MONARCH HIGH SCHOOL MEDIA CENTER’S MISSION
The mission of the Monarch High School Media & Information Center is to encourage and support life-long learning, literacy, and independent thinking and to ensure that students and staff are effective users of ideas and information utilizing traditional resources, along with current and emerging technologies.
The media staff is committed to the facilitation of resource-based instruction, personal inquiry, integration of technology into the curriculum, staff collaboration and interdisciplinary teaching.
In sum, we provide our students and faculty the print and non-print resources that support the successful completion of school projects, the development of information literacy and the pursuit of personal interests.
THE MEDIA CENTER’S GOALS
USE OF THE MEDIA CENTER
Hours: Monday – Thursday 7:00 a.m. to 3:30 p.m. Friday 7:00 – 2:40 p.m. The media center will close at the bell for students on early release and exam days.
Orientation: Students will be oriented to the media center in ninth grade during Knight’s Seminar.
Access: Students must have a valid MHS ID to use the media center. During the school day students must sign in at the circulation desk and present a media pass to the media staff. Passes are to have an assignment written out on them (this may include recreational reading.) Students will sign out upon leaving.
Lunch: Students are welcome to use the media center during their lunch. No passes are needed during lunch, but students must sign in and out as they do during the school day. No food or drink is permitted in the media center.
Before/After School: Students are also welcome to use the media center both before and after school. They do not need a pass but must sign in and out as they do during the regular school day.
Loan Policy: A valid student ID is required to borrow library materials. Students may check out up to 5 books at one time for a period of two weeks. Items are renewable for an additional two weeks if returned on time for renewal. Students will be limited to two books per topic. Items placed on reserve do not circulate. Students with overdue materials will have limited borrowing privileges until overdue materials are returned. Students with overdue materials may be prohibited from participating in extra-curricular activities. Students are held responsible for the safe return of materials checked out on their card.
Staff Circulation: Faculty have extended loan periods for print materials. Books are checked out for one month and periodicals for one week. AV items are also checked out for one week. Only two videos per topic will be checked out at one time in order that all teachers have equal access.
PLEASE DO NOT REMOVE ANY MATERIALS FROM THE MEDIA CENTER WITHOUT FIRST CHECKING THEM OUT WITH THE MEDIA STAFF.
Overdue Notices: Student overdue notices will be sent out through their second hour teacher. We appreciate staff help in getting materials back on time.
Copies: A photocopier & printer is available for students’ use at a cost of $0.10 per page.
Class Visits - Up to two classes at a time may reserve library space and time for class assignments. Classes will be limited to 45-minute blocks. The reservation calendar is located at the circulation desk. The remaining space is reserved for individuals and small groups. In an effort to fully integrate information literacy skills into the curriculum, faculty are required to participate in a curriculum planning conference with the Media specialist prior to a class visit (a week is preferred, but no less than three days will be accepted). Reservations will be confirmed during the conference. At that time the ‘Request for Media Center Use’ form will be completed and allows the teacher and media specialist to collaboratively prepare an appropriate lesson plan. This will foster a clear understanding of what resources will be needed and what the student expectations are during a class visit to the Media Center.
Each class that enters the center will be addressed and briefly instructed by the media specialist before any research begins. Library staff will provide a selection of materials to meet the needs of specific assignments, as well as, presentations of related online resources and instruction of information literacy skills. Students should bring all necessary supplies with them to the media center. Classes will return to their classrooms for dismissal.
Teachers need to plan on meeting students in the classroom and accompanying them as a group to the media center. They should be prepared to remain with their classes and are responsible for maintaining academic focus, enforcing discipline and facilitating clean up.
Individual and Small Group Visits - Teachers are welcome to send up to four students at a time to the media center. Passes must have an assignment description. They must also include the student’s FULL NAME, date, time, and signature of classroom teacher. Students will present passes and sign-in at the circulation desk. They will collect their passes on their way back to class. Students should bring all necessary supplies with them to the media center.
Substitute Teachers - Teachers may not sign up for class visits to the media center on days they will be absent. In addition, substitute teachers may not send individual students or groups to the media center. Alternate plans should be available for substitutes in the event a teacher is absent on a day scheduled for a media visit.
Reserving Books for Class Use - Teachers may select books or consult with the media specialists for books to be placed on reserve. These books will be placed on a cart and reserved for the teacher's classes during the specified period of time.
TECHNOLOGY USE
The Monarch HS Media Center has over forty-five networked computer workstations available for student use. These workstations offer a variety of applications including Internet access, word processing, desktop publishing, multimedia capabilities and online periodical and research databases. In addition, there is a multimedia station complete with scanner and zip drive. Students and their families have 24/7 access to media resources from home to our school’s online databases. All computers have CD re-write capability. Blank CDs and floppy discs are available at a cost of $1.00.
According to SBBC Policy 53064, the use of computers, technology, and the Internet in school must support the district’s mission, goals, policies and priorities. Students wishing to use MHS telecommunications network must sign the school board’s “Acceptable Use Policy” and the “Code of Ethics for Computer Network and Online Telecommunications Users,” which is included in the Student Code of Conduct. Students will be allowed to access their email accounts before and after school. During the school day, email will be limited to research articles emailed to their home accounts & other school business only.
When using the Internet, the following policies apply to all students:
Students wishing to use a computer in the media center must “check out” a computer just as they do a book. The student is responsible for all activity at a computer while it is checked out to him/her.
Students wishing to use digital and video cameras for projects may do so under the supervision of their classroom teachers.
Videotape Viewing Station: A TV/VCR is provided for students to complete video research. Headphones are available for checkout at the circulation desk.
APPLICATION OF THE KNIGHT’S CODE
Responsibility: Knights check out all items & return them on time. Knights pay for lost or damaged items.
Citizenship: Knights clean up after themselves and replace items no longer in use.
Kindness: Knights share media resources and assist others as needed
Respect: Knights use their time wisely, speak quietly and treat equipment & materials with care.
Honesty: Knights adhere to the county’s Acceptable Use Policy for Internet and Telecommunication use. They also heed copyright restrictions.
Self-Control: Knights do not bring food or drink into the media center.
Tolerance: Knights treat Knights and others with respect.
Cooperation: Knights ask for help when needed.
RESOURCES
Newspapers and Periodicals - The following newspapers are available in the media center: Sun-Sentinel, the Miami Herald and El Heraldo. Please do not remove newspapers from the media center. Monarch subscribes to about 40 magazines. See the media staff for a list of current subscriptions.
Online Resources - The media center’s home page is your gateway to the world of online information. The media specialist strongly recommends that staff and students begin all Internet searches with the databases listed below:
Savvy Cat – SBBC’s online library catalog. If you can’t find what you need in our collection, choose “All Schools”. We participate in inter-library loan.
Grolier Encyclopedia Online – a one stop shop for encyclopedia entries, images, journal articles, and quality web links. Includes Encyclopedia Americana, Grolier Multimedia Encyclopedia Online, New Book of Knowledge, Lands & Peoples and Popular Science.
SIRS Researcher – contains full text articles covering social issues
INFOTRAC – offers thousands of articles, bios, literary criticisms, professional collection and much more.
Proquest – full text newspaper and magazine articles.
COPYRIGHT
The advancement of technology has made it very easy to 'copy and paste' information (text and images) from a wide variety of sources. The issue of copyright compliance in an educational setting is of concern to all of us. To assist you in planning for the school year, the text of the Broward County School Board’s policy regarding copyright issues has been provided in the Appendix of this handbook. It is imperative that you read this section and refer to it whenever a copyright issue arises. In addition, please see the media specialist of you have nay questions regarding copyright.
NEW BCPS AUDIOVISUAL USE POLICY
BCPS’ new Audiovisual Use Policy has been approved and is now in effect. The policy covers both commercially and locally produced materials used in the classroom, on field trips or in before-and-after care programs. The full text of the policy is included in the Appendix of this handbook. Highlights include:
Instructional
Information Literacy Skills - Information literacy skills instruction is an important aspect of the library media program. These skills enable students to becoming independent lifelong learners and critical thinkers of a wide variety of information. Information literacy competencies and objectives are included in lessons across the curriculum through cooperative planning between classroom teachers and the media specialist. The media specialist will attend department meetings as well as meetings with individual teachers, to plan for the integration of information literacy skills in the curriculum. All classes will receive orientation at the beginning of the school year and the media specialist will provide for other reading/library activities.
Online databases: The District subscribes to a number of comprehensive and reputable databases which cover a wide variety of research needs. When teachers schedule classes to use the Media Center, students will be given instruction on how and why to use specific databases relevant to their specific research needs. Information/instruction is also available to teachers regarding the efficient use of available databases.
In-service Workshops – Training in the preparation of resource based instruction, the production of instructional materials, the proper use and care of equipment, and the use of computers, including the Internet, can be scheduled through the media specialist. Faculty should request workshops in areas of need or interest.
Production Services
Production - The library media center offers the following production services that will enhance and/or reinforce instruction: videotaping, audio recording, multi-media presentations, lamination, poster making and bookbinding. If assistance is needed with any of the previously mentioned services, arrangements should be made through the media center. Please note that lamination and poster making is to be done by media staff only.
Lamination – Media staff are happy to laminate materials for staff. Teachers are asked to place all items on the counter next to the large laminator in the Teacher Resource Room. Please remove tape or staples and make sure you have your name on a post-it or written on the back of each item. Items will be laminated within 24hours and left on the work table. Please be aware that large jobs may take longer than 24 hours.
Audio-Visual Services
Video Recording/Off Air Broadcast - Teachers may request that programs be taped off the air. A Video Request Form must be completed preferably one week, but no later than three days prior to the requested airdate
Closed Circuit System Telecasts - Teachers may request that a video be played via the closed circuit system. Only videos from the media center collection may be shown on our closed circuit system.
Computer Support – Computers are assigned to each classroom. Please do not remove them without first securing a Property Pass from the technology specialist. Our technology specialist is based in the media center. If you are having trouble with your classroom computer, laptop, or printer, please fill out our Computer Maintenance Request form online or call our repair hotline. We will be happy to assist you.
FACULTY RESOURCES
Audio Visual Equipment – Every classroom is equipped with a TV, VCR, overhead projector, multimedia projector and cart. Please DO NOT REMOVE this equipment without first checking with the media specialist. An Equipment Request form can be filled out requesting additional equipment. The media center offers short-term loans of the following equipment: CD/cassette combo players, DVD players, VCRs, TVs, digital video cameras, and digital still cameras. Presentation equipment includes data/video projectors with laptops. These items are to be returned by 3:30 p.m. on the date due.
If you experience any problems with equipment please notify media staff promptly. We will make every effort to resolve the problem as quickly as possible. If your overhead bulb needs changing, please do not send the overhead with a student to the media center. If you need help with changing the bulb, a media staff person will come to your room to assist you, otherwise you can send for a bulb.
Teacher Resource Room
Materials – Paper cutter, scissors, tape, glue, paper clips, long neck stapler, electric hole punch, electric pencil sharpener and stapler will be available for your use in the Teacher Resource Room. We ask that you leave all supplies in the appropriate place and that you straighten up after you are finished.
Staff is encouraged to utilize the production area of the Teacher Resource Room. Included in this area are:
We ask that teachers not bring or send students to the resource room.
Professional Collection - The Teachers' Resource Room provides faculty with professional journals, curriculum kits, A/V resources, computer access, scanner, and other materials. At any time during the year, a faculty member may request that the library buy materials needed for a course offering at MHS. The library staff will do their best to obtain the materials as quickly as possible.
Inter Library Loan – Broward County School libraries are part of a larger network of school libraries known as SUNLINK. If there are items you wish to use which are not in our collection, we will make every effort to obtain these materials from one of the member schools.
OTHER RESOURCES:
The resources which follow are provided by the District to all schools. The media staff will provide teachers and staff with assistance in utilizing these resources to enhance instruction:
Procedure: 1. Call either the Professional Collection Liaison (357-7177) or the Broward County Main Library AV Department (357-7440) and request the item(s) desired. Alternatively, the request can be sent through the School Board pony to the Professional Collection Liaison, Broward County Main Library. Provide library card number, school, work and home telephone numbers, and video(s) requested.
2. Videos may be returned by pony to the Professional Collection Liaison or dropped off at any Broward County Library branch.
READING MOTIVATION
In addition to monthly promotions, displays and special programs, the media center provides a variety of opportunities for students and staff to read just for the fun of it!
STUDENT AIDES AND VOLUNTEERS
The media center welcomes all volunteers. Students may volunteer in the library before and after school for credit towards their community service hours. Students wishing to become media aides will be selected based on interest, desire, dependability, and responsibility, and not on scholastic standards. Aides who work before and after school need parent/guardian permission. Parent volunteers are an important entity in the media center. They will be trained in various work-related areas of interest. Volunteers and media center staff will plan a mutually convenient schedule so that meaningful activities can be arranged.
MEDIA ADVISORY COMMITTEE (MAC)
The MAC is an important component in helping to provide an outstanding media program that is tailored to the unique needs of our school. The purpose of the committee is to assist with defining policies and goals, with the selection and use of educational media and in determining program priorities. When necessary the MAC will review materials for reconsideration. The MAC will meet quarterly and should consist of representatives from each department, administration, parents, students and the media specialist. Media concerns should be directed to the media specialist or other MAC member.
MONARCH HIGHS SCHOOL’S COLLECTION DEVELOPMENT POLICY
Monarch’s collection development policy reflects the philosophy of the school, its curricular needs, the staff’s professional needs, the students’ needs, and current thought on a variety of topics from political, technological, and social issues to philosophy and psychology. Titles require favorable reviews, a well-established reputation of the authors, accuracy, and appropriate academic levels.
PHILOSOPHY OF THE SCHOOL BOARD OF BROWARD COUNTY WITH RESPECT TO THE OPERATION OF LIBRARY MEDIA PROGRAMS
The library media program of a Broward County school serves as a vital function in all aspects of the school’s life. It is its responsibility to be an integral part of the instructional program, to stimulate intellectual growth, and to encourage and aid individual pursuits of knowledge, enrichment and recreation.
As a part of the instructional program, the media center furnishes a wide variety of curriculum-related materials for use by teachers and students, and provides the services and programs which facilitate the needs of its individual school, providing materials and services in type, level, and subject commensurate with the goal of helping each student reach his greatest potential. In addition to a variety of curriculum-oriented materials, the media center offers an abundance of quality materials through which students may pursue personal and individual interests.
The Broward County School System is committed to a program of flexibility and individual instruction. It is consistent with this commitment that teachers and students have the least restrictive access to use of media materials and services. Professional library media personnel encourage student awareness of all opportunities of the media program. Guidance, assistance and motivation are offered to promote lifelong skills in identifying, evaluating and utilizing information. Through careful selection, planning, organization, and continuous reevaluation, the collection and services of the media center are kept responsive to the long range goals of the educational system well as the immediate needs of teachers and students whom it serves.
RESPONSIBILITY
The School Board of Broward County is legally responsible for all matters relating to the operation of the Broward County Schools. The responsibility for coordinating the selection of instructional material for Monarch High School Media Center is delegated to the professionally-trained media specialist in consultation with the principal, teachers, students and parents.
OBJECTIVES FOR SELECTING MATERIALS
The primary objective of the media program is to support and enrich the instructional program at Monarch High School. Funded by the state and district, the media collection will contain a wide range of appropriate materials on varying levels of difficulty in a variety of existing and emerging formats and will maintain a focus on materials which address different learning styles and levels.
CRITERIA FOR THE SELECTION OF PRINT AND NONPRINT MATERIALS
In keeping with the Library Bill of Rights, materials, both print and nonprint, will be considered on the basis of the following:
PROCEDURES FOR SELECTION AND MAINTAINENCE OF MEDIA COLLECTION
In selecting materials for purchase, the media specialist will evaluate the existing collection and consult reputable, unbiased professionally prepared selection aids and the Broward County core collection list for high schools. Teachers from all departments and grade levels will be consulted as needed and encouraged at all times to make recommendations. Evaluation and selection of material will be an ongoing process and purchase of chosen items will be undertaken as funds become available. The media specialist will have the final decision in purchasing items for the collection.
GIFTS AND SPONSORED MATERIALS - Gifts and/or sponsored materials will be judged by the basic selection criteria and may be accepted or rejected by the media specialist on the basis of those standards.
WEEDING – Weeding of the collection will take place on a continual basis. Materials which are beyond repair, outdated or no longer useful will be withdrawn from the collection. Replacement of such materials will be undertaken based on the previously mentioned criteria for selection.
DUPLICATION – Working from a core collection of materials, existing items will be duplicated where necessary based upon history of extensive use of said materials and/or high interest in the particular subject matter. Multiple copies of certain materials will be obtained when needed however the number of copies of a single item will not exceed 5 as more than that is considered a classroom set.
REQUEST FOR RECONSIDERATION OF EDUCATIONAL MEDIA
If a request for reconsideration of any educational media is made, the following procedure shall be followed:
a. Read, view, or listen to the material in its entirety within 15 working days.
b. Check general acceptance of the material by reading critical reviews and
consulting recommended lists.
c. Determine the extent to which the material fits the selection policy and supports the curriculum.
d. Judge the material for its strength and value as a whole and not in part.
e. Prepare a written report and recommendation.
If the complainant is dissatisfied with the decisions rendered by both committees, the complainant may request inclusion on the School Board agenda.
APPENDIX
NEWAUDIOVISUAL MATERIALS USE POLICY
THE PURPOSE OF THE POLICY IS TO ESTABLISH CLEAR DIRECTION AND CONSISTENT
PROCEDURES FOR THE USE OF AUDIOVISUAL MATERIALS FOR STUDENT INSTRUCTION AND CLASSROOM USE. THESE RESOURCES ARE TO BE USED FOR CURRICULAR PURPOSES, NOT FOR ENTERTAINMENT. AUDIOVISUAL MATERIALS INCLUDE BOTH COMMERCIALLY AND STUDENT/STAFF PRODUCED MATERIALS. THEY INCLUDE MATERIALS USED ON FIELD TRIPS OR IN BEFORE AND AFTER SCHOOL CHILD CARE PROGRAMS AT THE SCHOOL. THE GUIDELINES THAT CLARIFY THE POLICY ARE TO BE MADE A PART OF THE PRINCIPALS’ HANDBOOK.
Authority: F.S.1006.34 (2) (b)
RULES:
All instructional resources, including audiovisual materials, must:
a. be consistent with School Board of Broward County policies, educational goals, and the objectives of specific courses and/or activities;
b. be consistent with Florida Statutes 1006.34(2)(b), and relevant to the Sunshine State Standards;
c. adhere to federal and state copyright laws, including but not limited to Public Law 94-533, The Copyright Act and School Board of Broward County Policy #6318; and
d. reflect the best teaching practices based on age appropriateness and instructional relevance.
a. Audiovisual materials selected for student instruction and classroom use must be age appropriate and relevant to the specific instructional goal. When available, the MPAA (Motion Picture Association of America) ratings should be used to guide decisions about audience appropriateness.
b. Audiovisual materials in the school collection and those selected for use from outside the school collection must be selected based on personal preview, reviews or recommendations from professional literature, or have been recommended for use by the District.
The usage of audiovisual materials from inside or outside the school collection must:
a. meet principal or designee approval prior to use with students;
b. exhibit a clear educational purpose;
c. be previewed in their entirety prior to being shown to students by the teacher using the resource, with special attention paid to assuring that language, theme, violence, and content are consistent with the maturity level of the students who will be viewing the material;
d. be a legally acquired copy; and
e. sustain review by the school audiovisual review committee, if concern arises.
A list of full-length feature films to be shown must be maintained in the school’s office and made available for parent review. Each school must notify parents of the process and procedures for review of the list and commentary.
a. The principal is responsible for the use of all instructional materials within the school. The teacher is responsible for use within the specific classroom.
Authority: F.S. 1006.34 (2) (b)
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
Full-length Feature Films To Be Used For Classroom Instruction
School: _____________________________________ Date: _________________________
Dear Parent:
Students in my classes have been studying ___________________________________________.
To support this unit, I plan to use a full-length feature film.
The material, entitled: ___________________________________________________________,
is being shown because it will _____________________________________________________
______________________________________________________________________________
Viewing of this is highly recommended but is not mandatory. An alternate assignment related to
the unit being taught will be provided if you do not wish for your child to view this material.
Teacher: ____________________________________ Course/Grade: _________________
Principal’s Signature: __________________________
Form 2238
5/03
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
Parent/Guardian Request For Alternate Assignment
I do not wish my child __________________________________________________________,
to view the full-length feature film, entitled __________________________________________
being shown in _______________________________________________ class.
____________________________
Signature of Parent/Guardian Date
Form 2238A
5/03
EDUCATOR’S QUICK & ESSENTIAL GUIDE TO COPYRIGHT
The School Board of Broward County, Florida
Curriculum & Instruction/Student Support
CONTENTS
History & Purpose
Fair Use
Classroom Copying of Print Materials
Audiovisual Materials Use
Guidelines / Of-Air Recording
Guidelines for School Use of Videocassette Programs
Computer Software
Multimedia Fair Use Guidelines
Scanning
Scenarios
Brief Summary
PRODUCED THROUGH
Dr. Earlean C. Smiley
Deputy Superintendent
Curriculum & Instruction/Student Support
Copyright © 2002
The School Board of Broward County, Florida
All rights reserved. Unauthorized duplication
is a violation of applicable laws.
The School Board of Broward County, Florida
Curriculum & Instruction/Student Support
Educators’ Quick and Essential
Guide to Copyright
HISTORY & GENERAL INFORMATION
Copyright is a very complex subject, partly because the law itself is written so generally that it requires “guidelines” to interpret its intention, but also because new technologies must be shoehorned into old definitions. Former technologies such as the typewriter or filmstrip projector presented few legal problems that couldn’t be easily resolved. Enter the computer, distance learning, and the photocopier and we are dealing with very different issues because of the ability to duplicate, transmit, and even change a work.
Copyright, what is its purpose?
The copyright clause of the Constitution gives Congress the power to grant authors exclusive rights to their works in order to “promote the progress of science and the useful arts.” Copyright is the legal protection provided to a creator for his or her work. It establishes specific rights that belong to that creator and provides penalties for their infringement. The first United States Copyright Act was enacted in 1790 and was almost an exact wording of earlier English law. Although it has been amended over 30 times since then, we are most influenced by the Copyright Act Revision of 1976, which added a “fair use” clause that is critically important to educational use.
What kinds of works are protected?
Copyright covers any creative product in any format from print to graphical to electronic— books, videos, magazine articles, paintings, illustrations, and cartoons, even e-mail messages.
How long does copyright protection last?
A very long time.—specifically, it lasts for the life of the author plus 70 years or, for works made for hire, 120 years from its creation.
Are there other ways to legally use copyrighted material?
Yes, you can use public domain materials, expired copyrighted materials, U. S. Government materials, or request permission from the copyright holder. You may also use copyrighted material if your use is “fair use.”
What exclusive rights does the copyright holder have?
Section 106 of the Copyright Act specifies these as basic rights of the copyright holder:
1. Reproduction—the right to make copies; this right allows only the copyright holder to make copies (such as making a photocopy from a book).
2. Preparation of Derivative Works—the right to produce a new version or modification of a work (such as making a sound recording, multimedia presentation, or video from a picture book).
3. Public Distribution—the sale, gift, or other transfer of unauthorized copies (includes rental, lease, or distributing photocopies to a class).
4. Public Performance Rights—public performances would include literary, musical, and dramatic works, as well as motion pictures, videos, and other audiovisual works, which are performed in an establishment open to the public or where a substantial number of people are gathered who are beyond the normal circle of family and friends (includes showing a film or videotape in a public place).
5. Public Display—to display a work by “showing” a film, slide, television image, or videocassette in a public place (includes projecting a picture or text to a viewer; hanging a painting, poster, or photograph
in a public place).
FAIR USE
The copyright law seeks to promote the public good by protecting the financial interests of creative individuals through prohibiting unauthorized use of their materials on one hand, while simultaneously permitting criticism, comment, news reporting, teaching, scholarship, and research. From your experience as educators, you know that these two purposes are often in conflict. One important way that Congress determined to balance these differing interests is through a provision called Fair Use. Fair Use grants
certain privileges to certain groups, one of them being educators, for certain uses of copyrighted works.
The following four factors are used in determining Fair Use:
1. Purpose and character of the use—looks at how the materials are used, whether for profit, educational or commercial use. Unfortunately for educators, the absence of financial gain alone does not make use of the work permissible. We can’t argue that it is all right because we are using it for educational purposes. The courts look at all four factors.
2. Nature of the copyrighted work— considers whether the work is scholarly or commercial. Photocopying a newspaper article is more likely to be considered fair use than copying music or a poem.
Copying a research study would be more acceptable than copying a workbook for students. Copying a consumable workbook or a textbook clearly deprives the author of the work of his profit.
3. Amount and substantiality of the material used—considers how much and which portions of the work has been used. Reproducing 10 lines of a 20-line poem is very different from reproducing 10 lines of a long novel. Amount is an important factor in the use of both print and multimedia materials, as we will see later on. “Substantiality” addresses how important the portion used is to the whole. The refrain would be much more identifiable than the rest of the lyrics of a song.
4. The effect of use on the potential market of the work—requires estimating what the expected purchase of the work might be. If the use is considered to have a negative effect on sales, that use is not likely to be considered fair use. While each of the fair use criteria has a market effect, this one directly concerns potential loss of revenue and is given consideration by the courts.
What is the Fair Use test? Fair Use guidelines were drawn up by a group representing authors, educators, and publishers. They are only guidelines and do not have the force of law. They are only advisory, but they have come to be accepted as meeting the good faith test for fair use.
1. Brevity—dictates that the relative amount copied should be brief, for example, 250 words of a poem, 2,500 words or 10% of an article, etc. Picture books, which are generally brief, must be limited to two
pages containing no more than 10% of the total text.
2. Spontaneity—means that the inspiration and decision did not allow enough time to write for copyright permission. If a teacher finds a useful article while preparing for a class currently being taught, such use
would be permissible. However, that article could not be used the next time the class was taught because there would have been sufficient time to write for copyright permission. Additionally, the copying must occur at the request of the teacher and not be the directive from an administrator or other authority.
3. Cumulative Effect—is the aggregate use, or combination of small uses, that amount collectively to such a proportion that economic harm is done. Generally, only one copy can be made, with no more than
three coming from the same work for a total of no more than nine instances for one course during one term. Finally, such copies can be used only in one course, not several.
CLASSROOM COPYING OF PRINT MATERIALS — BOOKS, PERIODICALS, ETC.
General Provisions
Teachers may make a single copy for themselves (for research or teaching purposes) of:
Classroom Copies (one for each student) Materials must carry the copyright notice and meet the three tests of brevity, spontaneity, and cumulative effect.
Brevity:
1. A complete poem if less than 250 words and printed on not more than two pages, or an excerpt from a poem of not more than 250 words.
2. A complete article, story, or essay of less than 2,500 words or an excerpt of not more than 1,000 words or 10% of a work, whichever is less.
3. One chart, graph, diagram, drawing, cartoon, or picture per book or periodical.
4. Not more than two published pages containing less than 10% of a work that combines text and illustrations, such as picture books.
Spontaneity:
1. The copying must be by or at the direction of the individual teacher.
2. The time between preparation and classroom use is too short to request and receive permission.
Cumulative Effect:
1. The copying is only for one course.
2. One short poem, article, story, essay, or two excerpts may be copied from the same author, and not more than three from the same collective work or periodical during one class term.
3. There shall be no more than nine instances of multiple copying for one course during one class term.
AUDIOVISUAL MATERIALS USE
Audiovisual works include filmstrips, slides, kits, films, videotapes, cassettes, CD-ROMs, laserdiscs, DVDs, etc. Certainly the most prevalent audiovisual materials used in the schools are videotapes; and despite the fact that educators have been using them for many years, they still create the most concern and
questions about permissible use.
Rights of the Educator
Section 110 of the U. S. Copyright Law (Fair Use) determines that educators have certain rights to both display and perform audiovisual materials but that these certain conditions must ALL be met before use is permissible.
Generally Unacceptable Uses
The following uses are generally not acceptable:
GUIDELINES / OFF-AIR RECORDING
In accordance with the fair use doctrine, nonprofit institutions may record television programs and use these recordings for instructional purposes if they meet the following guidelines, which were developed to
apply only to off-air recording by non-profit educational institutions:
1. A broadcast program may be recorded offair simultaneously with broadcast transmission and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording, after which it must be erased or destroyed immediately. "Broadcast programs" are television programs viewed by the general public without charge.
2. Off-air recordings may be used only once by individual teachers in the course of relevant teaching activities (and repeated only once when instructional reinforcement is necessary), in classrooms and similar places devoted to instruction, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) calendar day
retention period.
3. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off air more than
once at the request of the same teacher.
4. After the first ten (10) consecutive days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes (i.e., to determine whether or not to include the broadcast program in the teaching curriculum).
5. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content.
6. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
7. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.
GUIDELINES FOR SCHOOL USE OF RENTED/PURCHASED PRERECORDED VIDEOCASSETTE PROGRAMS