Instruction

Reproduction of Copyrighted Materials                                            739

In compliance with the Copyright Act of 1976, including “Reproduction of Copyrighted Works by Educators and Librarians,” copyrighted materials shall not be duplicated by school division employees or on division equipment whether print or non-print, in violation of the exclusive rights of the holders of the copyright on such materials. This includes, but is not limited to, software, electronic materials, CDs/DVDs, and other non-print materials. The Superintendent shall designate a person responsible for disseminating copyright procedures to school division employees.

Copyrighted materials may be duplicated with the prior written permission of the copyright holder. Teachers shall get permission to use materials of the copyright owner whenever possible and feasible, unless the use of materials falls within a "fair use" as defined by law. Permission to duplicate copyright materials shall be placed on file in the finance office of the school division.

Federal law does provide limited exemptions under “fair use” which permit the reproduction and use of some copyrighted materials in some circumstances by educators. Teachers shall have access to resources which detail the specific “fair use” guidelines for the use of copyrighted material. The school division assumes no liability for infringement of copyright by individual employees.

Each staff member and student is responsible for complying with copyright law. Any staff member or student who is uncertain as to whether the reproduction or use of copyrighted materials complies with division procedures should contact the school librarians for assistance. The school division assumes no liability for infringement of copyright by individual employees.

It will never be necessary for a staff member to violate copyright laws in order to properly perform his or her duties nor will it be necessary for a student to violate copyright laws in order to complete any assigned work. For staff members, violation of copyright laws or division requirements may result in discipline up to and including termination of employment. For students, violation of copyright laws or division requirements may result in discipline up to and including suspension or expulsion. 
 

Legal References:

• The Copyright Act, 17 U.S.C. Section 101 et seq.; 18 U.S.C. Section 2319
• “Reproduction of Copyrighted Works by Educators and Librarians”

Cross Reference:

• Policy #321 - Reproduction of Copyrighted Materials