[LM_NET] HIT- Copyright Issues with Student Slideshows

[Angela Kauffman <ilovedewey@GMAIL.COM>]

Many have requested that I share the information I receive.  I am SO
thankful for all of the support you were able to give me.  This morning,
armed with my newly obtained facts, I was able to get the principal to agree
that the slide show is not a good idea and now we will be making major
changes to it AND it won't be "for sale!"  Feel free to read bits and pieces
of the responses I received below. The best site that was suggested for
royalty free music is www.SOUNDZABOUND.com <http://www.soundzabound.com/>   The
music there is really great and there are LOTS of songs to pick from!!!



Our district does have a release policy for student photos and if your
district has that, it's important to check to make sure that you aren't
including any students who are on that list.



If your school does this sort of thing with end-of-year slide shows and you
aren't comfortable with it, hopefully you'll feel comfortable in sharing
this information with your school.



Thanks again for all of the advice and if anyone has any more to share,
please feel free!


See Fellow LM_Net responses below.



*Response 1*



As you suspect, it is a violation of copyright to use a commercially
produced copyright protected song for any purpose in a public setting, then
to make copies of it violates another right of the copyright holder, then to
sell it breaks the cardinal rule or "HOME PLATE" for it's use. The easiest
way to avoid all this is to put the photos, slides or videos to ROYALTY FREE
music from a company such as
www.SOUNDZABOUND.com<https://webmail.cdschools.org/exchweb/bin/redir.asp?URL=http://www.SOUNDZABOUND.com>




*Response 2*



Does your district have a "release" policy for student photographs? We have
written in our student handbook that students engaged in school activities
may expect to have their photos taken for the use on-line, in yearbook, TV
production, school newspaper, etc.



This policy does not cover outside photographs taken outside the
school--you're on sketchy grounds if a kid protested their picture taken at,
say, Chuck-E-Cheese, or a bowling alley (unless it was a school event at
that location.)



Unless I had signed releases from parents of kids that appeared in it, I'd
be nervous too.



*Response 3*



The images in the yearbook were taken by a photographer under contract to
the district. As part of that contract, either the district owns the
copyright in the works as works for hire, or the school has a license from
the photographer to use the images in school publications. Using the image
of an individual student is a permission the parent has probably given when
they signed a general permission form early in the year. If the photos were
taken by students/parents, the students/parents own the copyright in those
works, so you need permission from them.


The music accompanying the slide show must be licensed unless it falls under
the multimedia guidelines (not law, but generally recognized as safe,
however it requires IN CLASS use) or under fair use. Fair use of music has
been found to be very limited except in the instance of parody, which I'm
pretty sure a use such as this would not be. This type of use needs a SYNCH
license, generally gotten from Harry Fox Agency. In addition, if you are
going to duplicate the work, you need MECHANICAL rights.  You can find the
rates at harryfox.com.  Unlike live performances where if the profits go to
the educational institution and the performers are not paid, no royalties
are due, for this type of use, royalties are expected. There isn't an
educational fair use for recordings.



Posted/Compiled by Angela Kauffman, Librarian
Linglestown Middle School
1200 N. Mountain Road
Harrisburg PA 17112
akauffman@cdschools.org

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