ABCA-AP: Copyrighted Material & Intellectual Property

COPYRIGHT PROHIBITIONS

The district shall abide by the provisions of copyright law, including Fair Use Standards. Fair use allows people other than the copyright owner to use a limited portion or quantity of a copyrighted work. What is designated as appropriate fair use is determined on a case-by-case basis, but a user shall not claim ownership, shall not receive financial gains, and shall not affect the potential market value of the original work by using the copyright material in question.

The district prohibits illegal duplication in any form. Copyright materials, whether they are print or non-print; published online; or in the form of software, music, a digital medium, or a performance shall not be duplicated or performed unless such use is permitted under law or unless appropriate written permission from the copyright holder has been received and, if applicable, royalties paid.

COMPLIANCE

Each library should maintain copies of federal Fair Use guidelines and federal Fair Use Standards for off-air taping of copyrighted audio and audiovisual works. Legal counsel shall review any proposed usage beyond the guidelines.

The Superintendent or designee will issue memorandums regarding this policy and federal Fair Use Guidelines to employees as needed, post notices of copyright law and this policy in appropriate locations, install filtering software on district networks to prevent illegal downloading and file sharing, and notify students of this policy through the use of student handbooks.

INTELLECTUAL PROPERTY

Any copyrightable work produced by a district employee within the scope of their duties is considered “work made for hire.” The district owns all copyrightable rights to these items. Employees have no right to use such work outside the scope of their district duties without the School Board’s permission. “Work made for hire” must remain with the district upon separation.

The Board authorizes the Superintendent to sell “work made for hire” products to other school systems, organizations, or commercial firms in accordance with the district’s sale of school property policy.

VIOLATIONS

Administration shall investigate all complaints of alleged copyright violations.

Students and employees who willfully disregard the district’s copyright position are in violation of board policy and shall be subject to disciplinary consequences in accordance with applicable policies and law. In addition, employees who willfully disregard this policy do so at their own risk and assume all liability; the district’s legal and insurance protection will not be extended to employees who intentionally and unlawfully copy and use copyrighted materials. The district may also deem employees who willfully violate copyright laws to be acting outside the scope of employment.

Adopted: 11/20/18
Reviewed:
Revised: