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HomeEducation CodeCh. 1Art. 2§ 1045 County Board Material Distribution

§ 1045 County Board Material Distribution

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1045 County Board Material Distribution

County school boards can sell, give away, trade, or license the books and other written materials they create, and they can let others use those materials as long as they follow the board’s rules.

Key Takeaways

  • •Boards can sell, give, or trade their own publications with anyone unless board rules say otherwise.
  • •Boards can license the copyright in those publications to the same people and for the same reasons.
  • •Public agencies (like other schools or government offices) must be given a license unless a private publisher already has an exclusive deal, and any fee charged can’t be more than the board’s cost to make the material.

Example

A county school board writes a guide on how to teach math to 5th‑graders. A nearby community college wants a copy for its teacher‑training program.

The board can give the guide to the college for free, sell it, or trade it for a similar guide, and it can also let the college copy the guide. The college only has to pay the actual cost of making the guide, not a big profit margin.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1045 County Board Material Distribution

Any county board of education may, in accordance with regulations adopted by the board and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the board in connection with the curricular and special services that the board is authorized to perform. Unless restricted by the regulations of the board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution. Any county board of education may also license the use of copyrights held by the board, to the same persons or entities and for the same purposes as provided in the prior paragraph. The board shall grant such a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher. Any charge which may be assessed such a public agency for the license to use the copyright or for materials, to which the board holds the copyright, shall not exceed the cost to the board of the preparation and reproduction of the materials. Any granting of a license, by a county board of education, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Section 1 of Article IX of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 10, 2026

Key Terms

county board of educationpublished materialseducational usepublic purposeSection 1 of Article IX of the California Constitutionlicense the use of copyrights

Related Statutes

  • § 1043 County Education Board Transfer
  • § 1044 County Board Copyright Ownership
  • § 1046 County Dormitories For Disabled
  • § 1047 County Education Board Eminent Domain
  • § 1048 County School Property Leases

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 1045.
View Official Source