Hayward USD | BP 4132 Personnel
Publication Or Creation Of Materials
The Governing Board recognizes the importance of creating a work environment that encourages employee innovation in creating and developing high-quality materials to improve student achievement and the efficiency of district operations.
(cf. 6162.6 - Use of Copyrighted Materials)
The Superintendent or designee shall oversee the development of instructional materials, computer programs, and other copyrightable materials by employees, independent contractors, and consultants. An employee, independent contractor, or consultant shall notify the Superintendent or designee of his/her intent to publish or register a work developed in whole or in part within the scope of his/her employment.
(cf. 3600 - Consultants)
Instructional materials, computer programs, and other copyrightable materials developed by an employee within the scope of his/her employment shall be the property of the district.
(cf. 1113 - District and School Web Sites)
(cf. 4040 - Employee Use of Technology)
(cf. 6161.11 - Supplementary Instructional Materials)
(cf. 6163.1 - Library Media Centers)
If an employee has developed copyrightable material during both work and non-working hours, and the work was within the scope of his/her employment, the Superintendent or designee shall negotiate a contract with the employee to protect the district's right as to the ownership or partial ownership of the copyright.
(cf. 3312 - Contracts)
The Superintendent or designee shall ensure that any contract with an independent contractor or consultant contains a provision specifying the district's right to ownership of the copyright of any work produced by the contractor or consultant for the district.
The Superintendent or designee may secure copyrights in the name of the district for all copyrightable works developed by the district. All royalties or revenues from these copyrights shall be used for the benefit of the district. (Education Code 35170)
32360 Copyrights; use of funds
32361 Copyrights; use of employee work time
35170 Authority to secure copyrights
35182 Marketing or licensing noneducational mainframe electronic data-processing software
60076 Royalties or other compensation
UNITED STATES CODE, TITLE 17
201 Copyright ownership and transfer
Community for Creative Non-Violence v. Reid, (1989) 490 U.S. 730
Copyright Clearance Center: http://www.copyright.com
Copyright Society of the USA: http://www.csusa.org
U.S. Copyright Office: http://www.copyright.gov
Policy HAYWARD UNIFIED SCHOOL DISTRICT
adopted: November 18, 1991 Hayward, California
revised: October 9, 2013