Stevensville School District

INSTRUCTION

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, 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.

Under the fair use doctrine, each of the following four standards must be met in order to use the printed copyrighted document:
• Purpose and Character of the Use-The 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 if these guidelines are followed.
• Effect of the Use Upon the Potential Market for or 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 staff to abide by District copying procedures and obey requirements of law. Under no circumstances will it be necessary for 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.

The display of dramatic performances, musical works, motion pictures or television programming to students may only occur for education purposes un the following standards:

• During onsite instruction
• When viewed in a classroom or designated place of instruction
• With a lawfully made copy or via an authorized account
• As a regular part of instruction and directly related to the curriculum

Employees should contact the administration with inquiries about accessing lawful copies of materials or accounts to access materials available via online platforms to ensure compliance with copyright laws.

Any staff member who is uncertain as to whether reproducing or using copyrighted material complies with District procedures 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

Policy History:
Adopted on: February 2002
Reviewed on: September 12, 2023
Revised on: April 2011; October 10, 2023