GUIDELINES FOR REPRODUCTION AND USE OF |
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| I. | OFF-AIR TAPING | ||
| The primary purpose of off-air video taping is to permit use of video tapes in face-to-face instruction and to enable staff to preview instructionally related materials for possible acquisition through purchase, lease, rental, or free-loan agreements by the District. These guidelines enable teachers to replay television programs within a specified period of time. | |||
| A. | Guidelines for Recording and Using Video Tapes | ||
| To help prevent problems involving copyright violations on the part of the District or District employees, off-air taping of audio visual materials shall be accomplished under the following conditions and comply with the Governing Board Policy: | |||
| 1. | Any teacher desiring that an instructionally related program be taped by the District for classroom use shall make a written request. Such requests must be signed, which in effect is an agreement to abide by the provisions of this regulation. If a school elects to video tape at a local unit, a similar form must be used. An individual may use video programs taped at home as long as he/she complies with the policy and regulations adopted by the Governing Board regarding its use. | ||
| 2. | Unless otherwise authorized, by the Superintendent or his/her designee, all video tape recordings of network programs shall be erased no later than 45 days after the taping of the requested program. Instructional television programs broadcast over ITFS by the San Diego County Office of Education can be retained for the period designated in the County Instructional Television Guide. |
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| 3. | Individuals who wish to retain programs beyond the 45 day period will be responsible for requesting permission to use or retain copyrighted television programs beyond the 45 day retention period. Video tapes of commercial programs may only be retained with written approval of appropriate copyright holders. | ||
| 4. | Copyright law and cable franchise agreements exclude the District from recording or using pay channels such as "Showtime," "HBO," "Disney," etc. for classroom instruction. This provision covers any program broadcast by channels and intercepted through the use of cable channels or a satellite dish. Exceptions may be authorized by the District and some "pay programs" may be available for legal acquisition. | ||
| 5. | Use of off-air recordings made from a satellite dish must conform to the 45 day retention period established for broadcast or cable programming. |
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| 6. | The taped program shall not be used for public or commercial viewing. |
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| 7. | The taped program shall be used for the specific curriculum application for which the request was intended and no other curriculum application is authorized. | ||
| 8. | Video tape programs which fall under the State's Sex Education Codes 51550, 51820, and 51240 may only be used following the established parent notification and material review process. | ||
| 9. | Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations. | ||
| 10. | The principal of each school site is responsible for establishing practices which will enforce this policy at the school level. | ||
| 11. | The legal or insurance protection of the District will not be extended to employees who violate copyright laws. In the event said employee is found guilty of violating existing copyright law by administrative law judge, judge or jury, or a combination thereof, the employee will be required to remunerate the District in the event of loss due to litigation. | ||
| B. | Letters of Request for Information to Major Networks or Producers | ||
| A request for information as to the availability of a television presentation, which has been determined to be of educational value for classroom use through teacher preview, shall be made to the appropriate major television network (e.g., NBC, ABC, CBS). Information requested will include the following: | |||
| 1. | Agency holding distribution rights to educational institutions, |
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| 2. | If and when program will be available to the educational market, |
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| 3. | Type of film or video format to be used, | ||
| 4. | Procedure for purchase, rental, or lease agreement. | ||
| C. | Request to Networks or Producers for Permission to tape or Retain Copyrighted Works | ||
Although some producers allow nonprofit organizations to reproduce their materials, they must first review the status of their copyright to determine whether or not they have the power to grant permission. Regardless of the standard policy a producer may have regarding the granting of duplication rights, each request requires careful checking of the exact materials to be duplicated. Therefore, requests to producers for permission to duplicate copyrighted audio visual materials shall include the following information: |
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| 1. | Correct title of the material, |
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| 2. | Exact description of the material to be used (i.e., test, visuals, soundtrack, etc.), | ||
| 3. | Type of reproduction, | ||
| 4. | Number of copies to be made, | ||
| 5. | Use to be made of reproduced materials: If the material is video cassette, specify whether the intended use involves single receiver playback or multiple receivers. If the intended use involves transmission of the material, specific information should be supplied as to the method of transmission; whether radio or television, open or closed circuit. In such cases, many license agreements require that the number of students in the intended audience be stated. | ||
| D. | Rental, Purchase, and Use of Video Tape |
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| Copyright law and County Counsel opinion specify the following guidelines for the rental and purchase of video tapes. Due to the changing nature of the video industry, these guidelines assure the District will remain in compliance with copyright and contract law provisions: | |||
| 1. | Use of feature length video tapes must be part of a systematic course of instruction, unless otherwise approved by the District, and their use must take place in a classroom or similar place devoted to instruction. | ||
| 2. | Use of video tapes must be made from legitimate copies. | ||
| 3. | Local schools may transmit video tapes over their closed circuit television systems for face-to-face instruction. | ||
| II. | Computer Software |
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| It is the intent of the District to adhere to the provisions of the copyright laws in the area of microcomputer programs. | |||
| A. | Public Law 96-517 |
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District employees will be expected to adhere to provisions of Public Law 96-517, Section 7 (b) which amends Section 117 of Title 17 of the United States Code to allow for the making of a backup copy of computer programs. This states that "...it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, OR that such a new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the entire program should cease to be rightful." |
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| B. | Computer Software Reproduction and Use Guidelines |
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| 1. | Illegal copies of copyrighted programs may not be made or used on school equipment. | ||
| 2. | When copyrighted software is used on a disk sharing system, effort will be made to secure this software from copying. |
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| 3. | The legal or insurance protection of the District will not be extended to employees who violate copyright laws. In the event said employee is found guilty of violating existing copyright law by administrative law judge, judge or jury, or a combination thereof, the employee will be required to remunerate the District in the event of loss due to litigation. | ||
| 4. | The Superintendent or his/her designees of this school District may sign District duplication rights agreements or licenses for software for schools in the District. |
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| 5. | No employee of the District shall encourage or allow any student to surreptitiously or illegally duplicate computer software or access any data base or electronic bulletin board. | ||
| 6. | No employee of the District shall surreptitiously or illegally access any data base or electronic bulletin board. | ||
| 7. | The Superintendent or his/her designees are solely responsible for the duplication of all computer software licensed for District-wide use. | ||
| 8. | The legal, ethical, and practical problems caused by software piracy will be taught in all schools in the District. | ||
| 9. | The principal of each school site is responsible for establishing practices which will enforce this policy at the school level. | ||
Adapted from Grossmont Union High School District, La Mesa, California — June 12, 1985 |
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