As in effect on May 1, 2008
A. "Board" means the Utah State Board of Education.
B. "Reprint" means a verbatim copy of the original of any material protected by copyright notices.
C. "Published" means distribution of a copy of a work by sale, lease, rental, lending, or other transfer of ownership or the offering to distribute copies to anyone for purposes of further distribution.
D. "Material" means all copyrightable works, including writings, lectures, musical or dramatic compositions, sound recordings, films, videotapes and other pictorial reproductions, computer programs, listings, flow charts, manuals, codes, instructions, and software.
E. "Formula grant basis" means federal or state funds that are distributed through the Board on the basis of a formula without competitive application for the funds. The Board has no discretion in awarding the funds if the recipient qualifies under the formula and meets other standards of that particular program.
F. "Discretionary grant basis" means federal or state funds that are distributed by the Board on the basis of competitive application or contract.
A. This rule is authorized by Article X, Section 3 of the Utah Constitution which vests general control and supervision of public education in the Board and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.
B. The purpose of this rule is to specify an orderly means for regulating copyrighted material.
A. The Board or its designee may grant permission to reprint published material of the Board that is protected by a copyright notice.
B. Requests for permission to reprint shall be submitted to the Board in writing and shall describe:
(1) the specific published material to be reprinted;
(2) the work in which the copyrighted material will appear; and
(3) the general use to be made of the work.
C. For permission for a reprint to be granted, full credit shall be given to the Board and the author either on the copyright page or section of the work or immediately preceding each use of the material covered by the permission. This credit shall appear on every copy of the work reproduced.
D. The Board may make a charge for the right to use substantial portions of published material of the Board if the use substantially enhances the marketability of the work with the potential of substantial profits to the work's author and publisher. Charges shall be negotiated between the Board and the party seeking to use Board materials on a case-by-case basis.
E. One copy of the work within which the reprinted material appears shall be sent to the Board upon its publication.
F. The Board or its designee shall develop forms and accounting procedures to carry out the purposes of this section.
A. In order to protect the public interest in the cost of the development, distribution, and use of original materials, a local school district may copyright any original material that it develops with formula grant basis funds.
B. The Board reserves the right to obtain copyrights for original materials developed on projects funded with discretionary grant basis funds which it controls or which it allots to others.
C. The Board may relinquish its copyright authority by written agreement. If the Board relinquishes its rights, it shall require a written agreement providing an irrevocable, nonexclusive, and royalty-free license to reproduce and publish the copyrighted materials, including the right to sublicense for all Utah school districts and state education institutions. Use of such materials under this exclusion is limited to public institutions in Utah.
copyright, educational policy
1987
September 6, 2007
Art X Sec 3; 53A-1-401(3)
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