Copyright Compliance Policy 3230 7330

Purpose

The purpose of this policy is to ensure that the Eastern North Carolina School for the Deaf (ENCSD) complies with all applicable federal copyright laws and promotes the lawful, ethical, and responsible use of copyrighted materials in instructions, operations, technology use, and school communications.  Copyright compliance supports academic integrity, professional responsibility, and respect for intellectual property right while protecting the school from legal and financial liability.

Because technology, digital media, artificial intelligence tools, and online instructional resources are regularly used in the educational program, employees and students must understand their responsibilities regarding the use, reproduction, distribution, performance, and display of copyrighted materials.

I. Policy Statement 

The Board of Trustees expects all employees, students, and other users of school resources to comply with United States copyright law and all licensing agreements governing the use of copyrighted materials.

Copyrighted materials shall not be copied, reproduced, distributed, displayed, performed, transmitted, stored, or modified in violation of applicable law, license agreements, or contractual obligations.

This policy applies to all formats of copyrighted works, including print materials, books, music, videos, films, photographs, artwork, software, websites, digital content, instructional materials, assistive technology platforms, learning management systems, and artificial intelligence-generated content that incorporates copyrighted works.

The Superintendent or designee shall establish procedures and training to support compliance with this policy and alignment with acceptable use, instructional technology, artificial intelligence use, and student privacy protections.

II. Definitions 

For the purposes of this policy, the following definitions apply:

• Copyright: Legal protection granted to creators of original works of authorship, including literary, musical, dramatic, artistic, audiovisual, and digital works, giving the copyright owner exclusive rights to reproduce, distribute, perform, display, and create derivative works.
• Fair Use: A limited exception under federal law that permits certain use of copyrighted materials without permission for purposes such as teaching, scholarship, research, criticism, commentary, and news reporting, based on a case-by-case analysis.
• Public Domain: Works that are not protected by copyright law or whose copyright protection has expired, allowing use without permission.
• Licensed Materials: Materials used under specific contractual permissions, subscriptions, software agreements, or vendor terms that govern how content may be accessed or shared.
• Artificial Intelligence (AI) Content: Content generated, modified, summarized, translated, or created using AI systems, including materials that may incorporate copyrighted source content.

III. Employee Responsibilities 

Employees shall:

1. Comply with copyright laws and licensing requirements when using instructional and professional materials
2. Use only legally obtained software, media, publications, and digital resources
3. Evaluate fair use carefully before reproducing copyrighted works
4. Follow vendor license agreements and subscription terms
5. Provide proper attribution when required
6. Avoid unauthorized duplication or distribution of copyrighted materials
7. Use approved platforms for sharing instructional materials when required
8. Participate in required training regarding copyright compliance, technology use, and academic integrity.

Employees remain professionally responsible for ensuring compliance even when technology tool or AI systems are used to generate or distribute content.

IV. Student Responsibilities 

Students shall be taught age-appropriate expectations regarding academic honesty, intellectual property rights, and responsible use of copyrighted materials.

Students are expected to:

1. Use copyrighted materials only for lawful educational purposes
2. Avoid plagiarism and unauthorized copying of assignments, media, or digital content
3. Use artificial intelligence tools responsibly and honestly
4. Follow teacher guidance regarding research, citations, and source use
5. Respect software licensing and access restrictions
6. Comply with acceptable use expectations and digital citizenship standards

Violations may result in disciplinary action consistent with the Student Code of Conduct and academic integrity expectations.

V. Instructional Use of Copyrighted Materials 

Employees may use copyrighted materials for instructional purposes only when such use is:

1. Authorized by license or subscription;
2. Permitted under fair use provisions;
3. Allowed by public domain status;
4. Supported by written permission from the copyright owner; or
5. Otherwise permitted by law.

Instructional use shall consider accessibility needs for students who are Deaf or hard of hearing including captioning, transcripts, and visual access supports, while maintaining compliance with copyright requirements.

Accessibility accommodations shall not be interpreted as permission for unauthorized duplication beyond what is permitted by law.

VI. Software and Digital Resource Compliance 

• Only legally acquired and properly licensed software, applications, subscriptions, and digital platforms may be installed, accessed, or used on school-owned devices or networks.
• Unauthorized downloading, installation, copying, sharing, or modification of software is prohibited. 
• Employees and students shall not bypass security systems, license restrictions, access controls, or subscription limitations for any digital resource.
• Technology staff shall maintain procedures for software licensing review, renewal, and compliance monitoring.

VII. Artificial Intelligence and Copyright 

The use of artificial intelligence tools must comply with copyright law, licensing requirements, and Board policy.

Employees and students shall not use AI tools to:

1. Circumvent copyright protections;
2. Generate unauthorized copies of protected works;
3. Submit copyrighted content as original work without proper attribution;
4. Violate licensing agreements; or
5. Infringe upon intellectual property rights through unauthorized use of protected content.

Use of AI tools must also comply with Policy 3221 Use of Artificial Intelligence (AI) Tools.

VIII. Recordings and Performances 

School events, classroom instruction, performances, presentations, and media productions involving copyrighted content shall comply with copyright law, performance rights requirements, and licensing obligations.

This includes music performances, theatrical productions, video broadcasts, livestreams, recorded lessons, and digital sharing of instructional content.

Employees shall obtain appropriate permissions when required before recording, reproducing, or publicly sharing copyrighted works.

IX. Monitoring and Enforcement 

The Superintendent or designee shall establish procedures for:

1. Copyright compliance guidance
2. Staff training and awareness
3. Review of reported concerns
4. Investigation of potential violations
5. Corrective action when violations occur
6. Coordination with legal counsel or state agencies when necessary

Violations of this policy may result in disciplinary action, restitution, loss of access privileges, or other consequences consistent with Board policy and applicable law.

Legal References 

• Copyright Act of 1976, 17 U.S.C. § 101 et seq.
• Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
• Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• S. 115C
• State Board of Education Policies

This policy shall be reviewed periodically to ensure alignment with evolving technology practices, legal requirements, accessibility standards, cybersecurity expectations, and the educational needs of students.