Legal Question in Intellectual Property in California

copyright liability...

I work for a school district and I was wondering where liability would lay IF I was instructed to make a copy of something that I thought was copyrighted.

Would it fall on my shoulders to pay any suit?

Am I protected since I am being instructed to make the copies?

Is there a standard form from the government that would indemnify me from suit?

Just wondering, thank you.


Asked on 6/24/08, 8:11 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

Re: copyright liability...

I understand your concern. This can be a tricky area.

I suggest you look for the definition of "fair use." This could help you understand better what you are facing and what implications copying these materials for educational use would entail.

Good Luck!

Read more
Answered on 6/26/08, 2:45 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: copyright liability...

Generally, the employer is liable in these situations, but you should have a close look at your employment contract and any policy/procedure manuals, to make sure you're covered in case there's trouble.

You might also discuss this with your union. The bottom line is that you're being asked to do something that may be illegal. Your union will know whether you're better off refusing to make the infringing copies, or making them and exposing the employer to liability.

There are a number of exceptions and defenses to copyright infringement that may apply to educational use of otherwise protected material, so it'd be wise to ask about it before refusing to make copies.

Tough situation. Good luck

Read more
Answered on 6/25/08, 2:41 am


Related Questions & Answers

More Intellectual Property questions and answers in California