An Administrator's Guide to California Private School Law Compendium

 If a school becomes aware that another person or entity is using its trademarks, it must take prompt action to notify the infringer of its rights and to demand that the infringer cease and desist using the trademark.  If the offending party does not cease and desist from using the trademark, consult with counsel experienced in intellectual property matters and consider filing an action in federal court to protect and enforce the school’s rights.

2. Copyrights Acquiring Copyrights 

Identify the school’s original artistic or literary works, which may include, among other things, computer programs, art, video footage, recorded music, songs, photography, poems, and essays.  While it is not necessary, it is recommended that the school register the copyright because doing so creates a legal presumption of ownership.  Include clear language in employee handbooks and/or employee contracts that provides employees with notice that the copyrights of all original works in a fixed medium created during their scope of employment belong to the school and not the employee. The school should also consider having employees sign an acknowledgment that that they have read the policies and understand that works created during the course of their employment belongs to the school.  Include notice of the school’s copyright in a work by listing the name of the school, the year of publication, and the copyright symbol ©.  Enter into work-for-hire agreements with individuals commissioned to create work for the school, i.e. creating art work, music, photographs or a computer program, to ensure that the school is the owner of the copyright for these materials.  Note: if the work is created outside of the scope of employment, then the school cannot claim ownership absent an agreement stating otherwise. To the extent the school is utilizing the copyrighted work of others, make sure the use falls under the “fair use” exception or that the school has an express license to use the work.  The educational exemption applies if the copyrighted work is part of the systematic course of instruction and: (1) directly involves instructional activities in a classroom; and (2) directly applies to the purpose of the course.  The educational exemption does not apply to performances in an auditorium or stadium during a school assembly, graduation ceremony, class play or sporting event where the audience is not confined to members of a particular class. Avoiding Copyright Infringement 

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 260