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Use of Copyrighted Material-Audio Visual

Adopted: 5-13-81
Revised:  5-11-05, 10-13-21

Philosophy:

The Board is committed to the observance of federal and state copyright laws and publisher licensing agreements. It delegates responsibility for enforcing this policy to the District and school administrations. The Board is equally committed to quality and appropriate materials being used in teaching situations.

Definitions:

1.  Fair Use: An exception to the exclusive rights enjoyed by copyright owners is the doctrine of “fair use.” The “fair use” of a copyrighted work for purposes of teaching, scholarship, or research is not an infringement of copyright. The following factors shall be considered in determining “fair use”:

  1. The purpose and character of the use, including whether the use is of a commercial nature or for non-profit educational purposes.
  2. The nature of the copyrighted work.
  3. The amount and importance of the portion used in relation to the copyrighted work.
  4. The effect of the use upon the potential market for or value of the copyrighted work. 

Note: A further exception shall be performance or display of a work by instructors or students in the course of face-to-face teaching activities in a classroom or other similar place devoted to instruction.

Policy:

Employees of the District shall comply with the provisions of the United States Copyright Law. Subject to certain specific exceptions, as stated below, the owner of a copyright has the exclusive rights to reproduce, distribute, perform, or display the copyrighted work, or to authorize such reproduction, distribution, performance or display by others. Employees who wish to use copyrighted print material and sheet music shall follow the guidelines as set forth in this Policy. 

Copyrighted or Patented Materials—

        Any document which is copyrighted, either by formal filing under federal copyright laws or by informal claim of copyright, or which is covered by a patent, trademark or other protected designation, shall not be copied or provided to any person without an order of a court of competent jurisdiction ordering such disclosure or written permission from the author of the record.

               Utah Code § 63G-2-103(22)(b)(iv) (2014)

               Utah Code § 63G-2-305(37) (2014)

Guidelines for Audio-Visual Materials (Videos, DVD’s, and Taped Programs):

Parents should be assured that inappropriate materials will not be shown to their children during school or in conjunction with after-school functions. Teachers shall show only those materials which are appropriate to the age of the students being taught, and which are appropriate to the specific curricular and/or instructional activity, content and purpose. The ratings discussed in this Policy are ratings given by the MPAA (Motion Picture Association of America). All videos, DVD’s, and taped programs must be used in according to “fair use” guidelines for direct instruction in the classroom and not for reward or entertainment. The audio-visual material shall be previewed by the teacher and/or school administration and be in compliance with the approved District curriculum, copyright laws and required fees.

  1. Elementary schools (K-5) shall only show “G” rated movies.
  2. Material rated “PG,” if deemed critical to the teaching situation, may be shown only after obtaining written parental permission to grades 7-12.
  3. Material rated “PG-13,” if deemed critical to the teaching situation, may be shown only after obtaining written parental permission to grades 9-12.
  4. Material rated “R” or “NC17” are deemed inappropriate for students and will not be shown in schools at anytime.
  5. If a parent and/or student choose not to view material, the teacher shall provide appropriate materials and assignments as an alternative.
  6. The following is prohibited:
    1. Using videos, DVD’s, or taped programs for public viewing, reward or entertainment without a public performance site license;
    2. Using videos, DVD’s, or taped programs that have not been previewed for applicability and appropriateness by the teacher and/or school administration.
    3. Media streaming services like Netflix, Hulu, Disney Plus, and Amazon Prime should not be used on district computers or devices. Service agreements indicate that they may be used only for private, in-home, non-commercial use (school use is considered "commercial" in this context).
  7.  YouTube copyright.
    1. Employees should only upload and use personally created videos or videos that grant authorization. That means they should not upload videos they didn't make or shall they use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

Guidelines for of Computers and Software:

  1. Acceptable computer use is covered in the District’s “Access to Internet” policies. Students and employees are held accountable for violations that occur in the policies. 
  2. It is prohibited to use illegally copied software in schools or offices.
  3. It is prohibited to use school equipment to copy software illegally.

Guidelines for Music and Theatre:

  1. Audio programs used in the classroom must be legally acquired, directly tied to curriculum lessons or learning objectives, and age appropriate or have an appropriate or no rating.
  2. Copying of music must be done under the direct supervision of a teacher or staff member who is familiar with copying regulations.
  3. It is illegal to hold a public performance of copyrighted materials unless the school entity has legally rented and paid the royalties associated with the performance. An exception for not paying royalties would be for classroom performances as a face-to-face instructional process.
  4. Parents should be assured that their children shall not be exposed to inappropriate music and drama presentations during school or in conjunction with after-school functions.