No. 35241 (Repeal and Reenact): Rule R277-115. Copyrighting Material Developed with Funds that Flow Through the Board

(Repeal and Reenact)

DAR File No.: 35241
Filed: 09/15/2011 06:24:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide simplified standards and procedures for materials developed with public education funds.

Summary of the rule or change:

The repealed rule focused more on concerns about copyright. The reenacted rule focuses more on local education agency (LEA) ownership of materials produced by LEA employees while on their contract time.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The reenacted rule simplifies standards and procedures which do not result in any costs or savings.

local governments:

There are no anticipated costs or savings to local government. The reenacted rule simplifies standards and procedures for reprinting or reproducing material developed with state public education funds and does not result in any costs or savings.

small businesses:

There are no anticipated costs or savings to small businesses. The reenacted rule provides standards and procedures for requestors to receive permission to reprint or reproduce material developed by the Utah State Board of Education which do not result in any cost or savings to businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The reenacted rule merely simplifies standards and procedures for reprinting or reproducing material developed with state public education funds which do not result in any costs or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The reenacted rule simplifies standards and procedures for reprinting or reproducing material developed with state public education funds and does not result in any compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

[ R277-115. Copyrighting Material Developed with Funds that Flow Through the Board.

R277-115-1. Definitions.

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.

 

R277-115-2. Authority and Purpose.

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.

 

R277-115-3. Reprints of Material Copyrighted by the Board.

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.

 

R277-115-4. Copyrighting Materials.

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.

 

KEY: copyright, educational policy

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3) ]

R277-115. Material Developed with State Public Education Funds.

R277-115-1. Definitions.

A. "Board" means the Utah State board of Education.

B. "LEA" means a local education agency directly responsible for the public education of Utah students, including traditional local school boards and charter school boards.

C. "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.

D. "Utah Public Employees Ethics Act" means the provisions established in Section 67-16-1-14.

E. "USOE" means the Utah State Office of Education.

 

R277-115-2. Authority and Purpose.

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 provide that education materials developed by LEAs or a public education employee using state public education funds are available to Utah educators, that educators licensed by the Board are not personally enriched, consistent with the Utah Public Employees Ethics Act, by developing education materials as part of their public education employment and that the Board receives appropriate and accurate acknowledgment for materials produced or provided or both by the Board for LEAs.

 

R277-115-3. Reprint or Reproduction of Materials Funded or Provided by the Board.

A. The Board or its designee may grant permission to a requester to reprint or reproduce material that was developed or provided for use by public educators with funds controlled by the Board.

(1) Requests for permission to reprint or reproduce materials shall be submitted to the Board in writing or electronically and shall describe:

(a) the specific material to be reproduced or reprinted;

(b) the number of copies requested;

(c) the purpose and intended recipient of the materials;

(d) any proposed cost to recipients.

(2) Requests shall be reviewed and granted on a case-by-case basis.

(3) Any authorized use of Board materials shall require the materials to state in a conspicuous place that the materials were produced or distributed or both using public State Board of Education funds and that the material is reprinted or reproduced with permission from the Board.

(4) The Board may request a copy of the reproduction or reprinted material to be sent to the Board.

B. An individual, entity or organization may not expressly assert or imply Board authorization, including use of the Board seal, of the use of materials reprinted or reproduced with Board funds without express authorization by the Board or its designee.

 

R277-115-4. Materials Developed or Distributed by LEAs Using Public Education Funds.

A. If an LEA develops education materials with public education funds, the LEA shall make the materials available to Utah educators upon request at a cost not to exceed the LEA's actual cost.

B. An LEA may request that the materials are attributed to the LEA that developed the materials.

C. If a public education employee creates or develops education materials as part of the employee's public education employment, the materials are the property of the employer. Sale or other use of the materials may not personally enrich the public employee, consistent with Section 67-16-4(1)(c).

 

KEY: copyright, materials

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)

 

---