Butte School District

THE BOARD OF TRUSTEES

2312

Copyright

The District 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 unauthorized copying or use of audio, visual, digital, or printed materials and computer software, unless the copying or use 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.

• Purpose and Character of the Use-That use must be for such purposes as teaching or scholarship.
• Nature of the Copyrighted Work-The type of work to be copied.
• Amount and Substantiality of the Portion Used-Copying the whole of a work cannot be considered fair use; copying a small portion may be allowed if these guidelines are followed.
• Effect of the Use Upon the Potential Market for a value of the Copyrighted Work-If resulting economic loss to the copyright holder can be shown, even making a single copy of certain materials may be an infringement, and making multiple copies presents the danger of greater penalties.

While the District encourages its staff to enrich learning programs by making proper use of supplementary materials, it is the responsibility of District staff to abide by District copying procedures and obey requirements of law.  Under no circumstances will it be necessary for District staff to violate copyright requirements in order to properly perform their duties.  The District cannot be responsible for any violations of the copyright law by its staff.

Any staff member who is uncertain as to whether reproducing or using copyrighted material complies with District procedures or is permissible under the law should consult the Superintendent.  The Superintendent will assist staff in obtaining proper authorization to copy or use protected materials, when such authorization is required.

Legal Reference:    
17 USC 101 - 1010   Federal Copyright Law of 1976