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Hello Sarah: This is, in no way, an infringement of copyright. This is a fair use. Just because the Authors Guild says that it has the right to all reading aloud, does not make it so. If the use is restricted to the classroom, the teachers can move forward with this assignment. The pertinent section of the law here is Section 107. It's really important that librarians and educators (and librarians who are educators) understand the four factors of fair use. -Carrie Russell ALA Washington Office Date: Wed, 18 Mar 2009 08:09:03 -0400 From: SARAH ROYAL <sroyal@NHCS.K12.NC.US> Subject: Fwd: Re: Copyright Question >>> SARAH ROYAL 03/18/09 8:03 AM >>> I'm hearing yes and no. Below, are the 2 responses I've received. In addition, I've looked at copyright websites that say no. One person wrote that the Author's Guild is so tight, that (sarcastically speaking), if you wanted to get real picky, then it could even be a violation to read a book aloud to you kid. What he's saying is that the rules are getting so ridiculous. I think technology is advancing faster than the copyright law can update. Users are finding themselves in that "gray" area, especially librarians when they're torn between the instructional benefits of new media and technology and having to enforce the Copyright Law at the same time. I'm going to examine again the Federal Government's Copyright Law website, but what I've decided I think is to have the students write their own stories or book reviews and record those. The teachers are so excited though. We are doing NC READS which focuses on reading fluency. Recording students reading a book so they can hear and assess their own reading is very beneficial. I already have one teacher who wants to record her students tomorrow reading a fairy tale. We'll see what happens. Sorry, for the long windedness but here are the two responses below. Thanks, for your interest. "The ultimate concern with copyright is that no copying is being done to preclude purchasing materials. This use is technically not legal but because it is educational, we created these guidelines that are used at other schools. 1. The school must own at least one copy of the book. 2. The recording is used to evaluate the learning of a student or used as a teaching tool (older students reading to younger kids.) 3. No portion of the recording is posted on a website, distributed, or used in any way outside of the school. An exception to that would be using it at a tech fair or some other situation that shows how students learn. 4. In most cases, recordings should be given to the student at the end of the year. They should not be stored or reused at the school. Following these rules means that no one will acquire an illegal copy and no sales of commercial recordings will be precluded. It also prevents a copy of a kid's reading from becoming a permanent part of the school's instructional materials. Copies belong with parents, who will enjoy having the memory." "Sarah, This is a little tricky. I think you would need student permission forms from parents to record. But, if they are recording published work, I think it would break copyright law. By giving copies to teachers to use in classrooms, the publisher loses revenue from selling audio versions of a book. I found this on the Internet that might help: "Audio or video in one format may not be copied onto another format without permision from the copyright holder. This would include, but not be limited to, copying a video to DVD, taping or filming a book reading, transferring content from a phonograph record to an audiotape or CD-ROM and editing or altering content." I've always wanted to record myself reading books for substitutes to use or for the North Carolina Children's Book Award but have been afraid to do it. I think some librarians do it anyway." Hope this helps. :) Sarah Royal, Media Coordinator Pine Valley Elementary School 440 John S. Mosby Drive Wilmington, NC 28412 Phone (910) 350-2121 x234 Fax (910) 350-2116 All e-mail correspondence to and from this address is subject to the North Carolina Public Records Law, which may result in monitoring and disclosure to third parties, including law enforcement. Sarah Royal, Media Coordinator Pine Valley Elementary School 440 John S. Mosby Drive Wilmington, NC 28412 Phone (910) 350-2121 x234 Fax (910) 350-2116 All e-mail correspondence to and from this address is subject to the North Carolina Public Records Law, which may result in monitoring and disclosure to third parties, including law enforcement. >>> Linda Martin <lindamartin423@gmail.com> 03/17/09 9:46 PM >>> Did you get an answer? On Tue, Mar 17, 2009 at 12:24 PM, SARAH ROYAL <sroyal@nhcs.k12.nc.us> wrote: > Is it a Copyright violation for school librarians to record students > reading books for use at school only as a literacy project? > > Sarah Royal, Media Coordinator > Pine Valley Elementary School > 440 John S. Mosby Drive > Wilmington, NC 28412 > Phone (910) 350-2121 x234 > Fax (910) 350-2116 > > All e-mail correspondence to and from this address is subject to the > North Carolina Public Records Law, which may result in monitoring and > disclosure to third parties, including law enforcement. > > -------------------------------------------------------------------- > Please note: All LM_NET postings are protected by copyright law. > You can prevent most e-mail filters from deleting LM_NET postings > by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book. > To change your LM_NET status, you send a message to: > listserv@listserv.syr.edu > In the message write EITHER: > 1) SIGNOFF LM_NET > 2) SET LM_NET NOMAIL > 3) SET LM_NET MAIL > 4) SET LM_NET DIGEST > > * LM_NET Help & Information: http://lmnet.wordpress.com/ > * LM_NET Archive: http://www.eduref.org/lm_net/archive/ > * EL-Announce with LM_NET Select: http://lm-net.info/join.html > * LM_NET Supporters: > http://lmnet.wordpress.com/category/links/el-announce/ > > -------------------------------------------------------------------- > -- Linda Martin Teacher Librarian and Storyteller 2007 Georgia Library Media Specialist of the Year Gainesville, GA lindamartin423@gmail.com www.lindamartin.us -------------------------------------------------------------------- Please note: All LM_NET postings are protected by copyright law. 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