INTRODUCTION The Board of Education supports teachers in using the best medium available for delivery of instruction.

Videos may be used to supplement adopted curriculum materials. Videos can reach learners with a broad range of learning styles and skill levels. Teachers are expected to exercise sound judgment in the selection of videos, including ensuring that their content is in line with curriculum standards. This video policy describes acceptable use of videos in the classroom. The accompanying regulations clarify how the policy is to be carried out and the appendix contains required forms. VIDEO POLICY The following criteria must be met before using all videos, including educationally produced videos, commercial movies, and programs that have been recorded from television broadcasts. 1. Video Preview All videos or clips of videos to be shown must be previewed and evaluated for educational quality by the classroom teacher prior to instructional use. 2. Relevance to Curriculum All videos must be aligned to standards. 3. Meaningful Use of Instructional Time Teachers will use professional judgment to carefully weigh the appropriate use of instructional time required for showing videos in part or whole. 4. Grade Level (Age) Appropriateness The Motion Picture Association of America (MPAA) rating system and TV Parental Guidelines should be used when determining grade appropriateness. See the appendix for an explanation of these rating systems. While these ratings serve as guidelines, the classroom teacher must use professional judgment as to whether the video is age appropriate for the students in the class. 5. Video Approval A minimum of two members of the school library media committee must review and approve videos that are not a part of the school library media collection before they may be used in the classroom. Teachers should anticipate that the media committee may require them to obtain parental permission before showing videos the committee deems questionable. It is highly recommended that teachers provide parents with a list of the videos they intend to show during the school year. 6. Viewing Videos If a video is deemed unsuitable by parents or guardians, or a Parental

Permission for Video Viewing form has not been turned in, the teacher will assign an appropriate, relevant, and comparable activity that addresses the same curriculum objectives as the video. Reasonable precautions will be taken to ensure that the student is not ridiculed or ostracized. 7. Copyright Law Teachers will comply with Federal Copyright Law when using videos in the classroom. Videos must be used in face-to-face instruction and for educational purposes only. Using videos for entertainment or reward is a copyright violation unless performance rights have been purchased or secured from the producer of the video. 8. Best Practices The teacher is the key to effective use of video in the classroom. The teacher will use best practices when using video in the classroom. 9. Use of Forms The teacher will use the Video Usage, Request for Consideration for Approval of Media, and Parental Permission for Video Viewing forms in this handbook when requesting approval of media or when obtaining parental permission for a student to view a video. VIDEO USAGE REGULATIONS These regulations are part of the policy and, as such, should be followed when appropriate. Each regulation is numbered with the same number as the corresponding policy item. 1. Video Preview Classroom teachers will preview an entire video if the whole video will be shown to a class. If clips will be shown, the teacher will preview the clips. 2. Relevance to Curriculum Relevant standards will be included on both the Request for Consideration for Approval of Media, and the Parental Permission for Video Viewing Form when used. 3. Meaningful Use of Instructional Time If objectives can be met without showing an entire video, then only the relevant section(s) should be shown. In this case, teachers should ensure that only the intended video clip is viewed. At their discretion, school principals may employ a means of monitoring video usage by requiring teachers to complete a Video Usage Form for video usage exceeding a designated amount of time. 4. Grade Level (Age) Appropriateness The ratings and grade levels included in this policy must be considered when

using commercially produced videos or clips of videos in the classroom, whether these videos are owned by the school, rented from a video rental store, or obtained from another source. 5. Video Approval Teachers must submit the video or clip to be evaluated and a Request for Consideration for Approval of Media form to a media specialist two weeks prior to the date of intended use. The media committee will respond in writing within one week. For videos requiring parental approval, teachers will use the Parental Permission for Video Viewing Form. Parental permission forms must be distributed a minimum of one week prior to the intended date of use and collected prior to showing the video. After the signed forms are returned to the teacher, he/she may show the video only to those students whose parents have given their permission. The teacher will keep the signed parental permission forms on file until the end of the school year. Whenever possible, course syllabi that are distributed at Open House should include information from teachers planning to use videos and/or clips of videos for their courses. The information should include the titles, subject of the movies, clip to be shown, the rating, if applicable, and the course objectives to be met. 6. Viewing Videos If a video is deemed unsuitable by parents or guardians, or a Parental Permission for Video Viewing form has not been turned in, the student will be given a comparable assignment that covers the same course objectives as the movie being shown. 7. Copyright Law Anyone intending to show videos or clips of videos must read and follow the copyright information. If further questions occur, teachers should ask for guidance from their media specialists. Media specialists are responsible for reviewing copyright information with their staffs. 8. Best Practices Sound instructional practices are necessary for successful use of videos in the classroom. These practices include: presenting background information to emphasize the content and purpose of viewing using viewing guides viewing video in a lighted setting; viewing in a darkened room invites dozing and inattention stopping and starting the video for emphasis and analysis using clips of videos to emphasize certain concepts utilizing follow-up activities and discussion to summarize the concepts learned 9. Use of Forms

Video Usage, Request for Consideration for Approval of Media, and Parental Permission for Video Viewing forms may be obtained from a media specialist. Forms will be filled out completely and accurately and submitted following the timetable established in this policy. DISCOVERY EDUCATION STREAMING Georgia Public Broadcasting provides each school access to Discovery Education Streaming, a resource that provides more than 10,000 full-length videos divided into nearly 75,000 content-specific video segments which are correlated to state standards. Teachers are encouraged to look for videos at Discovery Education before seeking other sources. Terms of usage may be found at http://www.discoveryeducation.com/aboutus/terms-of-use/streaming.cfm. Teachers should download and save video rather than stream video due to bandwidth limitations at school. Discovery Education videos are divided into chapters or segments so educators can show the parts that best relate to their teaching objective or lesson. Discovery Education Streaming User Guide is available at http://help.discoveryeducation.com//assets/support/DES_UserGuide1.pdf. Creating user accounts using teacher passcodes New users can create user accounts using their school's teacher passcode. Each teacher passcode is a random eight-character alphanumeric code (example: A123-B123). Passcodes are unique and specific to each individual school/building within your school district. Passcodes may be obtained from your media specialist. Once you have your school's passcode, go to www.discoveryeducation.com and click on the Passcode/New User tab. Enter your school's eight-digit passcode in the provided boxes, and click on Login.

You will be required to enter your information in order to create a user account. COPYRIGHT INFORMATION PERTAINING TO VIDEO USAGE AND

RECORDING Copyright Law: The law, Title 17, United States Code, Public Law 94-553, 90 Stat. 2541 covers all forms of expression that are put down in some type of concrete form. Videos fall into this category. The U.S. copyright law confers five rights on the creator of a copyrighted work: Reproduction (making copies) Adaptation or creation of derivative works Distribution of copies by sale, gift, rental, lease, or lending *Public performance of the work Public display *NOTE: Showing videos to a group of children constitutes a public performance and is typically illegal. However, the following fair use guidelines give latitude to teachers within the parameters explained below. Fair Use Guidelines: A special set of exceptions to the federal copyright law was developed by Congress for schools. While these fair use guidelines are not law, they have been interpreted to be Congresss intent in the law. They grant schools conditional rights to use or reproduce certain copyrighted materials as long as the reproduction or use meets defined guidelines. The fair use guidelines governing use of videos in the classroom allow for public performance (i.e. showing a video to a group of students) as long as the following four requirements are met. 1. The performance must be presented by teachers or students 2. The performance must occur in the course of face-to-face teaching activities 3. The performance must take place in a classroom or similar place for instruction (including the library) 4. The performance must be of a legally acquired (or legally copied) copy of the work. In other words, teachers may indeed use videos, including commercially produced movies, if all four of these conditions are met. Off-Air Recording: From time to time, programs are aired on TV that have educational value. Teachers or librarians may wish to make videotapes of these programs. The primary consideration in determining whether this is permissible under the copyright law is who taped this and when? (Simpson, 1994, p.4.14) Programs may be freely taped from regular VHF and UHF channels. Cable channels such as the Disney Channel, Nickelodeon, Discovery, etc., do not grant fair use rights. Decisions to tape from these channels must be made on

the basis of rights granted by the copyright holder. Often these channels will offer educators guides that enumerate these rights for each program aired. Satellite programs have the same restrictions as cable broadcasts. These programs may not be taped for school use without specific permission of the copyright holder. Programs or live broadcasts may be taped at school or at home. Copies of videos taped from broadcasts must include all copyright information. The same teacher may not tape the same program multiple times, no matter how many times the program is rebroadcast. Should a teacher desire to show a program multiple times, public performance rights must be obtained. Copies of videos taped from broadcasts may only be retained for 45 consecutive days. Students may only view the program during the first 10 school days, once for instruction, once for reinforcement. During the remaining 35 days, the program may be used only for evaluation of the program by teachers. If one program is appropriate for use with more than one class at a time, the school may make copies of the video, one for each classroom that would need to view the program at the same time. The same time restrictions apply.

Examples of Acceptable Performances: A teacher shows a library-owned video to his sixth grade science class to demonstrate the effects of water pollution as part of a lesson on ecology. This use is protected under fair use because it meets all the following criteria. -presented by an instructor -in face-to-face teaching -in a classroom -with a legally owned copy of the videotape An English teachers classes have been studying Romeo and Juliet. To conclude the unit, the teacher shows the Franco Zefferelli version of the movie Romeo and Juliet that was rented from a local video store. This use is also protected under the fair use guidelines. All four requirements of fair use exist. -The teacher is showing the program, -It is an integral part of the lesson, -The performance is taking place in the classroom, and -The copy has been legally acquired by the teacher. (Note: the means of acquisition can include purchase of a video or

rental from a licensed vendor as well as videos owned by individual teachers or students families as long as the copies were legally acquired.) The history teacher asks the school librarian to make a videotaped copy of a documentary on the Civil Rights Movement that will be airing on a regular (VHF or UHF) channel at night. The teacher shows it to his class the following day, views it himself 10 days later to develop an exam, then erases the tape. This follows the fair use guidelines because it is: -taped from a regular, i.e. non-cable channel, -is shown within 10 days, -is only used for evaluation by the teacher within the remaining 35 days, and - is erased within the 45-day time limit.

Examples of Unacceptable Performances: The schools parent organization shows a library-owned copy of the Little Mermaid to the children of members in a classroom while their parents who are officers of the group have a meeting in the library. The copy is legally acquired, the performance takes place in a classroom, and the performance may be presented by a teacher or pupil, but this performance is not a part of face-to-face teaching activities. This would be considered entertainment or reward, and as such is not permitted without being given public performance rights from the producer of the video. This example would require payment of royalties for the performance. The same prohibition would apply to movies or recordings used to reward classes for good grades, commendable behavior, or perfect attendance. On the last day of the semester, the American history teacher decides to show a rented copy of the movie Platoon so he can calculate grades while the students are occupied. The class is not currently studying the portion of the curriculum that deals with the Vietnam War. This use is not acceptable because the face-to-face teaching requirement is not met. While a weak case can be made for the fact that the topic will eventually be covered, this topic is not under the current lesson plan. Public performance rights would be recommended in this case. The high school AP English teacher rewards her class for making good grades on the semester exam by showing a copy of the movie Hamlet that is owned by the library. Hamlet was studied several months ago, and the Shakespeare unit was completed. This use is not acceptable because face-to-face teaching is not

occurring. A fifth grade teacher tapes a program from a regular, non-cable channel in December. He shows the program to his class in May for an end-of-the-year reward. This is a violation of the fair use guidelines because: it is not being used for a face-to-face teaching activity nor does it fall within the 45 day time limit prescribed for off-air taping. The Arts and Entertainment cable channel broadcasts a biography of Martin Luther King, Jr. An American history teacher tapes the program and plant to show it to her class the next day, after which time she will erase the tape.

Since the Arts and Entertainment channel is a cable channel, no fair use rights are provided. Therefore, showing this program to a class in school would be a copyright violation. The key to using videos/movies in a school setting lies in meeting all four tests of acceptable use. Some videos or movies can be purchased with public performance rights included in the purchase price or by paying a fee for these rights. A file of these rights should be maintained by the librarian, and these videos/movies should be housed in the library for check out as needed by teachers. When public performance rights are granted it would be legal for videos and movies to be used as rewards or in other, nonteaching situations. Otherwise, the four requirements previously stated must be met. (Simpson, 1994, pp. 4.1-4.5) Also it must be remembered that there are restrictions on how an off-air recording can be made (from regular broadcast channels unless permission is obtained), used (only shown once to a class and used for face-to-face teaching), and retained (only kept for a total of 45 days and then erased). Penalties and Liability for Violation of Copyright: Damages assessed for violation of copyright law can be actual or statutory. In the case of a school, damages are more likely to be statutory, with fines ranging from $250 to $10,000 per infringement. Legal fees and court costs can escalate costs. If someone in the district violates copyright governing use of videos or other material, that person is not held solely accountable. In most cases, the classroom teacher or librarian is only the beginning of those held liable. Many suits go up the chain of command, from librarian and teacher, to principal, to curriculum director, to superintendent to the board of education. Thus, the impact is real and severe for all of those involved. This would be, after all, a violation of federal law. Public Performance Rights Schools may wish to obtain licensing in order to use "home use only" video recordings for public performance when they want to show video recordings in any situation outside of the definition of "home-use-only" or, in the case of

schools, outside of the definition of the "face-to-face teaching exemption." For example, a school would need public performance rights for a video recording to be shown for entertainment in place of recess on a rainy day, or for afterschool programs, or as a reward. There are a couple of ways to obtain public performance rights.

Contact the copyright holder directly, or the distributor, if the distributor has the authority from the copyright owner to grant licenses, to purchase public performance rights or to request permission for a particular public performance use. In the case of feature films, contact the licensing service representing the particular studio or title. An example of this type of licensing service is Movie Licensing, USA. Services vary in the types of licensing offered and the scope of materials.

MOTION PICTURE ASSOCIATION OF AMERICA RATINGS

Rating G Definition General audiences all ages admitted Parental guidance suggested; some PG material my not be suitable for children Parents strongly cautioned; some PG-13 material may be inappropriate for children under 13 Restricted under 17 requires R accompanying parent or adult guardian NC-17 No one under the age of 17 No one admitted under the age of X TV PARENTAL GUIDELINES Definition TV Y programs are specifically produced for children ages 2-6. TV G programs, while not specifically designed for children, are generally appropriate for all ages. Programs are designed for children 7 and above. Programs are directed to older children and contain fantasy violence that may be more intense or combative than that included in TV Y7 programs. Programs contain material that parents may find unsuitable for younger children such as moderate violence, some sexual situations, infrequent coarse language, and suggestive dialogue. Programs contain some material that parents would find unsuitable for children under 14 years of age such as intense violence, intense sexual situations, strong coarse language, or intensely suggestive dialogue. Programs are specifically designed to be viewed by adults and therefore may be unsuitable for children.

Rating TV Y AND TV G

TV Y7

TV Y7-FV

TV PG

TV 14

TV MA

BIBLIOGRAPHY Video Policy and Procedures Handbook, Grand Junction, CO: Mesa County Valley School District #51, 2005. Creating User Accounts Using Teacher Passcodes (2010). Retrieved March 3, 2010 from Discovery Education website, http://help.discoveryeducation.com/support/index.cfm? event=showAsset&guidAssetId=d8a4e5ae-1cc4-4143-6af8-7f31a4984a91/. TV Parental Guidelines, Television Rating Information, The History Channel: http://www.historychannel.com/ncta/, 2005. Parents Guide to Movie Ratings http://www.parentstv.org/PTC/parentsguide/movieratings.html, 2005. Simpson, Carol Mann. Copyright for Schools: A Practical Guide, Fourth Edition. Worthington OH: Linworth Publishing, 2005. Simpson, Carol Mann. Copyright for Schools: A Practical Guide, Third Edition. Worthington, OH: Linworth Publishing, 1994.