Copyright Laws: Generally 6-63.1

School Board of the City of Virginia Beach
Regulation 6-63.1

INSTRUCTION

Copyrighted Laws: Generally

The School Board and all employees will abide by the provisions of current federal copyright laws.

1. School Board employees are prohibited from duplicating, preparing derivative works, distributing copies to the public, performing or displaying publicly, in any form, copyrighted materials without prior written permission from the owner of the copyright except under the following provisions of PL 94-553, Section 107.

   Public Law 94-553, Section 107, notwithstanding the provisions of section 106, permits educators "fair use" of copyrighted materials based on four (4) factors: (1) the purpose and character of use (instructional), (2) the nature of the work (various formats), (3) the amount of work used (usually ten percent limit), and (4) the effect on the potential market of the work (sales).

   Copyrighted materials duplicated for classroom instruction must have the "nature of the work" criteria applied. The guidelines detailed in the subsequent regulations explain the duplication that is permissible for each format. Generally, duplication should not exceed ten percent of the total work or excerpt the creative "essence" of the work. The making of multiple copies for classroom use must meet the tests of brevity, spontaneity, and cumulative effect.

   In some instances a special notice is provided with some materials specifically prohibiting reproduction of any kind. Permission to use any part of such works must be secured in writing from the author or producer.

2. It is the responsibility of the individual employee to determine that the federal copyright laws have not been violated.
3. Employees are prohibited from using School Board equipment to duplicate copyrighted materials which have not been cleared through the copyright owner or which do not fall under the provisions of the Fair Use Doctrine.

Regulatory Authority

Public Law 94-553, Section 107

Approved by Superintendent: July 16, 1991