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Education World ® Professional Development Center: Curriculum: District Liability and Teaching Responsibility

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• For the most part, cocooned in our own classrooms, we got away with
  it. With the advent of new — very public — technologies, we no longer
  have that luxury.
• “School districts are liable for any copyright violations committed
  by their staff, and the area with the greatest potential for liability
  is the district’s public Web site,” Nancy Willard agreed.
• “School districts,” Willard
  added, “should be very careful about the copyright status of any material
  posted on their Web sites. Most companies do not want to sue school districts
  for copyright violations unless the unlawful practice is pervasive and
  such a suit would send a message to other districts.

Fair Use Guidelines for Educational Multimedia

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• Educational
  multimedia projects created under these guidelines
  incorporate students’ or educators’ original material,
  such as course notes or commentary, together with various
  copyrighted media formats including but not limited
  to, motion media, music, text material, graphics,
  illustrations,
  photographs and digital software which are combined
  into an integrated presentation.
• 3.1 Student Use:
  Students may perform and display their own educational
  multimedia projects created under Section 2 of these
  guidelines for educational uses in the course for which
  they were created and may use them in their own portfolios
  as examples of their academic work for later personal
  uses such as job and graduate school interviews.
• their own educational
  multimedia
• 3.3 Educator Use for Peer Conferences:
  Educators may perform or display their own educational
  multimedia projects created under Section 2 of these
  guidelines in presentations to their peers, for example,
  at workshops and conferences.
• If the educational institution’s network or technology
  used to access the educational multimedia project created
  under Section 2 of these guidelines cannot prevent
  duplication of copyrighted material, students or educators
  may use the multimedia educational projects over an
  otherwise secure network for a period of only 15 days
  after its initial real-time remote use in the course
  of instruction or 15 days after its assignment for
  directed self-study. After that period, one of the
  two use copies of the educational multimedia project
  may be placed on reserve in a learning resource center,
  library or similar facility for on-site use by students
  enrolled in the course. Students shall be advised that
  they are not permitted to make their own copies of
  the educational multimedia project.
• Educators may use their educational multimedia projects
  created for educational purposes under Section 2 of
  these guidelines for teaching courses, for a period
  of up to two years after the first instructional use
  with a class. Use beyond that time period, even for
  educational purposes, requires permission for each
  copyrighted portion incorporated in the production.
• It is understood, however,
  that students in kindergarten through grade six may
  not be able to adhere rigidly to the portion limitations
  in this section in their independent development of
  educational multimedia projects.
• Only a limited number of copies, including the original,
  may be made of an educator’s educational multimedia
  project. For all of the uses permitted by Section 3,
  there may be no more that two use copies only oneof
  which may be placed on reserve as described in Section
  3.2.3.
• except for
  images incorporated into the project for the uses described
  in Section 3.2.3. In such cases, the copyright notice
  and the name of the creator of the image must be incorporated
  into the image when, and to the extent, such information
  is reasonably available; credit and copyright notice
  information is considered “incorporated”
  if it is attached to the image file and appears on
  the screen when the image is viewed.
• 5.2 Duplication of Multimedia Projects Beyond Limitations
  Listed in These Guidelines
  Even for educational uses, educators and students must
  seek individual permissions for all copyrighted works
  incorporated in their personally created educational
  multimedia projects before replicating or distributing
  beyond the limitations listed in Section 4.3.
• 6.4 Future Uses Beyond Fair Use
  Educators and students are advised to note that if there
  is a possibility that their own educational multimedia
  project incorporating copyrighted works under fair
  use could later result in broader dissemination, whether
  or not as commercial product, it is strongly recommended
  that they take steps to obtain permissions during the
  development process for all copyrighted portions rather
  than waiting until after completion of the project.
• Educators and students may not use their personally
  created educational multimedia projects over electronic
  networks, except for uses as described in Section 3.2.3,
  without obtaining permissions for all copyrighted works
  incorporated in the program.
• Educators and students are reminded to credit the sources and
  display the
  copyright notice and copyright ownership information if this is
  shown in
  the original source, for all works incorporated as part of
  educational
  multimedia projects prepared by educators and students,
  including those
  prepared under fair use. Crediting the source must adequately
  identify the
  source of the work, giving a full bibliographic description
  where available
  (including author, title, publisher, and place and date of
  publication).
  The copyright ownership information includes the copyright
  notice (C, year
  of first publication and name of the copyright
  holder).