The
Lebo Citizens blog is reporting about the copyright policy advertised on the school district’s web site. In case you’re wondering what the fuss is about, here’s
the policy, in full:
Copyright Notice
© 2012 Mt. Lebanon School District. You are welcome and encouraged to access and print material from the Mt. Lebanon School District website (“Website”) at http://www.mtlsd.org for personal use only. Any other copying, posting to another website, distribution, modification, transmission, or dissemination of any of the Website content is strictly prohibited without the prior written permission from the School District. Please see Terms of Use.
Careful readers will note that I have “violated” the policy by printing it here without the school district’s permission. Am I worried?
Nope.
As law professor and Blog-Lebo alum Mike Madison
helpfully pointed out to Lebo Citizens’ editor, Ms. Gillen, this policy is impotent when it comes to preventing the public from discussing the school district and the things it publishes on its web site. He writes:
This is clearly overbroad and unenforceable. You’d think that the School District would have consulted an actual copyright or trademark lawyer before putting out something so obviously and legally obtuse. Nothing that the School District puts on its website or in its so-called “Terms of Use” can change your rights – or the rights of any other citizen – under the First Amendment and the Due Process Clause of the Fourteenth Amendment. Nothing that the School District puts on its website or in its so-called “Terms of Use” can change the way that copyright law actually works (remember things like the public domain and fair use) or the way that trademark law actually works (things like non-commercial use, nominative use, and fair use – and I’m sorry to lay some legal jargon on you here!).
(That’s only part of Mr. Madison’s response, by the way. You’ll want to
read the whole thing; it’s informative
and entertaining.)
So how did this policy come to be? My guesses:
- Somebody tasked with keeping the school’s web site up to date just borrowed a policy from somewhere else without thinking too much about it.
- The school district is about to offer some e-learning courses of its own and wanted to “protect its IP” with tough-sounding new language.
- The policy has been this way for a long time, but nobody noticed until something on the page changed recently (perhaps the copyright date?) and Google flagged the page for review.
Any other hypotheses?
Other coverage:
Labels: copyright, fun with the law, mt. lebanon school district, school district web site