This document sets forth the policies of the Boy Scouts of America regarding the copying of documents, music, and materials in electronic form.

It is the policy of the Boy Scouts of America to respect the copyrights of others. With very few exceptions, all written material, visual material, music and sound recordings, and electronically created material is protected by federal copyright. This includes, for example, books, magazines, newsletters, music, computer software, and materials displayed on the Internet. Employees should not copy software programs, download material from the Internet, or copy non-BSA materials even for internal circulation. Under existing federal copyright law, material may be protected by copyright even if it does not have a copyright notice.

Materials that originate with and are authored by employees of the Boy Scouts of America are considered to be BSA materials for which the BSA owns the copyright. Reproduction and distribution of BSA materials by BSA employees do not require a license. Reproduction and distribution of third-party materials, however, may.

There is no general educational-use or nonprofit organization exemption to use copyrighted materials. The fair-use doctrine permits limited use of copyrighted materials without the copyright owner’s permission under some circumstances.

Four factors are considered in determining whether the fair-use doctrine applies:

• Whether the use of the copyrighted material is for a nonprofit or commercial purpose;
• the nature of the copyrighted material;
• the portion of the copyrighted material actually used in relation to the whole work; and
• the effect of the proposed use on the market for that work.

In the majority of instances, the fair-use exception will not permit use of copyrighted material without a license. Accordingly, BSA employees should assume that, unless specifically advised by the Legal Department, there is no fair-use exception available for use of third-party materials. The Legal Department is the only department at the BSA that is qualified to determine what constitutes a "fair use."

The use of third-party materials in BSA publications may require the need for a license. Obtaining and negotiating these licenses can be time-consuming and expensive. If you foresee the need for a license to use copyrighted material in a document to be published or distributed by the BSA, it is essential that you contact the Legal Department at the earliest possible date to obtain clearance to use the material.

Violations of this policy may result in disciplinary action and even discharge. In addition, BSA employees may be held personally responsible for illegal copying under some circumstances.

Questions about the BSA's Copyright Policy should be directed to the General Counsel, David K. Park at 972-580-2005.