I. PURPOSE
The purpose of this procedure is to ensure compliance with the provisions of current copyright laws and Congressional guidelines.
II. GENERAL STATEMENT
Employees and students are to adhere to all provisions of Title 17 of the United States Code, entitled “Copyrights,” and other relevant federal legislation and guidelines related to the duplication, retention, and use of copyrighted materials.
Employees and students of the Moorhead Area Public Schools are responsible for conducting themselves in a manner consistent with the spirit and intent of the school district's Copyright Policy.
III. GUIDELINES
A. Unlawful copies of copyrighted materials may not be produced on district-owned equipment.
B. Unlawful copies of copyrighted material may not be used with district-owned equipment, within district-owned facilities, or at district-sponsored functions.
C. The legal and insurance protection of the district will not be extended to employees who unlawfully copy and use copyrighted materials.
D. Employees who make copies and/or use copyrighted materials in their jobs are expected to be familiar with published provisions regarding fair use, public display, and computer guidelines. Employees are further expected to be able to provide their supervisor, upon request, the justification based on fair use, public display, or computer guidelines as specified in the copyright law.
E. Employees who use copyrighted materials that do not fall within fair use, public display, or computer guidelines must be able to substantiate that the materials meet one of the following tests:
• The materials have been purchased from an authorized vendor by the employee or the district and a record of the purchase exists.
• The materials are copies covered by a licensing agreement between the copyright owner and the district.
• The materials are being previewed or demonstrated by the user to reach a decision about future purchase or licensing and a valid agreement exists that allows for such use.
F. Guidelines for the use of copyrighted materials and interpretation of the guidelines in creative and academic work (Administrative Procedure 606.1: Use of Copyrighted Materials) shall be readily available from media specialists and/or from district Media Services.
G. All school employees will have access to the policy and be educated about its implementation through an online check-off system and the employee handbook. The copyright law in its entirety is available for reference through district Media Services.
Legal Reference:
Federal Copyright Law, Public Law 94-553
Cross References:
Moorhead School Board Policy 409: Employee Publications, Instructional Materials, Inventions, and Creations
Moorhead School Board Policy 606: Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Acceptable Use and Safety