5:170 - Copyright For Publication or Sale of Instructional Materials and Computer Programs Developed by Employees

Policy 5:170

Personnel

Copyright For Publication or Sale of Instructional Materials and Computer Programs Developed by Employees

Instructional Materials

All instructional materials developed by an employee within the scope of employment with the District shall be classified as “works for hire” and are the District’s property.  The District is entitled to own the copyright and obtain all proceeds from the sale of “works for hire,” other than computer programs.

The employee must provide the District with prior written notification of his or her desire to publish any instructional materials developed within the scope of employment.  In no case shall notification be made any later than 20 days prior to entering into a contract for publication with a publishing firm or with a manufacturer.  The District has the exclusive right to register the copyrights for such instructional materials.  Unless the employee specifically states in writing to the contrary, the employee warrants that any instructional materials developed and submitted to the District for publication are original.

Computer Programs

An employee who develops a computer program as a direct result of his or her duties with the District or through utilization of District resources or facilities is entitled to a share of the proceeds from its sale or marketing as agreed to by the District. As limited under the School Code, neither the employee nor the District may receive more than 90% of the proceeds.  The negotiation may be conducted by a union representative at the employee’s request.

“Proceeds” are profits from the sale or marketing of a product after deducting expenses of developing and marketing the product and shall be computed by the District.  The proceeds of a computer program developed by more than one employee shall be equitably distributed among such employees, in proportion to their participation in the program’s development, and the District.

Copyright Compliance

While staff members may use appropriate supplementary materials, it is each staff member’s responsibility to abide by the District’s copyright compliance procedures and to obey the copyright laws. No staff member shall, without first obtaining the permission of the Superintendent or designee, install or download any program on a District-owned computer. The District is not responsible for any violations of the copyright laws by its staff or students. A staff member should contact the Superintendent, or the person designated as copyright compliance officer, whenever the staff member is uncertain about whether using a copying material complies with the District’s procedures or is permissible under the law, or wants assistance on when and how to obtain proper authorization. At no time shall it be necessary for a District staff member to violate copyright laws in order to properly perform his or her duties.

Adopted: May 3, 1999

Revised: March 23, 2015

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