clip art and read alouds

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  • If I am making a flyer from Microsoft word and use the clip art, do I need to cite it?


    A fifth grade teacher wants to read books aloud to for the kinder students to have and listen to the tape. I think this is not allowed but wanted to check.
    What if the 5th grade teacher is recording part of a story throughout the year (each child reads on their own tape )to show fluency improvement?

    Thank you!
  • As to the clip art question, Microsoft says the following:
    Media Elements and Templates. You may have access to media images, clip art, animations, sounds, music, shapes, video clips, and templates associated with the service. If so, you may copy and use these images, clip art, animations, sounds, music, shapes, video clips, and templates identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to to learn whether that use is allowed.
    If you obtain media elements and templates from the Microsoft Office Online Web site, you may use them only if you have a valid license to a Microsoft Office suite or one of its programs or a Microsoft software product that includes Microsoft Clip Gallery or Microsoft Clip Organizer.
    So, if you own a valid copy of Word, then I don't believe you need to credit the source.
  • if I understand your question, here's what I think.

    If the books the teacher wants to read are protected by copyright, first check to see if an audio book for the title exists and purchase that. If not, I would go ahead and make the tape but restrict access to it only to the fifth grade class that needs to listen to the tape. You can do this by making the students listen to the tape at school (in a listening lab, for example) or you can put the tape on reserve in the library and only let the selected students check it out. In the meantime, especially if these are popular books, continue to check for an audio version in the market.

    You should also put a label on the tape with a message about copyright such as "this material may be protected by copyright. Further reproduction and distribution may be an infringement of the copyright law" or you could make it more directive - "do not make a copy of this tape. It is protected by copyright. It is for teaching purposes only."

    I'm basing my response on fair use (Section 107). The non-profit educational use you describe is favored as a fair use (although not always) but the other three conditions - nature, amount and effect on the market tend to work against a reading of fair use. Sometimes when a use is not fair, you can tailor it back some - by restricting access for example and make it more fair.

    The second part of your question - taping to show fluency improvement - sounds okay. The thing to remember is not making any created tape available to anyone who is not using it for teaching.

    Let me know if I did not get to the heart of your question.

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