Administrative Procedure 191: COPYRIGHT AND INTELLECTUAL PROPERTY
Background
In order to ensure that the students will continue to benefit from enhanced delivery of teaching and learning, there will be a requirement by the Division to retain both the resources that are developed by teachers and support staff for support programs offered to students and teachers in the schools, as well as the rights for the utilization and modification of such resources.
To equip teachers and support staff to utilize technology in teaching and learning, the Division has sponsored a variety of programs to make technology available to teachers and support staff. As a result of these opportunities, teachers and support staff have gained expertise in the use of computer software to create teaching and learning applications.
Definitions
Creator of Materials and Resources is any person who develops templates, Hypercard™ Stacks, or information related to an educational program.
Educational Materials and Resources include all computer and multi-media applications, programs, templates, etc., designed to operate on a computer or multi-media hardware, that are capable of being used in a teaching and learning environment.
Procedures
- All educational materials and resources created by employees during the course of their duties with the Division shall be released by the creator to the Division for unlimited use, modification, duplication and distribution within the Division.
- All staff members shall be asked to declare all educational materials and resources as being the property of the Division and as being subject to all laws pertaining to intellectual property and copyright as of the date of the adoption of this Administrative Procedure by the Division.
- All materials and resources created or modified while the creator is in the employ of the Division shall be subject to this Administrative Procedure.
- All new materials and resources shall be submitted to the Secretary-Treasurer for identification.
- Credit to creators of the materials and resources shall be given on the materials and resources. However, this does not in any way mean that copyright protection is not being given first and foremost to the owner (the Division).
- The credit frame shall contain the statement, "This material is the property of the Westwind School Division. This material may be released for unlimited use solely within the Division and shall not be copied, distributed or used in any form whatsoever without the written permission of the Division.”
- The credit frame shall contain the statement, "This material is the property of the Westwind School Division. This material may be released for unlimited use solely within the Division and shall not be copied, distributed or used in any form whatsoever without the written permission of the Division.”
- The creator of educational materials and resources shall not receive any remuneration from the Division other than the contracted salary for the creation of educational resources. The Division shall provide for the physical costs of diskettes and manuals used to retain official copies of the resources.
- All computer software packages and multi-media materials used in the process of creating educational materials and resources are subject to copyright laws regarding the use of these materials, the networking of technology and licensing agreements. All teacher-created materials and resources are to be in compliance with such laws and agreements.
Reference
Copyright Act
Copyright Modernization Act
Council of Ministers of Education (CMEC) Copyright Consortium Guidelines
Copyright Matters!
Fair Dealing Guidelines
Approved: August 21, 2018
Reviewed: July 2021
Last Updated: July 14, 2021