In order for students to experience a diverse curriculum, the board encourages employees to supplement their regular curricular materials with other resources. In so doing, the board recognizes that federal law makes it illegal to duplicate copyrighted materials without authorization of the holder of the copyright, except for certain exempt purposes. Severe penalties may be imposed for plagiarism, unauthorized copying or using of media, including, but not limited to, print, electronic and web-based materials, unless the copying or using conforms to the "fair use" doctrine. Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research providing that all fair use guidelines are met.
While the school district encourages employees to enrich the learning programs by making proper use of supplementary materials, it is the responsibility of employees to abide by the school district's copying procedures and obey the requirements of the law. In no circumstances shall it be necessary for school district staff to violate copyright requirements in order to perform their duties properly. The school district will not be responsible for any violations of the copyright law by employees or students. Violation of the copyright law by employees may result in discipline up to, and including, termination. Violation of the copyright law by students may result in discipline, up to and including, suspension or expulsion.
Parents or others who wish to record, by any means, school programs or other activities need to realize that even though the school district received permission to perform a copyrighted work does not mean outsiders can copy it and re-play it. Those who wish to do so should contact the employee in charge of the activity to determine what the process is to ensure the copyright law is followed. The school district is not responsible for outsiders violating the copyright law or this policy.
Any employee or student who is uncertain as to whether reproducing or using copyrighted material complies with the school district's procedures or is permissible under the law should contact the [principal, teacher or teacher-librarian – choose as many as apply or add others] who will also assist employees and students in obtaining proper authorization to copy or use protected material when such authorization is required.
It is the responsibility of the superintendent, in conjunction with the [principal, teacher or teacher-librarian – choose as many as apply or add others], to develop administrative regulations regarding this policy.
Note: This is a mandatory policy. The policy is based upon federal law. It is strongly recommended the board seek legal counsel prior to making substantive edits to the policy and sample regulation. For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 20 #1-August 31, 2007.
Legal References: 17 U.S.C. § 101 et al.
281 I.A.C. 12.3(12).
Cross References: 605.6 Internet Appropriate Use
Approved July 18, 2022 Reviewed Revised
