Copyright

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.

Thank you for your kind words. We’re going to address this question in three chunks:

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:

The member posing the question is 100% right: the copyright considerations of fanfiction are “tricky.”

[In 2019, we got some questions about Swank movie licenses, streaming services, and schools, and posted the answer here: https://wnylrc.org/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…]

To answer this question in 2025, we requested a copy of the updated/new license, because just like cheese, slab-on-grade floors, and skin care regimens, contracts change over time.

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. 

Before we jump into things, let me first offer this unambiguous assurance: Doubts, begone! The use you contemplated is allowed by law.

Okay, with that out of the way, let's break it down.

Many libraries/archives hold unpublished materials whose creators are deceased, but are still protected by copyright since copyright lasts 70 years after death.

Many libraries do indeed have materials[1] that are unpublished, one-of-a kind, original works, such as photographs, letters, drawings, and recordings. 

Some of these works may have significant financial value, while some may be more valuable in terms of local history and culture.

[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?

In the spirit of learning, I am going to answer this question in a multiple-choice quiz.  For purposes of the quiz, we’ll use the member’s term “re-level” for generating simplified versions of curricular materials.

[NOTE: If you are not feeling playful and just need the answer, please read footnote #2 and skip to the “Final Paragraphs” section of this response.]

The library has been discussing new ways to handle our discards. A senior staff member of a very significant local library told us recently that they donate their discards to the Internet Archive.

Because it would muddy the core element of this question (Should we have any concerns with donating our discards to [Internet Archive]?), this answer is not going to address the various legal and regulatory requirements different libraries may have when it comes to disposing of discarded books.[1]

[We got a question from an academic library...]

I have a question about using copyrighted materials in my classes.

The question is: what legal ways can I share these lectures with students?

The answers are:

1.  List the video series in the syllabus as a course material to acquire (I know...."BOOO").

We have received several questions about setting graduation ceremonies to music and streaming them or recording them and sharing them with students. What are the laws surrounding this? There seems to be a lot of misinformation out there. Below is a question I received:

The need to migrate ceremonies online has created a tsunami of copyright concerns.  What is a ceremony without the right music?  But this question pertains specifically to high school graduations for public schools, so we’ll confine it to those institutions.

We at [redacted higher ed institution] are considering digitizing our past yearbooks and storing them in an institutional repository which has the option of materials being password protected or available publicly. We are also considering using these photos in future advertising materials.

We have had a lot of questions about yearbooks over the years of Ask the Lawyer.[1]  We'll answer this submission with the understanding that for those who want further and deeper information, there's more to read in the "ATL" vault.