HOWE BOARD OF EDUCATION POLICY                         EFEA-E1


TEACH Act Checklist

1. The district is an accredited nonprofit educational institution or governmental body.
2. The district has an institutional policy that addresses the use of copyrighted materials and promotes compliance with U.S. copyright law.
3. The district provides educational materials/resources to faculty, students, and staff that accurately describe copyright rights and responsibilities.
4. The work is not a digital educational work produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks.
5. The work is not a textbook, coursepack, electronic resource, or similar material typically purchased individually by the students for independent review outside the classroom or class session.
6. The work is lawfully made and acquired. Would a reasonable evaluation indicate the origin of the work to be questionable?
7. The work is an integral part of the class session. The materials are specifically for students enrolled in the course.
8. The work is part of systematic mediated instructional activities, provided at the instructor's direction during the relevant lesson.
9. The work is directly related and of material assistance to the teaching content and is a part of the regular offerings of the district.
  10. The work is (check one):
  Nondramatic literary work (may use all)
  Nondramatic musical (may use all)
  Reasonable and limited portion of any other work (dramatic literary, musical, or audiovisual works) or
  Display of any work in an amount similar to typical displays in face-to-face teaching in a live classroom setting.
11. The transmission of the work is limited, as technically feasible, to the students enrolled in the course.
  12. Reasonable downstream controls have been instituted.
  Reasonable measures have been implemented to prevent retention of the works for longer than the class session.
  Reasonable measures have been implemented to prevent unauthorized dissemination in accessible form by the recipients.
13. Materials will be stored on a secure server and transmitted only as permitted by the TEACH Act.
14. Copies of the work will not be made other than the one needed to make the transmission.
  15. For conversions of analog to digital
  No digital version is available to the educational institution.
  The digital version available is technologically protected to prevent TEACH uses.
Yes:   Conversion of analog to digital permitted

No:   Conversion of analog to digital not permitted

16. There is a warning notice present on the work notifying students that the work may be protected by copyright.
Permissions Guide
1. Does the proposed use require permission from the copyright holder?

A. Is the work subject to copyright?

  Is it an original work of authorship?
  Is it fixed in a tangible medium of expression?
  Is it not an "idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied" in a copyrighted work?
  Is it not a work produced by a U.S. government employee in the scope of employment?
  Is it not a work the author has expressly made available for unrestricted copying, distribution, etc., effectively dedicated to the public domain?
  Has the copyright expired?
  B. Is there a legal basis for use without permission?
  Is it fair use? To enhance the fair use argument, especially for coursepacks and web-based teaching materials, (1) use excerpts that are short and qualitatively insubstantial; (2) limit access to students enrolled in the course; (3) end access after the course; (4) do not use the material repeatedly for a course; (5) include the copyright notice and appropriate attributions; (6) obtain permission if easy to do so (cost and timing perspective).
  Is it a performance and/or display of a work in a face-to-face teaching setting?
  Is it a transmission of a performance and/or display of limited works to a classroom setting for teaching purposes?
2. Obtaining permission to use copyrighted works:
  Identify the copyright holder (best to confirm by phone or e-mail before seeking permission).
  Send written request for permission to use.
Allow several weeks lead time.

Can the district pay a licensing fee/royalty?

  If license fee is too much or there is no response, be prepared to use a limited amount that qualifies for fair use, or use alternative materials.
  Obtain legal review/contract review for any license agreements other than the district's permissions form.

              Adoption Date: May 19, 2003

 Computer Use Policies