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This information represents a conservative interpretation of the copyright law and does not in any way substitute for legal advice. The intention is to serve as a guide for similar school-based situations.
© Q & A: Audio
Q: Is it legal to make a backup copy of an audiotape?
A: The copyright law does not allow the purchaser to make an "archival" or backup copy of an audiotape. The purchaser has the right to use the tape until it wears out or breaks. If there is still a need for the tape, a replacement will have to be purchased.
Q: It would be helpful for my students to listen to someone reading the book as they follow the text. Is it legal to record someone reading the book?
A: The copyright law does not allow you to do this without permission from the publisher. One of the rights of the copyright owner is the right to change the format of the work. The owner retains this right even when the book is sold. Making a sound recording of a book is changing the format. Therefore, it is not legal. The law provides for one exception. A sound recording may be made for someone who is blind. It is best to seek further information on this exception if you plan to use it.
© Q & A: Off-Air Taping
Q: What is the 45 day rule?
A: The 45 day rule refers to the retention period a taped program may be kept and viewed. The Fair Use Guidelines permit a taped program to be retained for a maximum of 45 consecutive days before it must be erased or destroyed. Viewing is also restricted during the retention period. Students may view the tape only once for instruction and once for review during the first 10 school days. During the remaining period, the tape may be viewed only by teachers for the purpose of evaulation.
This rule applies to programs taped off regular broadcast channels, not cable or satellite programs. There are no Fair Use Guidelines for cable and satellite programs. Each program may set its own retention and use restrictions. Visit these websites for specific off-air taping rights for PBS and Cable in the Classroom programs.
Q: A teacher requested that I record a particular television program. I missed the program, but my friend at another school recorded it. Is it okay if she makes a copy for me?
A: It is important that you record television programs only at the request of a teacher, not in anticipation of a need. If you miss the program, your friend may not legally make a copy for you unless the taping rights specifically include distribution rights. However, you may borrow the tape from your friend to view.
© Q & A: Software
Q: I use a software program on my home computer for school-related tasks. Is it ok to install this software on my computer at school? It would not be used on both computers at the same time.
A: The copyright law does not allow single-user software to be loaded on more than one computer. Some licenses specify that it may be loaded on a laptop or home computer. It is important to read the license agreement carefully to ensure compliance.
Q: My school has several single-user CD-ROM programs. Each requires that a short program be loaded on the computer. Since you must have the CD in the drive to use the program, is it ok to load the short program on several computers so that the CD can be used on whichever computer is available?
A: This is a violation of copyright law unless the license specifically states that you may load the program on more than one computer.
© Q & A: Video
Q: Is it okay to show a video that a student taped at home?
A: No, off-air taping must be done by the teacher or media staff at the request of the teacher and be shown to students within the next ten school days.
Q: I want to rent a popular movie (based on a book) and show it after my class has read the book. The students will compare and contrast the book and the movie. Is this legal?
A: It is legal to show the video to your class provided the showing meets ALL 4 of the Fair Use Guidelines. (See below.)
Q: Is it legal to make a backup copy of a videotape?
A: The copyright law does not allow the purchaser to make an "archival" or backup copy of a videotape. The purchaser has the right to use the video until it wears out or breaks. If there is still a need for the video, a replacement will need to be purchased.
Q: Each grade level in my school takes an overnight field trip. The rented buses have TV/VCRs. Is it legal to show videos on the bus?
A: Unless the video was purchased with public performance rights (most are not, including those that state "For Home Use Only"), the only way to legally show a video on the bus is for the showing to meet ALL 4 of the following Fair Use Guidelines:
- The video must be presented by the instructor to students enrolled in a particular class.
- The showing must occur in face-to-face instruction and be directly related to the current lesson.
- The showing must take place in a classroom or normal educational setting.
- The videotape must be legally acquired.
Q: The after-school program at my school shows a video every Friday to all of their students. They purchase their own videos (without public performance rights) and have been informed of the copyright guidelines for showing videos. They are not making any connection to the curriculum.
A:
This is not a legal use of video because the Fair Use guidelines are not being met. Videos that are purchased without public performance rights may not be shown to a "public" group unless all 4 of the guidelines are met. The law defines "public" as "...a substantial number of persons outside of a normal circle of a family or its social acquaintances...". After-school programs fit the definition of a public group and, therefore, must meet Fair Use guidelines when showing videos without public performance rights.
Q:
The label on a video in the Media Center states "For Home Use Only". Can I show it to my class as a reward?
A:
The "Home Use Only" label lets the user know that public performance rights were not purchased for that video. The law prohibits the use of videos without public performance rights in schools for rewards or entertainment. Schools may use the video for instruction provided ALL 4 of the Fair Use Guidelines are met:
- The video must be presented by the instructor to students enrolled in a particular class.
- The showing must occur in face-to-face instruction and be directly related to the current lesson.
- The showing must take place in a classroom or normal educational setting.
- The videotape must be legally acquired.
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