BOARD POLICY - 4132

The Board of Education recognizes that district employees may create copyrightable materials at work, at home, or both at work and at home.

Materials written or developed by an employee during the normal school day are considered district property.

Materials developed during both school and leisure hours are owned jointly by the employee and the district. In such cases, the Superintendent or designee shall ensure that a contractual agreement is made, clarifying the joint ownership.

The Board may secure copyrights in the name of the District for all copyrightable works developed by the District. All royalties or revenues from these copyrights shall be used for the benefit of the District.

Legal Reference:
EDUCATION CODE
32360 Copyrights; use of funds
32361 Copyrights; use of employee work-time
35170 Authority to secure copyrights
35182 Marketing or licensing non-educational software
60076 Royalties or other compensation
LABOR CODE
2870-2872 Inventions made by an employee
UNITED STATES CODE, TITLE 17
201 Federal copyright law
201a Federal copyright law

Policy Adopted: August 27, 2002