Instruction
Board Policy No. 6162.6
Policy Adopted: March 5, 2001
Policy Revised: May 30, 2024
USE OF COPYRIGHTED MATERIALS
The Board of Trustees recognizes that district staff and students may use a variety of copyrighted materials in the educational program and other district operations. When such materials have not been purchased by the district for the intended use, the 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.
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 district 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.
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Code,
Ed. Code 35182, Marketing or licensing noneducational mainframe electronic data-processing software
Federal Code,
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, District Technology Plan
0440, District Technology Plan
1113, District And School Websites
1113, District And School Websites
1113-E(1), District And School Websites
1114, District-Sponsored Social Media
1114, District-Sponsored Social Media
3300, Expenditures And Purchases
3312, Contracts
3530, Risk Management/Insurance
3530, Risk Management/Insurance
MOUNTAIN VIEW WHISMAN SCHOOL DISTRICT
Mountain View, California
4040, Employee Use Of Technology
4040-E(1), Employee Use Of Technology
4119.21, Professional Standards
4119.21-E(1), Professional Standards
4131, Staff Development
4132, Publication Or Creation Of Materials
4219.21, Professional Standards
4219.21-E(1), Professional Standards
4231, Staff Development
4232, Publication Or Creation Of Materials
4319.21, Professional Standards
4319.21-E(1), Professional Standards
4331, Staff Development
4332, Publication Or Creation Of Materials
5131.9, Academic Honesty
6141, Curriculum Development And Evaluation
6141, Curriculum Development And Evaluation
6142.6, Visual And Performing Arts Education
6142.94, History-Social Science Instruction
6161.1, Selection And Evaluation Of Instructional Materials
6161.1, Selection And Evaluation Of Instructional Materials
6161.1-E(1), Selection And Evaluation Of Instructional Materials
6161.11, Supplementary Instructional Materials
6163.1, Library Media Centers
6163.4, Student Use Of Technology
6163.4-E(1), Student Use Of Technology