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Stanislaus COE |  BP  4232, 4132,4332  Personnel

Publication Or Creation Of Materials   

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The Stanislaus County Office of Education recognizes that County Office employees may create copyrightable materials at work, at home, or both at work and at home. The development of copyrightable materials during, or in part during, the work day shall be approved by the Stanislaus County Superintendent of Schools or designee. However, the County Superintendent or designee's approval or lack of approval shall not affect the County Office's ownership of copyrights for materials developed during work hours.

Materials written or developed by an employee during the normal school day are considered County Office property. (Education Code 60076, 17 USC 201)

Materials developed during both school and leisure hours are owned jointly by the employee and the County Office. In such cases, the County Superintendent or designee shall ensure that a contractual agreement is made, clarifying the joint ownership. A partnership entity may be created to hold the copyright on behalf of both parties.

All royalties or revenues from these copyrights shall be used for the benefit of the County Office. (Education Code 35170)

The County Office may market or license any noneducational mainframe electronic software developed by the County Office. Proceeds from this marketing or licensing shall be used exclusively for educational purposes. (Education Code 35182)

Legal Reference:

EDUCATION CODE

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

LABOR CODE

2870-2872 Inventions made by an employee

UNITED STATES CODE, TITLE 17

101-122 Subject matter and scope of copyright

201 Copyright ownership and transfer

COURT DECISIONS

Community for Creative Non-Violence v. Reid, (1989) 490 U.S. 730

Management Resources:

WEB SITES

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 STANISLAUS COUNTY OFFICE OF EDUCATION

adopted: February 4, 2003 Modesto, California

reviewed: April 27, 2009