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Viewing Policy: BP 6130 – Use of Copyrighted Materials



BP 6130

Instruction

Use of Copyrighted Materials

The San Benito County Board of Education (County Board) recognizes that Alternative Education staff and students may use a variety of copyrighted materials in the educational program and other Alternative Education operations. When such materials have not been purchased by the San Benito County Office of Education (SBCOE) for the intended use, the County Board expects staff and students to respect the protections afforded by federal law to the copyright owners of those materials and respect any limitations by the copyright holder to the license of such materials.

 

(cf. 1113 – County Web Sites)

(cf. 1114 – County-Sponsored Social Media)

(cf. 6141 – Curriculum Development and Evaluation)

(cf. 6161.1 – Selection and Evaluation of Instructional Materials)

(cf. 6161.11 – Supplementary Instructional Materials)

 

Any literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual or motion picture, sound, architectural, or other original work shall be assumed to be a copyrighted work, regardless of whether the work appears in print, audio, video, electronic, or other fixed and tangible form.

 

Before reproducing a copyrighted material for instructional or other SBCOE purposes, a staff member shall determine if the material is in the public domain or if the intended use of the material meets the criteria for fair use or another exception pursuant to 17 USC 107-122.  If the material is not in the public domain or no recognized exception applies, the staff member shall seek permission of the copyright holder before using the material.

 

The Superintendent or designee shall inform staff that inclusion of an attribution citing the author and source of a copyrighted material does not absolve the staff member from the responsibility to either obtain permission or satisfy criteria for fair use or another exception.

 

If a staff member is uncertain as to whether the intended use of the material meets the criteria for fair use or another exception, he/she shall take the safest course and seek permission from the copyright holder to use the material or, if it is impracticable to obtain permission, shall contact the Superintendent or designee for clarification and assistance.

 

Students shall not copy or distribute copyrighted works to others. 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

 

Policy Adopted: 5-12-98

Policy Revised: 11-16-89; 12-14-17