1	Copyright Do’s and Don’ts Deer Creek Public Schools
2	Portion Guidelines (By Type of Media) Text Material (chapters in a book, newspaper, magazine article, prose, short story, short essay, Web article): Up to 10% or 1,000 words, whichever is less, of a single copyrighted work. A single copy of a chapter can be made for research, teaching, or class preparation. Poems: An entire poem of less than 250 words, but no more than 3 poems by one poet or five poems by different poets from a single anthology. In longer poems, the 250-word limit still applies, plus no more than 3 excerpts by one poet or 5 excerpts by different poets from a single anthology.
3	Portion Guidelines Illustrations, Artwork, Photographs, or Graphic Media (chart, diagram, graph, drawing, cartoon, Web page image): No more than 5 images by one person and no more than 10% or 15 images from a single published work may be used. Numerical Data Sets: Up to 10% or 2,500 fields or cell entries, whichever is less, from a database or datatable may be used. Music, Lyrics, Cassette Recordings (sheet music, songs, operas, musical scores, CD, disk): Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work in print, sound or multimedia form.
4	Portion Guidelines Music, Lyrics, Cassette Recordings (sheet music, songs, operas, musical scores, CD, disk): Up to 10%, but no more than 30 seconds of music and lyrics from a single musical work in print, sound or multimedia form. Motion Media (film and videotape productions): Up to 10% or 3 minutes, whichever is less, of a single copyrighted motion media work. Spontaneity is required. Broadcast Programs: Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date. May be used only by individual teachers in face-to-face instruction. Must affix copyright notice. Multimedia Project: No more than 2 copies.
5	Fair Use “Fair Use Exemptions” are found in Section 107 of Title 17 U.S. Code, Public Law 94-533,90 Stat. 2541. Fair Use is not a law—it is an interpretation of the law. The burden of proving fair use falls to the person using the material.
6	The 4 Tests of Determining Fair Use The use is for nonprofit educational purposes only. Nature of the work tends to be mostly factual and published. The amount to be used falls within the portion guidelines. The author/owner of the copyright must not be deprived of a sale.
7	The 3 Kinds of Fair Use Creative: use of the copyright of a work in creating one’s own original work Personal: use of a copyrighted work for personal learning or entertainment Educational: use of copyrighted work for teaching, scholarship, and research.
8	Remember This: Ask your teachers to attend Professional Development sessions about copyright and “fair use.” Support the efforts of your library media specialist and technology staff to ensure copyright compliance. Document your compliance. Model copyright compliance and ethical behavior for others.
9	Remember This: Have the right attitude. Be honest. Copyright is federal law—don’t apologize. for obeying it.
10	Penalties $750—$30,000 per work infringed upon Up to $150,000 per day in cases of willful or knowledgeable infringement Not less than $200 for “innocent” infringement As high as $250,000 for software infringement In some cases, an offense may be considered a felony.
11	Helpful Resource Information adapted from Copyright for Schools: A Practical Guide, 3rd Ed. by Carol Simpson © 2001 Linworth Publishing, Inc