6162.6
BP
Board Policy
Use Of Copyrighted Materials
All district staff shall adhere to the provisions of the federal copyright law and maintain the highest ethical standards in using copyrighted materials. The district shall provide no legal support to any employee who violates the copyright law. Willful infringement of this law by students or staff may result in disciplinary action.
The Board of Education recognizes that computer software piracy contributes to higher costs and decreases commercial incentives for the development of quality educational computer software. In circumstances where the interpretation of the copyright law is ambiguous, the district shall determine appropriate use of computer software by referring to the license agreement and/or policy statements contained in the software packages used in the district. Computer-related instruction for students and staff shall address the ethical and practical problems caused by software piracy.
The Superintendent or designee shall be the only individual who may sign license agreements for software for district schools. Each school using licensed software shall have a signed copy of the software agreement.
The Superintendent or designee shall maintain regulations to discourage violation of all copyright laws and prevent illegal copying activities.
Legal & Management References
State
Ed. Code 35182 - Marketing or licensing noneducational mainframe electronic data-processing software
Federal
17 USC 101-122 - Subject matter and scope of copyright
17 USC 102 - Definitions
17 USC 106 - Copyright protection
17 USC 107 - Fair use of copyrighted works
17 USC 110 - Limitations on exclusive rights: Exemption of certain performances and displays
17 USC 504 - Penalties for copyright infringement
Management Resources
Court Decision - Cambridge University Press et al. v. Becker et al. (N.D. Ga. 2012) 863 F.Supp.2d 1190
Court Decision - Campbell v. Acuff-Rose Music, Inc. (1994) 510 U.S. 569
Court Decision - Marcus v. Rowley (9th Cir., 1982) 695 F.2d 1171
National School Boards Association Publication - Copyright Law: Do Schools Need a License to Show a Movie?, School Law Review, July 2010
U.S. Copyright Office Publication - Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, rev. 2009
U.S. Copyright Office Publication - Circular 22: How to Investigate the Copyright Status of a Work, rev. 2013
U.S. Copyright Office Publication - Circular 23: The Copyright Card Catalog and the Online Files of the Copyright Office, rev. 2012
Website - CSBA District and County Office of Education Legal Services
Website - University of California, Copyright Education
Website - U.S. Copyright Office
Website - Copyright Society of the USA
Website - National School Boards Association
Cross References
0440 AR District Technology Plan
1113 AR District And School Websites
1114 AR District-Sponsored Social Media
1114-E PDF(1) AR District-Sponsored Social Media
3300 BP Expenditures And Purchases
3312 BP Contracts
3530 AR Risk Management/Insurance
4040 BP Employee Use Of Technology
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4131 AR Staff Development
4219.21 BP Professional Standards
4231 BP Staff Development
4319.21 BP Professional Standards
4331 BP Staff Development
5131.9 BP Academic Honesty
6142.6 BP Visual And Performing Arts Education
6142.94 BP History-Social Science Instruction
6161.11 BP Supplementary Instructional Materials
6163.1 BP Library Media Centers
6163.4 AR Student Use Of Technology
6163.4-E PDF(1) AR Student Use Of Technology