345.2
COPYRIGHT POLICY
Federal law makes it illegal to duplicate or use copyrighted materials without authorization of the
copyright holder, except for certain exempt purposes. It is the intent of Rosholt School District, its
Board, staff, and students to adhere to all provisions of Title 17 of the United States Code, and other
relative federal legislation and guidelines related to the duplication, retentions, and use of
copyrighted materials.
The district expects all staff and students to be knowledgeable about and comply with all copyright
law and fair-use guidelines that help interpret the law. All copying or use not specifically allowed by
current copyright law, fair use guidelines, Creative Commons licenses, other license agreements, or
copyright owner’s permission is prohibited. The district does not condone the illegal use or
reproduction of copyrighted materials in any form. Unlawful copies of copyrighted material may not
be used with district-owned facilities, or at district-sponsored functions.
No district employee will direct any other staff member or student to violate the law. The use of
district equipment by employees, students, or non-school personnel to violate copyright is prohibited.
Employees who violate copyright law are liable for their own actions. However, the Rosholt School
District Board and administration will support any employee who is subject to legal proceedings or
litigation as a result of actions taken during the course of their duties if that employee acted in
accordance with district policy according to the guidelines.
The administrators and the library media specialists are responsible for providing all staff with
training and information about copyright law, guidelines, and fair use. Any employee who is
uncertain whether reproducing or using copyrighted materials is permissible under the law or
recognized national guidelines should contact a library media specialist, who will assist staff in
obtaining proper authorization to copy or use protected material as needed. The School Board, after
considering the advice of district legal counsel, will be the final determinant on copyright questions.
Policy Cross References:
RSD Network/Internet Acceptable Use Policy, 346.4 and related documents
RSD Internet Web Page Creation and Maintenance Policy and related documents
Note: Links to copyright information may be found on the Rosholt Library Resources Home Page
“Faculty” section and the “Citing Resources” section for students.
Complete text of current copyright law and related documents may be found at the U.S. Copyright
Office website, http://www.copyright.gov
Legal Documents: 17 U.S.C.; U.S. Copyright Act of 1976
ADOPTED:
REVISED:
March 9, 1981
April 12, 1982
February 15, 1983
March 15, 1985
April 13, 2004
February 10, 2009
345.2-Rule
RULES FOR COMPLIANCE
Copyright refers to the exclusive rights that protect the works of authors, artists, musicians, computer
programmers, and other creative persons against copying or unauthorized public performance.
Copyright generally extends to original works of literary, dramatic, musical, artistic, or intellectual
expression.
The following rules were developed to enable Rosholt School District staff and students o comply
with federal copyright law, guidelines, license agreements, and to ethically honor intellectual
property rights. A “Staff Copyright Guidelines” chart (345.2 Exhibit 2) will be provided to detail the
specifics of what may and may not be legally copied and used. The chart will be revised as needed.
1.) Copyrighted works may be copied and/or used for purposes of criticism, comment, news
reporting, teaching, scholarship, or research under “Fair Use” language within copyright law and
congressionally endorsed guidelines. The Guidelines apply to both teachers and students, enabling
them to copy and/or use copyrighted material legally without permission from the copyright owner.
The Copyright Act of 1976 states these four criteria must be met for “Fair Use” of copyrighted works
to be ethical.
a) The purpose and character of the use, including whether such use is for non-profit
educational purposes;
b) The nature of the copyrighted work, including whether the original work was intended to be
consumable;
c) The nature and substantiality of the portion used in relation to the copyrighted work as a
whole, including how much is being copied and how many copies are being made; and
d) The effect of the use upon the potential market for or value of the copyrighted work,
including whether the copyright owner will suffer financial loss due to copying.
To provide direction in determining “fair use” copying, the District will utilize:
a) “Guidelines for Classroom Copying in Not-For-Profit Educational Institutions”
b) “Guidelines for Educational Uses of Music”
c) “Guidelines pertaining to off-the-air taping for educational purposes set forth in the
Congressional Record in October, 1981, by Congressman Robert Kastenmeier, Chairman of
the House of Representatives Judiciary Subcommittee on Courts, Civil Liberties, and
Administration of Justice
d) “Fair Use Guidelines for Educational Multimedia”
e) Text relating to “Fair Use” of copyrighted works over a closed distant education digital
network found in the Technology and Copyright harmonization (TEACH) Act of 2001/
2.) Rosholt School District staff and students are to assume all works found on the Internet to be
copyrighted and therefore protected.
3.) Rosholt School District will comply with the federal law that grants the owner of a computer
program the right to copy it if: a) such a copy is “an essential step in the utilization of the program in
conjunction with a machine” or b) the copy is for archival purposes only, i.e., to serve as backup in
case the original is lost or destroyed.
4.) Teachers will instruct and guide students in using intellectual property ethically.
5.) Reproducing copyrighted material as a substitute for the purchase of that material is prohibited.
6.) Permission for copying or use of copyrighted and materials beyond “fair use” must be sought
from the copyright holder using the Copyright Clearance Request Form (345.2-Exhibit 1).
7.) The following notices are required under copyright law and shall be used in the Rosholt School
District:
a) All copied material must be labeled with the following notice: “Notice: This material
may be protected by copyright law (Title 17 U.S. Code).”
b) Notices must be posted at all unsupervised photocopy machines stating: “Notice: the
copyright law of the U.S. (Title 17 U.S. Code) governs the making of photocopies or
other reproductions of copyrighted materials. The person using the equipment is liable
for any infringement.”
c) A notice must be posted where requests for copies are accepted by the library media
center staff stating: “Warning Concerning Copyright Restrictions: The copyright law of
the United States (Title 17 U.S. code) governs the making of photocopies or other
reproductions of copyrighted material.”
8.) Public domain: Some creative works such as books, images, art, computer programs, and music,
are within the “public domain” and have no copyright protection. If a work is in the public domain,
anyone can copy it, change it, or use it in any way they wish. The author has none of the exclusive
rights that apply to a copyrighted work. Works in the public domain include those items written by
the U.S. government, works that are not copyrightable (ideas, facts, and blank forms), works that the
author intended to be shared, and works whose copyrights have expired.
Since 1978, no notice of copyright is required on a work for it to be protected, and conversely, the
absence of the notice does not convey that work is in the public domain.
9.) Staff and students will be instructed in the use of Creative Commons licenses and encouraged to
use Creative Commons materials in their student projects with proper citation.
ADOPTED:
April 13, 2004
February 10, 2009