The Board of Trustees recognizes the importance of ensuring that the district complies with federal law regarding copyrights. District staff and students are expected to maintain the highest ethical standards in using copyrighted materials.
When selecting appropriate supplementary instructional materials, it is each staff member's responsibility to adhere to the provisions of federal copyright law, Board Policy, and administrative regulation. The district shall not be responsible for any violation of copyright laws by its staff or students. If a staff member is uncertain as to whether reproducing or using copyrighted material complies with the law, he/she shall contact the Superintendent or designee for clarification and assistance. At no time shall it be necessary for a district employee to violate copyright laws in order to perform his/her duties.
The Superintendent or designee shall ensure that the district observes all publisher licensing agreements between vendors and the district, including monitoring the number of users permitted by an agreement. Unless the applicable licensing agreement authorizes multiple users of a single program, the district shall not make multiple copies of a computer program or software. Staff members shall take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment.
The Superintendent or designee shall ensure that staff and students receive information and training about copyright laws and the penalties for violating such laws.
Legal Reference:
EDUCATION CODE
35182 Computer software
UNITED STATES CODE, TITLE 17
101-122 Subject matter and scope of copyright, especially:
102 Definitions
106 Copyright protection
107 Fair use of copyrighted works
110 Limitations on exclusive rights: Exemption of certain performances and displays
504 Penalties for copyright infringement
COURT DECISIONS
Cambridge University Press et al. v. Becker et al. (N.D. Ga. 2012) 863 F.Supp.2d 1190
Campbell v. Acuff-Rose Music, Inc., (1994) 510 U.S. 569
Marcus v. Rowley, (9th Cir., 1982) 695 F.2d 1171
Management Resources:
NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Copyright Law: Do Schools Need a License to Show a Movie?, School Law Review, July 2010
U.S. COPYRIGHT OFFICE PUBLICATIONS
Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, rev. 2009
Circular 22: How to Investigate the Copyright Status of a Work, rev. 2013
Circular 23: The Copyright Card Catalog and the Online Files of the Copyright Office, rev. 2012
WEB SITES
Copyright Society of the USA: http://www.csusa.org
National School Boards Association: http://www.nsba.org
University of California, Copyright Education: http://copyright.universityofcalifornia.edu/usingcopyrightedworks.html
U.S. Copyright Office: http://www.copyright.gov
Policy VISTA UNIFIED SCHOOL DISTRICT
adopted: June 23, 2011 Vista, California