The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

2531 - COPYRIGHTED WORKS

Copyrighted works shall only be used to the extent that copyright and fair use guidelines permit. The Superintendent shall provide administrative procedures regarding the copying and distribution of copyrighted materials for instructional purposes and for the appropriate use of copyrighted material on the School Board's web site and other locations.

Because the Board (District) hosts a web site and stores information on it at the direction of users, it is classified as an on-line service provider for copyright purposes. To limit the Board's liability relating to material placed on its system or network by others, the Superintendent shall appoint an individual as the agent to receive notification of claimed infringement. A link to the agent's name, mailing address, telephone number, fax number, and e-mail address shall appear on the home page of the Board's web site. Such contact information, along with the appropriate filing fee, shall also be provided to the Copyright Office of the Library of Congress. The agent shall be responsible for investigating and responding to any complaints.

Copyright Laws and "Fair Use" Guidelines

Employees and students shall comply with all pertinent copyright laws and "fair use" guidelines whenever District employees and students are using copyrighted materials.

This applies to all types of materials or media that may be covered by the Copyright Act, including, but not limited to, original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated. It also applies to copyrighted computer software and materials that are copied, recorded, or transmitted via electronic means, such as the Internet or e-mail.

Employees may reproduce and utilize copyrighted materials in accordance with the provisions of the Copyright Act, 17 U.S.C. 101 et seq.

Any reproduction or use of copyrighted materials by employees and students in the course of school-related activities will be done, either with the written permission of the copyright holder or in conformity with the "fair use" guidelines under 17 U.S.C. 107 or other applicable law. Employees who reproduce or use copyrighted materials and fail to obtain prior written permission from the copyright holder or fail to abide by the "fair use" guidelines may be liable for copyright infringement.

Willful or intentional copyright infringement or repeated acts of unintentional infringement may result in disciplinary action pursuant to Board policies and applicable collective bargaining or employment agreements.

Students who disregard copyright laws or who willfully and intentionally violate the copyright laws in the course of school-related activities are subject to discipline pursuant to the Code of Student Conduct.

Educational Media

The Superintendent is authorized to assign employees to develop educational materials, schedules, data processing programs, curriculum bulletins, and other products of creative effort which assist the basic instructional program or the various systems supporting that instructional program.

Products of creative effort are works within the subject matter of copyright or patent laws, such as books, dramas, magazine articles, architecture, computer generated slides, motion pictures, video tapes, educational software, radio scripts, television productions, lectures, printed lessons, bulletins, guides, art work, machinery, and apparatus, now known or later developed, and others not mentioned but not to be construed as omitted.

Employees engaged in creative efforts are recognized as being in one (1) or more of four (4) categories. The first two (2) are applicable to this section.

 A.Category 1
  Employees employed to accomplish a certain creative effort with employment time of specific duration indicated by contract. These employees are often legally termed "workers for hire", and the product is termed "work made for hire".

 B.Category 2
  Employees under Board contract assigned in a capacity which leads to creative accomplishments, with the creative effort not necessarily stipulated by name or description in the original employment or assignment arrangement.

All products developed by personnel in Categories 1 and 2 in the normal course of regularly prescribed duties and within the period that the Board requires such persons to be on duty should remain the property of the Board, and the Board shall retain all rights, privileges, and responsibilities pertaining to ownership. In "works made for hire", the Board is the author, and owns all rights comprised in the copyright, unless the parties have expressly agreed otherwise in a written instrument signed by them. This applies to either individual or joint "works made for hire" and includes the rights of renewal of copyright as defined within copyright law.

While certain employees in Categories 1 or 2 may have addenda to their regular employment contracts which permit additional remuneration for residual rights to certain creative works, it shall not be a requirement for the District to initiate such contracts in all instances, nor shall the lack of such contracts affect any claim of ownership or copyright retained by the Board.

Sale, Lease, Rental, or Reproduction by Commercial Agencies of Products Owned, Copyrighted, or Patented by the Board

If any of the products of Categories 1 and 2 have commercial appeal, the Superintendent or an appointed deputy may negotiate with the appropriate persons and agencies. If the Board enters into any contract for payment of royalties or other compensation to the owner or to the holder of a copyright or patent, compensations may be paid to the general fund of the Board, or, at the discretion of the Superintendent, be rebudgeted to the department producing the materials to offset costs attributable to the sale, lease, rental, or production of the materials.

If a publisher or other agency requests revisions or additions to the product, the Superintendent may arrange to have the additional work completed. If it is in the best interest of the District, the Superintendent may assign personnel to perform this task as a part of their regular employment. If revisions are not essential to the District but the producers or publishers desire to have a revision made, the Superintendent may afford the opportunity for such works to be performed by an employee outside regular employment hours. No Board funds shall be used to remunerate an employee for this additional work, but the Superintendent is authorized to assign to an employee by contract with the producer or publisher a fee to be paid out of royalties or a percentage of royalties depending upon the extent of revisions to be made.

If an edition of which the copyright is held by the Board becomes obsolete or is otherwise unnecessary for use by the District and the Superintendent does not recommend revision by the Board, the Superintendent may recommend transfer of copyright to the authors. The District should generally retain the right to use the material for educational, non-commercial purposes with no royalty payments or other obligations to the purchasing entity.

Development of Products Outside of Regular Employment Time but with Board Resources

Category 3

Employees who accomplish a creative effort on their own, outside of regular hours of employment, but whose creative efforts require Board resources, such as duty time, classrooms, teacher, or students. Employees in this category should follow these procedures:

 A.Prepare and submit to the appropriate region, assistant, or associate superintendent a brief report containing the following information:

  1.description of creative product;

  2.Board resources which will be involved, with estimate of time-use (if involvement is sufficient, employees should work through the Districtís Educational Research Review Committee);

  3.percentage of duty time of one's normal job responsibility which was devoted or will be devoted to development of the product and file notice to publish or manufacture, and dates, with the appropriate region, assistant, associate, or deputy superintendent.

 B.A committee composed of a representative from the staff of the Superintendent, the Deputy Superintendent for Education, the region superintendent, or assistant/associate superintendent involved, and the Board Attorney shall make a final recommendation to the Superintendent as to the legal interest of the Board in such copyright.

The Superintendent, upon request of the employee, may recommend release of all claims to copyright or patent rights, retaining the privilege of systemwide use of such material without royalty payment or other obligations; or the Superintendent will indicate in writing to the creator of the product acceptable terms that follow reasonable and customary practices.

Products Developed Without Board Property or Time

Category 4

Employees whose creative effort is accomplished without Board property or time, whose creative effort is accomplished outside of the period considered to be the time that the Board requires the employee to be on duty, and whose created product is not a portion of normal job responsibility. The Board makes no claim to ownership of products developed by employees in this category.

No employees in any of the four (4) categories shall participate in State or local textbook-adoption committees evaluating for either purchase or recommendation that apparatus, book, product, or other instructional material on which the Board or the employee holds ownership rights.

The Superintendent is authorized to develop regulations and procedures for the sale, lease, or rental of educational media. These regulations and procedures shall also clearly define the preparation, production, distribution, and/or provisions for copyright or patent of instructional materials (such as audio-visual media, video tapes, apparatus, computer generated products, and publications) developed as part of officially assigned duties or job responsibilities. The Board may, under certain specified conditions, authorize the distribution of a portion of any royalties earned by the Board to the creator or author of the materials.

Student Created Works

The Superintendent shall develop administrative procedures and related forms, including but not limited to releases, waivers, and authorizations governing student created work.

Electronic Media

The expanding use of technology provides extensive opportunities for improvement of instructional and operational procedures and systems, through the development by the District of electronic educational material, software applications, web pages, and materials not available commercially.

Web pages include the District's home page and all other pages making up the District's web site, pages making up individual school web sites, and any other pages stored on the District's or an individual school's Internet server.

These programs, web pages, or materials may be developed by employees in accordance with Board policy, or may be developed for the Board by individuals, companies, or agencies under contract with the Board. Unless otherwise specified and agreed in such contracts, the Board shall be the author for purposes of ownership and copyright, owning all rights comprised in the copyright including renewal rights.

Many of the programs, web pages, and materials developed by employees are wholly owned by the Board, and/or are eligible for copyright, and may be in demand by individuals or agencies outside of the Board. The following policies shall apply in these cases:

 A.The Superintendent shall, when appropriate, take whatever action is necessary to obtain copyright registration for software and web pages developed by or for the District.

 B.The Superintendent shall establish, and the Board shall approve, all fees for any public or private entity to purchase or obtain a license for use of software or web pages copyrighted by the District.

 C.Fees for the sale or licensing of software or web pages may be based upon market considerations. However, fees shall be pursuant to F.S. 119.07(1), as provided in Board policy for an individual or entity that accesses the Board's copyrighted data processing software solely in conjunction with the examination of public records maintained by the Board.

 D.The Board shall determine how any proceeds of the sale or licensing of copyrighted data processing software are to be used.

F.S. 119.084
17 U.S.C. 101 et seq.

Revised 3/9/16

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