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1.
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The district is an accredited nonprofit educational institution or governmental body.
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2.
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The district has an institutional policy that addresses the use of copyrighted materials and promotes compliance with U.S. copyright law.
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3.
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The district provides educational materials/resources to faculty, students, and staff that accurately describe copyright rights and responsibilities.
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4.
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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.
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5.
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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.
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6.
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The work is lawfully made and acquired. Would a reasonable evaluation indicate the origin of the work to be questionable?
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7.
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The work is an integral part of the class session. The materials are specifically for students enrolled in the course.
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8.
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The work is part of systematic mediated instructional activities, provided at the instructor's direction during the relevant lesson.
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9.
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The work is directly related and of material assistance to the teaching content and is a part of the regular offerings of the district.
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10.
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The work is (check one):
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Nondramatic literary work (may use all)
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Nondramatic musical (may use all)
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Reasonable and limited portion of any other work (dramatic literary, musical, or audiovisual works) or
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Display of any work in an amount similar to typical displays in face-to-face teaching in a live classroom setting.
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11.
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The transmission of the work is limited, as technically feasible, to the students enrolled in the course.
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12.
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Reasonable downstream controls have been instituted.
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Reasonable measures have been implemented to prevent retention of the works for longer than the class session.
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Reasonable measures have been implemented to prevent unauthorized dissemination in accessible form by the recipients.
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13.
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Materials will be stored on a secure server and transmitted only as permitted by the TEACH Act.
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14.
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Copies of the work will not be made other than the one needed to make the transmission.
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15.
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For conversions of analog to digital
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No digital version is available to the educational institution.
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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
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16.
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There is a warning notice present on the work notifying students that the work may be protected by copyright.
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Permissions Guide
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1.
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Does the proposed use require permission from the copyright holder?
A. Is the work subject to copyright?
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Is it an original work of authorship?
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Is it fixed in a tangible medium of expression?
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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?
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Is it not a work produced by a U.S. government employee in the scope of employment?
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Is it not a work the author has expressly made available for unrestricted copying, distribution, etc., effectively dedicated to the public domain?
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Has the copyright expired?
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B. Is there a legal basis for use without permission?
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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).
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Is it a performance and/or display of a work in a face-to-face teaching setting?
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Is it a transmission of a performance and/or display of limited works to a classroom setting for teaching purposes?
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2.
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Obtaining permission to use copyrighted works:
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Identify the copyright holder (best to confirm by phone or e-mail before seeking permission).
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Send written request for permission to use.
Allow several weeks lead time.
Can the district pay a licensing fee/royalty?
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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.
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Obtain legal review/contract review for any license agreements other than the district's permissions form.
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