File No. 35241
This rule was published in the October 1, 2011, issue (Vol. 2011, No. 19) of the Utah State Bulletin.
Copyrighting Material Developed with Funds that Flow Through the Board
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 35241
Filed: 09/15/2011 06:24:04 PM
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The repealed rule focused more on concerns about copyright.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.
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.
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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
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
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
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
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
B. Requests for permission to reprint shall be submitted
to the Board in writing and shall describe:
(1) the specific published material to be
(2) the work in which the copyrighted material will
(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
E. One copy of the work within which the reprinted
material appears shall be sent to the Board upon its
F. The Board or its designee shall develop forms and
accounting procedures to carry out the purposes of this
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) ]
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20111001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com.