Copyright
Policy 3230: Copyright Compliance
The Wayne County Public Schools Board recognizes and supports the limitations on unauthorized duplication and use of copyrighted materials. The Board does not sanction or condone any illegal use or duplication of copyrighted materials. Employees, students, and visitors are prohibited from the use or duplication of any copyrighted materials not allowed by copyright law, fair use guidelines sanctioned by Congress, licenses or contractual agreements. Willful or serious violations also are considered to be in violation of expected standards of behavior for employees and students and may result in disciplinary action in accordance with Board policy. The legal and insurance protection of the district will not be extended to employees who unlawfully copy and use copyrighted materials.
Unless allowed as “fair use” under federal law, permission must be acquired from the copyright owner prior to copying copyrighted material. Fair use is based on the following standards:
the purpose and character of the use
the nature of the copyrighted work
the amount of and the substantiality of the portion used in relation to copyrighted work as a whole
the effect of the use upon the potential market for, or value of, the copyrighted work.
The “Technology, Education and Copyright Harmonization Act,” commonly known as the “TEACH Act,” was enacted by Congress on October 4, 2002. It is a full revision of Section 110(2) of the U.S. Copyright Act. Its provisions enable educators to use copyrighted materials for distance education, with certain restrictions.
The TEACH Act and some Frequently Asked Questions
Covers the fundamentals of the law, the scope, how it impacts class sessions, library reserves and services.Distance Education and the TEACH Act (archived version)
ALA's Washington Office collected links to the legislative history, TEACH Act FAQ, and best practices.Copyright and Distance Education (archived copy)
Distance Education gives rise to complex copyright issues related to both the question of ownership of the newly created work, as well as the question of "fair use" of existing materials. The links included can guide you to some helpful resources on both points.