W. Va. Code R. § 126-153-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-153-3 - Compliance Requirements

To discourage violation of copyright laws, the following compliance requirements are specified:

3.1. Employees are expected to adhere to the provisions of P.L. 96-517 which allow the making of a backup copy of computer programs.

". . . 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 adaption of that computer program provided":

3.1.a. Such a new copy or adaption is created as an essential step in the utilization of the computer program.

3.1.b. That such a new copy and adaption is for archival purposes only and that all archival copies are destroyed in the event that continued possession should cease to be rightful.

3.2. When software is to be used in a network/server system, appropriate software licenses will be obtained for multi-access use.

3.3. Programs available through the statewide computer network must comply with stipulations of the various purchase agreements.

3.4. Illegal copies of copyrighted programs shall not be made or used on school equipment.

3.5. Under federal law, employees violating the copyright laws may be subject to fines, confiscation of material, and other criminal prosecution (e.g., confinement to prison, revocation of a license, etc.). Violations may also result in the employee's suspension and/or dismissal for insubordination under W. Va. Code '18A-2-8.

3.6. Students are to be taught the ethical and practical problems and consequences of software and media piracy.

3.7. The Department, county boards of education, and RESAs will provide their employees with yearly reminders of their responsibility to adhere to and enforce the copyright laws and will provide in-service if appropriate.

3.7. The school principal shall establish practices to implement this policy at the school level. Examples of such practices would include arranging staff meetings on copyright laws and placing compliance postings on equipment.

W. Va. Code R. § 126-153-3