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Recently Asked Questions (RAQs)

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Art Show+! Copyright Considerations of Display and Use of Minor Student Work

We are reviewing our copyright policies and procedures at our BOCES. We are specifically reviewing student work. We understand, recognize, and respect that students hold the copyright to works they create. Our student community includes, but is not limited to, students with exceptional learning needs, behavior concerns, and our Career and Technical Education High School. Sample items of student work may include, but not limited to, writing pieces, artwork, metal working projects, carpentry projects, cake decorating, and hair design. We often use student works to decorate the hallway/classroom, highlight best practices, promotional materials, social media postings, BOCES and Component District publications, general communication home, curriculum writing, plus many other examples.

We want to ensure we are legally and ethically using the student work correctly.

  • Are we allowed to use the student work unless the parent/guardian submits an opt out request? The opt out request would be included in a parent packet sent home. This would be similar to our use of student images policy.
  • If a parent/guardian permission form is required, is there a distinction between displaying student work in the hall/class versus district publications versus social media?

As always, THANK YOU for all the work and dedication you do on behalf of libraries and schools! It is appreciated.

Transferring Copyright After Creator's Death

Many libraries/archives hold unpublished materials whose creators are deceased, but are still protected by copyright since copyright lasts 70 years after death.

If a library/archives lacks a deed of gift (or if the deed of gift doesn’t explicitly transfer copyright), can an heir transfer copyright or otherwise provide permission for the library to publish/digitize/etc? In NY, are copyrights automatically transferred to heirs when someone dies? What if there is no will?

Contracts for Library Podcasts

The library's podcast (Your Friendly Neighborhood Librarians), hosted by two librarians here, recently started interviewing guests from outside the organization. We are concerned about a few things: what the ramifications are if a guest does not like the way their interview was edited and whether the library owns the rights to the interview and recording. We only edit for clarity and length, and haven't done anything in regards to copyright. Additionally, any advice on whether we should be using some sort of contract or agreement with guests would be helpful. We don't have any sort of agreement in place at present, and are mostly interviewing people who are somewhat library-related. Thank you for your help!

School Libraries Template for Copiers

We were asked about signage to post over the copier at a schools where educational materials are copied. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

Lawfulness of digitizing VHS commercial movies to DVD

We recently purchased equipment that is capable of converting VHS tapes to DVDs that will be used by staff and patrons. We were initially thinking of it being used for home movies, and such, but then a staff member raised the question about the legality of converting commercial (movies, TV shows) VHS tapes to DVDs. Are there copyrighting issues involved? If it's not legal to convert them, what language can we use in our literature to make sure they are aware that it is not allowed, and any penalty that they may incur if they do? (We won't be watching them when they use the equipment.)

Thank you very much for your response!