Recently Asked Questions (RAQs)

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.

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!

If a teacher teaches a novel in school, can they show the DVD of the movie under fair use?

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!

I am struggling to find information on using popular music in public K-12 schools. I have the following areas I am trying to find information about:
1. Can a teacher use a Spotify account in their classroom?
2. Can a teacher use music with face-to-face instruction?
3. Can a service provider (counselor, therapist, social worker...) use music with students?
4. Can music be played during sporting events
5. Can music be used as part of the morning announcements

Thank you!