Policy 6160

Instruction

Copyright

The Copyright Law of the United States (Title 17, United States Code) which became effective January 1, 1978, provides protection to authors, producers, publishers, and programmers by allowing them to control the publication and distribution of their works. The copyright law also sets forth a concept, established over the years called "fair use." The principle of "fair use" sets certain limitations on the exclusive rights of producers and provides educational institutions some utilization of copyrighted materials without permission or payment of fees.

This copyright policy is designed to serve as a protection for Edina School District staff members and students as they utilize a variety of educational technology to deliver instruction. Video recorders, copy machines, tape duplicators, and micro-computers are utilized extensively in every school building. The utilization of some materials occasionally brings up the question of copyright and the interpretation of "fair use."

Teachers and administrators of the district will be knowledgeable about and adhere to the copyright law provisions and the "fair use" principles. They will follow the accompanying copyright procedures which provide appropriate guidelines, illustrations, and examples of the "fair use" utilization of print material, music orchestrations, video tapes, audio recordings, multimedia resources, and computer programs. Each curriculum writing committee will include only instructional materials which have been purchased by the school district which do not require specific permission under the "fair use" doctrine or material for which copyright permission has been obtained.

A warning notice concerning copyright restrictions will be placed within the immediate vicinity of all machines capable of duplicating materials. Illegal copies of copyrighted programs may not be made or used on school equipment.

The School Board of the Edina Public Schools, in recognizing the importance of the Copyright Law of the United States (Title 17, United States Code), hereby notifies all employees that a willful infringement of the law may result in severe financial penalties and possible disciplinary action. The School Board will not provide legal support in such a case where a person has been notified that potential infringement existed and the individual still has pursued utilizing the materials in such a manner as to result in infringement. In the case of court action for damages, a finding of willful infringement would preclude the School Board paying any judgment rendered against the employee and paying the attorney's fees or costs which the employee would incur in conjunction with a lawsuit.

Policy                                                               INDEPENDENT SCHOOL DISTRICT 273

adopted:            05/11/98                                                Edina, Minnesota