The Board of Education acknowledges that copyright law provides authors with the exclusive right to reproduce their materials in copies, to prepare derivative works from their materials, to distribute copies of their materials, and to perform and distribute the materials publicly.
Infringement on copyrighted material, whether prose, poetry, graphic images, music, video or computer code, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike. It is each staff member’s responsibility to comply with the district’s copyright procedures. The district is not responsible for violations of the copyright laws by its staff or students.
Use of Copyrighted Materials
Pursuant to Section 107 of the Copyright Law (“Fair Use” provisions), the use of copyrighted material for criticism, comment, news reporting, teaching, scholarship, or research may be permitted under certain circumstances.
However, any appropriation of someone else’s work on the Internet is a potential copyright infringement. “Fair Use” provisions may not apply when a project created by a teacher or student is accessed by others over the Internet. If there is a possibility that school-affiliated Web Page(s), which incorporate copyrighted works under the “Fair Use” provisions, could later result in broader dissemination, it will be necessary to seek the permission of the copyright holder.
In order to determine if the use of copyrighted material is permitted under the fair use doctrine, the following factors must be weighed:
1. The purpose and character of the use (i.e., is it for instructional purposes?);
2. The nature of the copyrighted work (i.e. is it a newspaper article or photograph?);
3. The amount and substantiality of the portion used in relation to the work as a whole (i.e., is it a short excerpt?)
4. The effect of the use upon the potential market for or value of the copyrighted work (i.e. by reproducing it, does it impact the ability of the author/owner to sell it?)
Staff members should consult with the Assistant Superintendent for Curriculum & Instruction when they have a question as to the use of copyrighted material or if they need assistance in obtaining proper authorization for the use of material.
Such rules shall also apply to the display or streaming of video content from streaming services or platforms. Staff members should follow all internal procedures developed for showing videos in class.
Materials Created by District Employees or Others
The district is the holder of the copyright for works made for hire (e.g., materials prepared by an employee within the scope of his/her employment, including instructional texts, tests, answer sheets, etc.). The district shall be considered the author and owner of the copyright unless there is a separate written agreement with the employee that specifies a different arrangement.
When work is specifically commissioned, and the author is not an employee of the district, there shall be a written agreement specifying authorship and copyright arrangements.
Ref: 17 U.S.C. §§101; 106; 107; 117; 201; 302
Encyclopedia Britannica Educational Corporation v. Crooks, 542 F. Supp. 1155 (W.D.N.Y. 1982), 558 F. Supp. 1247 (1983)
Basic Books, Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (SDNY 1991)
H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. (1976)
U.S. Const., Art. I, §8, Cl. 8
Adoption date: May 27, 1997
Reviewed: August 28, 2017
Revised: July 1, 2024