1) Can I download a U-Tube video to use in the classroom?
Downloading a U-Tube video violates the U-Tube User Agreement, which you implicitly accept by using the site. Even if the video is in the public domain you may NOT download it legally.
2) Can I copy a commercial VHS tape to a DVD if it's not available as a DVD?
You cannot change the format of any copyrighted video or audio media - not even to make a backup copy(unless you are a librarian). If you have a tape in an obsolete format (Beta or 8-track) you may transfer it to a modern medium, but only if you can’t buy a copy of it in a contemporary format.
3) Can we watch a rented (or borrowed) video in the classroom?
Yes, as long as a video is legally obtained and relates directly to the part of the curriculum being studied at the time.
4) Can we watch a rented (or borrowed) video after school?
After-school programs are not covered under the curriculum stipulation of the video guidelines; therefore, it is not acceptable to show a video under these circumstances unless a performance rights contract has been purchased.
5) Can we tape a program from TV and use it in the classroom?
Several considerations affect this scenario: 1) Only over-the-air broadcasts are covered by fair use guidelines - satellite and cable programming is off limits. 2) You must use the program within a reasonable period of time, and you can't keep it more than 10 days. 3) The program must be used in direct support of the curriculum. School systems have been sued for violating these guidelines.
6) Can I make copies of an audiobook for multiple iPods in my classroom?
Not unless your purchase agreement permits you to do so. Apple, for example, permits iTunes downloads to be used on five authorized devices.
7) Can we broadcast videos over the school video network?
As long as the video is not converted for use on a digital video server, it may be broadcast under fair use guidelines. Among other stipulations, this requires that the video be shown only in classrooms where it is directly related to the standard course of study being taught at the time. The manager of the video distribution system should keep records of both the provenance of the video and the lesson plans in use at the time of viewing.
8) A new student was added to the choir. Can we make a copy of the sheet music for her?
You could make an emergency copy, assuming that you have placed an order for a legal copy.
9) Can we use a popular music recording as background for a Powerpoint presentation?
Assuming that the Powerpoint is curriculum-related, up to 30 seconds of music may be included. The clip may not exceed 10% of the musical work.
10) Can I make copies of a short story/poem/magazine article to use with my class?
Single copies:
Teachers may make a single copy of an article, book chapter, short story, newspaper article, etc., and share it with the class verbally. This qualifies under the “spontaneity” concept of fair use; thus, the copy may be retained indefinitely, but may not be used in the classroom from year to year.
Classroom sets:
Sets of copies for classroom use (one per student) may be made as long as the story or article is less than 2500 words, (250 words for a poem) and copyright information is included on the copies. For longer works (plays, novels, etc.) only 1000 words may be used. Only two pages of a picture book may be copied. As always, the spontaneity guideline requires that the work be used within a short time span and not used again.
Further questions may be emailed to Dan Sparlin, dsparlin@dpi.state.nc.us.
