W. Va. Code R. § 126-41-9

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 126-41-9 - Copyright

9.1. Copyright laws protect the rights of people who create intellectual property by providing the creator with exclusive rights to license, sell, or use the works. A creator owns the rights of reproduction, adaptation, distribution, public performance, public display, digital transmission, and moral rights. Violation of copyright laws may expose the user, district, or school to legal action and/or financial penalties.

9.2. Downloading, copying, duplicating, and distributing software, music, sound files, movies, images or other copyrighted materials without the specific written permission of the copyright owner is generally prohibited. Consult the Fair Use Doctrine of the United States Copyright Act, ( 17 U.S.C. § 101-810 ), for guidance about using such material in an educational context.

9.3. To discourage violation of copyright laws, the following compliance requirements are specified:

9.3.a. Employees and students are expected to adhere to the copyright laws.

9.3.b. Appropriate software licenses will be obtained for use in a network server system or other multi-access use.

9.3.c. Programs available through the statewide provisions of technology implementation must comply with stipulations of the various purchase agreements.

9.3.d. Unauthorized duplication of copyrighted material and/or use of such unauthorized material on state, district, or school equipment or networks is prohibited.

9.3.e. Students are to be taught the ethical and practical implications and consequences of plagiarism and software/media piracy.

9.3.f. Employees will be provided yearly reminders of their responsibility through a district chosen procedure to adhere to and enforce the copyright laws and will be provided in-service training if necessary.

9.3.g. Educators and students should perform due diligence by reviewing user agreements including, but not limited to, terms and conditions, terms of use, End User License Agreements (EULA), and copyright prior to utilizing content from resources and software licenses to ensure compliance with the terms of the user agreements.

9.4. Under federal law, employees violating copyright laws may be subject to fines, confiscation of material, and other prosecution. Violations may also result in the employee's suspension and/or dismissal.

W. Va. Code R. § 126-41-9