EGAD – Copyright Compliance

The ConVal School District adheres to the Copyright Law of the United States (Title 17, U. S. Code). It is imperative that all staff and students recognize the importance of the law and continuously guard against its infringement. It is our intent, as a public school district, to ensure copyright law observance by all members of the district, and to ensure that plagiarism is understood as one form of non-compliance of copyright.

Fair Use Factors/Criteria
Under the “fair use” doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, commentary, news reporting, teaching, scholarship or research. Fair use, as a legal concept, provides the criteria for determining whether copyright work may or may not be used without securing the permission of the copyright holder. Fair use guidelines also apply to transformative uses of copyrighted materials, i.e., when works are used to create new functionality or meaning.

If duplicating or changing a copyrighted work is to fall within the bounds of fair use, these four standards must be met for any of the foregoing purposes:

a) The Purpose and Character of the Use: The use must be for such purposes as teaching or scholarship in a nonprofit organization or institution.
b) The Nature of the Copyrighted Work: Staff may make single copies of book chapters for use in research, instruction or preparation for teaching; articles from periodicals or newspapers; short stories, essays, or poems; and charts, graphs, diagrams, drawings, cartoons, or pictures from books, periodicals, or newspapers.
c) The 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 standards are followed.
d) The 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.

Anyone responsible for duplication in any format may be liable for breach of copyright. Specifics regarding copyright procedures shall be available to anyone using equipment for duplication purposes (see EGAD-R). The individual user shall maintain a record of copyright permissions.

Members of the ConVal community who are uncertain regarding copyright compliance in the use of any materials are encouraged to seek out the advice and assistance of library media specialists and technology integrators. Any members of the ConVal community who observe copyright violations should report such concerns to the building Principal, who will then determine if the Superintendent or other administrators need to be informed.

Legal Reference:

US Code Title XVII, Public Law 94-533, United States Copyright Act of 1976.
See also:

Category: R


1st Read: January 7, 2013
2nd Read: January 21, 2014
Adopted: January 21, 2014