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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.

Fan fiction programs at public libraries

I wanted to host a fanfiction writing contest for my teen department, as we have a lot of teens who enjoy writing fanfiction about their favorite characters and fandom. However, I know fanfiction is always a little tricky.

The idea was to set rules and guidelines, such as:

“Respect for Source Material: If using established characters or settings, submissions should honor the original creator’s vision, themes, and tone.

Originality: Plagiarism will result in disqualification. All work must be the author’s own, with clear inspiration rather than direct copying from the source material.”

The prize would be a gift card that was sponsored, not purchased. We wanted to publish these works on a small, local scale—hosted on our blog or website. However, I am starting to think that using public-domain characters and literary works may be the safest option, especially considering they are minors. A secondary question about publishing in general: if they are minors, is parental consent required?

Showing movies in a school: 2025 update!

[In 2019, we got some questions about Swank movie licenses, streaming services, and schools, and posted the answer here: /raq/showing-movies-school. It’s now 2025, and with new content in the Swank licenses, we got this follow-up question from a librarian working with a school district…]

This is an excellent response[1] and I shared it with the district I’m having conversations with. However, the SWANK Movie License now states “the license enables use of any legal formats licensed for home use only.” Can they legally put that on their movie license?


[1] Thank you.

Viewing Physical Media of Live Performances

I recently purchased a copy of a DVD at the request of a professor. I believe that the professor intends to show this film in class. The DVD is relevant to course materials. 

I opened up the case to catalog it, and inside the front cover was an insert ... asserting that a public performance rights license must be purchased to be able to show the DVD even in a classroom setting.

I purchased the DVD believing that the professor's showing would fall under Fair Use, as it would be limited to a specific and relevant educational course, shown only to students registered for that course, in a face-to-face classroom setting, using a legally purchased copy. However, my doubts are creeping in because the wording of the insert makes me wonder if this DVD was legally purchased.

If the producer intended for it to be sold only for home/individual use and expressly prohibits any type of group viewing as part of the sale, is my purchase with intent to use the DVD in a classroom setting illegal? Does this insert override or prohibit what would otherwise be Fair Use?

Thank you for your insight and expertise!

Re-leveling Books Using AI

[This question comes from a regional BOCES.]

Our technology integration specialist suggested that we use an AI tool to re-level books/text by an original author to a more appropriate reading level for students who are struggling. This is now being used regularly with our special education staff for students who are struggling readers. Is this an infringement of copyright?