacher has left on the machine. You recognize none of the titles from purchase orders past or present.

5. You head to the yard where you see a copy of school software sticking out of a student’s backpack. It has a library-style checkout pocket pasted on it. The student notices it is the Mac version and dashes off to exchange it. “We could never install this at home—we’re all Windows,” he says.

6. Back at the computer lab, the English teacher stops you. “I love our new network,” she says. “Now the whole class can use my one copy of Inspiration at the same time!”

7. At lunchtime, you see a video playing in a classroom crowded with students. From the tiny window in the classroom door, it looks a lot like the Disney movie Aladdin.

8. You pass the copy machine where a teacher assistant is busy running off a class set of pages from a Stephen King novel.

9. Back in the library, a student brings up the school home page. The sounds of swing music play as the Glenn Miller Intermediate School logo rotates on the screen. “Pretty cool, huh?” says the student. “I built that page myself!”

10. An excited teacher pulls you into a room to show you a multimedia presentation about civil rights, and you watch as a Nina Simone song digitized from a CD plays to images you recognize from the Fox News Web site.

11. Outside the room, the PTA president catches up with you to sign off on the agenda for the next meeting, which features the choral club’s rendition of Cats.

12. Later, you head into the media lab where a student has fi nally succeeded in digitizing a section of a VHS rental tape into the computer.

13. An honor student is taping up sheets of paper in lunar blue with an image of Daffy Duck and the caption, “Don’t Duck Your Responsibility! Vote! School Elections Friday!”

14. You pop back to your offi ce where a teacher is using your scanner to digitize a map of the Nile from a recent National Geographic magazine. She says, “Carlos showed me how to post this on the school Web site so students could study at home with their parents!”

15. A teacher leaps into the air from his VCR and says, “I’ve fi nally put together the defi nitive anthology of Civil War depictions in American movies! My students will never forget it!”

16. For Back to School Night the owner of the local video rental store has agreed to kick in as many videos or DVDs as needed for the Child Watch area.

17. You are almost knocked down by a teacher racing from her room. “Wow! With Advanced Search in Google, I found a PowerPoint on erosion by a teacher in Kentucky. It’s great—I’m downloading it now.”

18. A teacher has burned a PowerPoint in which she has inserted all the common denominator videos from the leased media library on the Web. “Would you please make a copy and give to the substitute tomorrow?” she says. “Just tell her ‘press and play.’”

19. After dark, you walk to your car with the librarian who stops in his tracks. “I forgot to set the VCR! There is a special on PBS tonight on Martin Luther King.”

20. You fi nd the tattered hardcover remains of an antique book that was donated to the school and take it up to the librarian. Unperturbed, she is busy putting together color photocopies of the destroyed pages.

Quick QuizCopyright for AdministratorsVirtually every district has a copyright policy. But if the policy is not enforced at the site level it is meaningless, and the district itself can then be liable for damages. Test yourself. What is the site administrator’s proper response in the following scenarios?

Additional Sources of Information for Copyright and Ethics• The United States Copyright Offi ce Web site includes law and policy and also information on searching

copyright records, how to register a work, licensing, and more.http://www.copyright.gov/

• Cyberethics for Kids provides adults, children, and teens information on how to use the Internet safely and responsibly. www.cybercrime.gov/rules/kidinternet.htm

• The Ten Commandments of Computer Ethics, developed by the Computer Ethics Institute, provides ten important rules to keep in mind when using the computer. www.brook.edu/its/cei/cei_hp.htm

• Institute for Global Ethics promotes and educates about ethical decision making both on and off the Internet. www.globalethics.org/default.html

• Fair Use Guidelines For Educational Media offers school-specifi c examples of permitted uses of multimedia projects. www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm

Five Steps to Avoiding Copyright Problems1. Create and implement a technology policy that includes a code of ethics and set of procedures.

2. Review the entire policy with your educational community: students, teachers, and parents.

3. Appoint a technology manager to conduct audits and maintain a log of licenses and registration materials.

4. Teach ethical and legal behavior for technology use.

5. Thank employees and students for supporting these steps.

For school and district administrators today, copyright should be front and center on the agenda. As new tech-nologies become increasingly common and integrated into all areas of school instruction and business, an up-to-date education on what is and is not a legal use of resources remains a crucial element of a workable 21st century literacy. Students, staff, parents, and community members should all be well informed of copyright legalities. But in the fi nal analysis, it is the administrator who bears responsibility for the actions of stakeholders in all roles of the education environment.

A school or district invests in administrative and instruc-tional material to educate and increase productivity for employees. Technology is an indispensable asset—an asset that carries risks and responsibilities. It is our goal to share information with administrators to help educate

the education community they serve and to assist districts in receiving the optimum use from the products they purchase or license.

Copyright, when understood, can become a useful tool in the hands of administrators who deeply believe that school time is time for instruction and that every challenge, every break, and every pause in the day can play a part in the learning environment for young people. In truth, most copyright abuses in education are a sign of weakness in the instructional program, not necessarily an indication of inadequate resources. An understanding of copyright law gives teachers, librarians, administrators, and others a great deal of power. This guide and the tips and resources on this page are designed to help administrators make the best use of that power.

Copyright Primer for AdministratorsBy Hall Davidson

Fair to Share? If you plan to photocopy this article for your staff or community (which we encourage you to do as many times as you wish), kindly send us a quick note at techlearning_editors@cmp.com.

1. Your library can make archival copies. Knowing this may really bail out a technology-dependent lesson in jeopardy because of damage, loss, or theft. However, it is important to remember that archival copies are not additional circulating copies. Be wary of abuse here. Most librarians know the rules. Support them when they decline to misuse archival copies.

2. If the school has a license that allows simultaneous use then the administrator should take steps to ensure that such use is being enforced. Absent a simultaneous use license or some other specialized license terms (such as a site license), the school should follow the one license per workstation rule and run regular audits to ensure that the rules are being adhered to.

3. Online resources requiring a license often permit teachers and students to share passwords (for example, United Streaming under Discovery). Single user licenses (like some music download subscriptions) are not so accommodating—but these are not primarily instructional services.

4. If you can’t fi nd a receipt or a purchase order record verifying that the software is legitimate, the safest course is to delete the software and/or purchase a legitimate copy. If you have other written documentation, fi le it. Hard drives should contain only legitimate fi les. On the same note, be very careful that the school computers aren’t being used for illicit music or video downloading. When the system slows down or the hard drives fi ll, that is an indicator of illicit use.

5. As an administrator, you should take overt steps to ensure that users do erase the software or other digital content after the original material has been returned to the library. A brief signed contract with the student and parents can be educational and protective.

6. Network or no, you must still purchase as many licenses as required to accommodate additional users.

7. Classroom videos are almost entirely okay as long as they are instructionally based. It can be a Disney movie, a television broadcast, or a DVD as long as it bears on the lesson at hand. If there are hooting boys watching an action movie for the “movie club,” then it is not okay. Entertainment (or reward) requires a license (fi gure $25 a pop for Disney, for example).

8. Although the copy machine can be used to make copies for classroom use, (see the Fair Use guidelines), it may not be used to lieu of purchase and not for consumables.

9. The school does not have to rely on commercial music for Web pages. Loop-based software (such as Movie Maestro) allows students to create swing, rap, or classical tracks. Garageband (Apple) and its ilk allow real creativity, and www.freeplaymusic.com provides very sophisticated musical scores for a variety of classroom-based projects.

10. Students can legally use media in their projects. There are guidelines for these (www.halldavidson.org), and teachers should follow them, but you should not worry if you recognize mainstream material in projects. The guidelines allow such projects to remain within a student’s portfolio indefi nitely.

11. You should enforce the prohibition against bootleg performances of Cats, Aladdin, or Oklahoma (we’re not talking about talent shows but about performances advertised in fl iers, and so on). If performance rights are sold, buy them. Or have students and teachers create an original work.

12. Students are allowed to use digitized media, including video, in projects, though a whole movie or CD would not be permitted. They are not allowed to hack encryption.

13. Copyrighted material such as the Daffy Duck character is very inappropriate (and improper) when used for noninstructional purposes such as fl iers.

14. Posting copyrighted materials on the Internet is okay if it is for instructional purposes and meets all the requirements of the TEACH Act. The TEACH Act allows for material to have much the same latitude as traditional classroom fare, but it must reside behind a password, it must be a managed site (that is, not kept up there for longer periods of time than instruction requires). It must be available only to the students in the class and - do we even need to say it - it must deal directly with instruction, among other requirements.

15. Videotape anthologies are permissible only with public domain material.

16. The noninstructional performance (playing) of videotapes and DVDs for children at Open House is prohibited. When licenses are available for noninstructional use, it’s better to buy them than to risk large fi nes.

17. Images, videos, and even presentations from public Web resources may be permissible for instruction if legally uploaded and the terms and conditions on the Web site do not prohibit such use. Duplicating them on CDs for the staff is not the same as using them in a classroom for instruction.

18. Gathering resources—including videos, sounds, and images—into an authoring or presentation program to share is perfectly acceptable if sanctioned by the license agreement.

19. In the case of television, libraries and resource people must wait until asked to record and cannot do it in anticipation of requests.

20. Libraries are able to replace lost or damaged works by copying when a suitable replacement cannot be obtained at a reasonable price.

Hall Davidson (hdavidson@koce.org) is director of educational services for KOCE-TV, PBS, Orange County, California.

Answer KeyQuick Quiz: Copyright for Administrators

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