Central Heights Elementary

The Basics

United States Constitution, Article I, Section 8)

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

To reproduce the work in copies or phonorecords;

To prepare derivative works based upon the work;

To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and in the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

District's Stance on Copyright

Billings School District 2

The District recognizes that federal law makes it illegal to duplicate copyrighted materials
without authorization of the holder of the copyright, except for certain exempt purposes. Severe penalties may be imposed for unauthorized copying or using of audio, visual or printed materials and computer software, unless the copying or using conforms to 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.

While the District encourages its staff to enrich the learning programs by making proper use of supplementary materials, it is the responsibility of District staff to abide by the District's copying procedures and obey the requirements of the law. In no circumstances shall it be necessary for District staff to violate copyright requirements in order to perform their duties properly.
Implementing Policy 2312 Copyright

Fair Use Doctrine...

or Section 107, was added to the Copyright Act of 1976. Fair Use Doctrine allows copyrighted work to be used for the following purposes: criticism, news reporting, comment, research, scholarship and teaching. There is no black and white rule to determine what qualifies as fair use.

Four Rules of Thumb

The Billings School District and the Fair Use Doctrine both abide by these four basic rules of thumb when thinking about fair use:

1. What's the purpose of using the work?

Is it for a commercial purpose or educational purpose?

Additional Resources

Copyright and Fair Use
Copyright and Fair Use spelled out, provided by Standford Libraries

American Library Association

additional copyright materials and resources

Creative Commons
a great resource for fair use images

Code of Best Practices for Fair Use in Media Literacy Education (NCTE)
suggestions and tips for teachers to use when dealing with copyright

Works Cited

401(K)2013. Money-Savings. Digital image. Flickr. Yahoo! Inc., 24 Jan. 2012. Web. 15 July 2013.

DavidWees. Copyright Symbol-White Background. Digital image. Flickr. Yahoo! Inc., 14 Mar. 2012. Web. 16 July 2013.

Jimmiehomeschoolmom. Stack of Books. Digital image. Flickr. Yahoo! Inc., n.d. Web. 15 July 2013.

MacEntee, Sean. Education. Digital image. Flickr. Yahoo! Inc., 13 Apr. 2011. Web. 15 July 2013.

MonaLMtz. Books, Books, and More Books. Digital image. Flickr. Yahoo! Inc., 3 June 2009. Web. 15 July 2013.

Montana. Billings Public Schools. Billings School District 2 Policy and Procedure. N.p., n.d. Web. 15 July 2013.

Ter Haar, Kate. A Book That Is Shut Is but a Block--Thomas Fuller. Digital image. Flickr. Yahoo! Inc., 23 Sept. 2010. Web. 16 July 2013.

Timetrax23. Library Books. Digital image. Flickr. Yahoo! Inc., 2 Jan. 2007. Web. 15 July 2013.