Copyright Infringements

Unauthorized duplication of copyrighted information or data and software packages is a direct infringement of the federal copyright law (see Federal section), Title 17 Copyrights §117.

The Technology Department avidly supports Conroe Independent School District's policies and the federal statutes regarding copyright infringement. It is illegal to make, use, or pass along unauthorized copies of software, graphics, music or any other creative art or intellectual property for multimedia projects or any other use. This includes the copying of software programs. Anyone who engages in illegal copying shall be subject to disciplinary action under the District’s policies and, in addition, shall be subject to criminal prosecution under state and federal statutes.

Guidelines for the Use of Computer Software

Copying, adapting, and electronically transmitting computer software is strictly forbidden except:

    1. In strict compliance with Public Law 96-517, Section 10(b), which, in amending Section 117 of Title 17 U.S. Code to allow for the making of computer software back-up copies, states in part "...it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
      1. That such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
      2. That such a new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful."
    2. Where appropriate written consent (from the holder of such copyright) is obtained.
    3. Where the software is in the public domain--and that can be proved.
  1. As with phonograph records, computer programs (under PL 101-650) may not be rented, leased, or loaned for direct or indirect commercial advantage.
  2. Stand-alone CD-ROM programs may not be installed on multiple computers.
  3. Illegal copies of software may not be used on school district computers.

Infringement of Copyrights on Computing Software

  1. Conroe Independent School District disallows the unauthorized copying or electronic transmission of computer software, computer data, and software manuals, unless appropriate written consent is obtained. Any indication of such will be promptly and thoroughly investigated by the District.
  2. Such unauthorized duplication is grounds for disciplinary action and referral to the appropriate law enforcement or investigative agency.

Guidelines for the Use of Audiovisual Materials

  1. The Copyright Act grants to the owners of audiovisual works the right to control the public display and public performance of their works. The Act defines "audiovisual works" to include motion pictures, filmstrips, slide sets, and other works consisting of a series of images, together with accompanying sounds, if any, regardless of the storage medium. Thus, an audiovisual work might be stored on film, videotape, CD-ROM, computer disk, or other storage medium. The Act also defines the terms "public display" and "public performance" to include most uses of audiovisual works in the classrooms and libraries of the District.
  2. The Act limits the right of copyright owners to control public displays and performances of their works if the displays or performances fall within the educational exemption or the fair use limitation (see section 1.c.).
  3. Displays and performances of audiovisual works (including those labeled "For Home Use Only") fall within the educational exemption under the following conditions:
    1. They must be directly related to the educational mission of the class (displays or performances to reward the class for any reason do not qualify);
    2. They must be shown by the instructor(s) and/or student who comprise the class (a guest lecturer, including a librarian, who has been invited officially to be a part of the class on that occasion may substitute for the instructor);
    3. They must be shown in a classroom or other school location dedicated to instruction (a studio, workshop, library, gymnasium, auditorium, or other location would qualify if it is used for instruction);
    4. They must be shown where the students and the instructor(s) and/or guest lecturer (see section 5.c.2.) are in the same general area, such as the same building (broadcasting by radio or television or transmitting by cable system does not qualify);
    5. They must be shown only to the instructor(s) and/or guest lecturers and the students enrolled in that class (meetings open to the public, such as sporting events, graduation, and community events do not qualify); and,
    6. They must be from lawfully made copies (i.e. not illegally made or acquired).
  4. Displays and performances of audiovisual works (including those labeled "For Home Use Only") fall within the fair use limitation if they are directly related to teaching, scholarship, or research and take place in a location that will limit attendance to students viewing the display or performance for educational purposes. For example, students may view a video tape assigned by their instructor in preparation for their next class in a library viewing room, if the location generally prevents students not in the class from viewing. The fair use limitation does not apply to displays or performances of audiovisual works for purposes not directly related to the teaching, scholarship, and research mission of the District.