4.0410.01 COPYRIGHT DEFINED Issue Date: 9/12/96 Updated: 04/06
Copyright is a form of protection provided by the laws of the United States to the authors of original works. Copyright owners are given the exclusive rights to original works of authorship. Copyrights apply to any piece of published or unpublished creative work by an individual at the completion of his/her work. Works are protected as soon as they are “fixed in tangible form.” A work is fixed when written on paper, painted on canvas, saved to a disk, recorded on tape, exposed on film, or any other method that creates a permanent record of the creation. To gain copyright protection, no notice of copyright is required, nor is registration required.
4.0410.02 EXCLUSIVE RIGHTS Issue Date: 9/12/96 Updated: 04/06
Employees of the District shall comply with the provisions of the United States Copyright Law. Subject to certain specific exceptions, as stated below, the owner of a copyright has the exclusive rights to reproduce, distribute, perform or display the copyrighted work, or to authorize such reproduction, distribution, performance, or display by others.
4.0410.03 FAIR USE
Issue Date: 9/12/96 Updated: 04/06
An exception to the exclusive rights enjoyed by copyright owners is the doctrine of fair use. The fair use of a copyrighted work for purposes of teaching, scholarship, or research is not an infringement of copyright. The following factors shall be considered in determining fair use: 1. The purpose and character of the use, including whether the use is of a commercial nature or for non-profit educational purposes. 2. The nature of the copyrighted work. 3. The amount and importance of the portion used in relation to the copyrighted work as a whole. 4. The effect of the use upon the potential market for or value of the copyrighted work.
4.0410.04 PERFORMANCES AND DISPLAYS Issue Date: 9/12/96 Updated: 04/06
A further exception shall be performance or display of a work by instructors or students in the course of face-to-face teaching activities in a classroom or other similar place devoted to instruction.
4.0410.05 BOARD POLICY Issue Date: 9/12/96 Updated: 0406
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