USE OF COPYRIGHTED MATERIALS
Introduction
It is the intent of the College that all college members adhere to the provisions
of the United States Copyright Law (Title 17, United States Code, Sect. 101, et
seq.), and this policy. The following statements and guidelines apply to anyone
at the College who wishes to reproduce, alter, or perform works that are
protected by copyright. Since copyright protection applies to a variety of
creative works printed materials, sound recordings, video recordings, visual
artworks, computer software, and others this policy has been constructed to
address issues related to the use of particular types of media.
Full text of the law and its legislative history, plus subsequent
analysis and commentary, are available in the Library. Librarians may be able
to advise and assist in researching problems not specifically addressed in this
policy.
Members of the College community who willfully disregard the copyright
policy do so at their own risk and assume all liability.
I. What is
Copyright?
A. Definition
Copyright is a form of legal protection for authors of original works,
including literary, dramatic, musical, artistic, and other intellectual
products. Publication is not essential for copyright protection, nor is the
encircled "c" symbol. Section 106 of the Copyright Act (90 Stat 2541)
provides the owner of copyright the exclusive right to do and to authorize any
of the following: 1) Reproduce copies of the work. 2) Prepare derivative works
based on the copyrighted work. 3) Distribute copies of the work by sale,
rental, lease, or lending. 4) Publicly perform the work (if it is a literary,
musical, dramatic, or choreographic work or a pantomime, motion picture or
audiovisual work). 5) Publicly display the work (if it is a literary, musical,
dramatic, choreographic, sculptural, graphic, or pictorial work including the
individual images of a film or a pantomime). The copyright owners retain these rights even when the work itself
belongs to someone else. However, the rights are not absolute. They are subject
to both "Fair Use" limitations, which apply to all media, and medium
specific limitations.
B. Fair Use
The doctrine of fair use, denoted in section 107 of the Copyright Act of
1976, addresses the needs of scholars and students by mitigating the rights of
copyright ownership. However, what constitutes fair use is expressed in the
form of guidelines rather than explicit rules. To determine fair use, the following four factors need
to be considered [from The Copyright Primer for Librarians and Educators, by
Janis H. Bruwelheide;
1. The purpose and character of
the use, including whether the copied material will be for nonprofit,
educational, or commercial use. This factor at first seems reassuring; but
unfortunately for educators, several courts have held that absence of financial
gain is insufficient for a finding of fair use.
2. The nature of the
copyrighted work, with special consideration given to the distinction between a
creative work and an informational work. For example:
a. Photocopies made of a
newspaper or newsmagazine column are more likely to be considered a fair use
than copies made of a musical score or a short story.
b. Duplication of material originally
developed for classroom consumption is less likely to be fair use than is the
duplication of materials prepared for public consumption. For example:
A teacher who photocopies a workbook page or a textbook chapter is depriving
the copyright owner of profits more directly than if copying one page from the
daily paper.
3. The amount, substantiality,
or portion used in relation to the copyrighted work as a whole. This factor
requires consideration of:
a. the proportion of the larger
work that is copied and used, and
b. the significance of the copied
portion.
4. The effect of the use on the
potential market of the copyrighted work. This factor is regarded as the most
critical one in determining fair use; and it serves as the basic principle from
which the other three factors are derived and to which they are related:
If
the reproduction of a copyrighted work reduces the potential market and sales and,
therefore, the potential profits of the copyright owner, that
use is unlikely to be found a fair use.
C.
Permission For Copying In Excess Of Fair Use
All
employees, including faculty, must obtain written permission from the copyright
owner to copy a large portion of a work or an entire work, or to produce
multiple copies of chapters or periodical articles in excess of fair use.
II. Printed Materials - Works That May Be Used Freely
Occasionally, scholarly publications such as journal articles include a
note offering the right to copy for educational purposes. Some categories of
publications are in the public
domain; that is, their use is not protected by copyright law:
A. Works published before 1923.
B. Works that do not include a
copyright notice and were first published before
C. Most
Once a work has acquired public domain status it is no longer eligible
for copyright protection. Before assuming that a work is in the public domain,
research its status.
III. Photocopy
A. Printed Materials Other Than Music: What Quantity Conforms to the
Law?
The
agreement on Guidelines for classroom copying below, though widely considered
to be too restrictive for academic needs, does define the limits within which
we can be sure of complying with copyright law. Somewhat more extensive copying
may be sanctioned by the fair use guidelines.
Agreement on Guidelines for Classroom Copying in Not-For-Profit
Educational Institutions with Respect to Books and Periodicals
The
purpose of the following guidelines is to state the minimum and not the maximum
standards of educational fair use under Section 107 of H.R. 2223. The parties
agree that the conditions determining the extent of permissible copying for
educational purposes may change in the future; and conversely that in the
future other types of copying not permitted under these guidelines may be
permissible under revised guidelines. Moreover, the following statement of guidelines is not intended to
limit the types of copying permitted under the standards of fair use under
judicial decision and which are stated in Section 107 of the Copyright Revision
Bill. There may be instances in which copying which does not fall within the
guidelines stated below may nonetheless be permitted under the criteria of fair
use.
1. Single Copies for Scholarly Needs
A single copy may be made of any of the following by or for a teacher
at his or her individual request for his or her scholarly research or use in
teaching or preparation to teach a class:
a. A chapter of a book.
b. An article from a newspaper
or periodical.
c. A short story, short essay,
or short poem, whether or not from a collective work.
d. A chart, diagram, drawing,
graph, cartoon, or picture from a book, periodical or newspaper.
2. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than one copy per
pupil in a course) may be made by or for the teacher giving the course for
classroom use or discussion, provided that:
a. The copying meets the tests
of brevity and spontaneity as defined below; and,
b. Meets the cumulative effect
test as defined below; and,
c. Each copy includes a notice
of copyright.
3. Definitions:
a. Brevity
(1) Prose: Either (a) a complete
article, story or essay of less than 2,500 words, or (b) an excerpt from any prose
work of not more than 1,000 words or 10% of the work, whichever is less, but in
any event an excerpt of up to 500 words.
(2) Poetry: (a) A complete poem if
less than 250 words and if printed on not more than two pages, or (b) an
excerpt of not more than 250 words. (Each of the numerical limits above may be expanded to permit the
completion of an unfinished prose or line of a poem).
(3) Illustration: One chart, graph, diagram,
drawing, cartoon or picture per book or periodical issue.
(4) Special Works: Certain works in poetry or
prose or in "poetic prose", which may combine language with
illustrations and which fall short of 2,500 words, may not be reproduced in
their entirety. However, an excerpt comprising not more than two of the published
pages of such a work, and containing not more than 10% of the words found in
the text, may be reproduced.
b. Spontaneity
(1) The copying is at the
instance and inspiration of the individual instructor.
(2) The inspiration and decision
to use the work and the moment of its use for maximum teaching effectiveness
are so close in time that it would be unreasonable to expect a timely reply to
a request for permission.
c. Cumulative Effect
(1) The copying of the material is for only one course, at
(2) Not more than one short poem, article, story, essay or two excerpts
may be copied from the same author, nor more than three
from the same collective work or periodical volume during a term.
(3) There shall not be more than nine instances of such multiple
copying for one course during a term.
(The
limitations stated above shall not apply to current news periodicals and newspapers
and current news sections of other periodicals)
(4)
Prohibitions as to 1 and 2 Above
Not withstanding any of the above, the following shall be prohibited:
a. Copying shall not be used to
create or to replace or substitute for anthologies, compilations or collective
works. Such replacement or substitution may occur whether copies of various
works or excerpts there from are accumulated or reproduced and used separately.
b. There shall be no copying of
or from works intended to be "consumable“ in
the course of study or of teaching. These include workbooks, exercises,
standardized tests and test booklets and answer sheets and like consumable
materials.
Copying shall not:
(a) substitute for the purchase of books,
publishers' reprints or periodicals.
(b) be directed by higher
authority.
(c) be repeated with respect to
the same item by the same teacher from term to term.
c. No charge shall be made to the student beyond the actual cost of the
photocopying.
B. Course Packets
Copyright litigation involving academic users has focused on those
"anthologies", which are perceived as substituting for textbooks and
thus as reducing the potential market for copyrighted publications. Every
article or chapter in a course packet, if derived from copyrighted material,
requires permission, either from the copyright owner (usually the publisher) or
through a royalty fee paid to the Copyright Clearance Center. Each item
in the packet also must include a notice of copyright e.g., "Copyright 1990
by Academic Books, Inc." Individuals who purchase course packets should
not be charged in excess of production cost and any royalty fees. Call Library
Services for information on seeking permission or help in finding publishers'
addresses. Expect several weeks delay in cases where copyright owners are
elusive.
C. Music for Educational Purposes
The following segment, which is an official part of the Copyright Act’s
legislative history, defines guidelines within which we can be sure of copying
within copyright law when copying music. Somewhat more extensive copying may be
sanctioned by the fair use provisions of the law.
The purpose of the following guidelines is to state the minimum and not
the maximum standards of educational fair use under 107 of H.R. 2223 is below:
The parties agree that the conditions determining the extent of
permissible copying for educational purposes may change in the future; that
certain types of copying permitted under these guidelines may be permissible in
the future, and conversely that in the future other types of copying not
permitted under these guidelines may be permissible under revised guidelines.
Moreover, this statement is not intended to limit the types of copying
permitted under the standards of fair use under judicial decision and which are
stated in '107 of the Copyright Revision Bill. There may be instances in which
copying which does not fall within the guidelines stated below may nonetheless
be permitted under the criteria of fair use.
1. Permissible Uses
a.
Emergency copying to replace purchased copies which for any reason are
not available for an imminent performance provided purchased replacement copies
shall be substituted in due course.
(1) For academic purposes other than
performance, single or multiple copies of excerpts of works may be made,
provided that the excerpts do not compromise a part of the whole which would
constitute a performable unit such as a section, movement or aria, but in no
case more than 10 percent of the whole work. The number of copies shall not
exceed one copy per pupil.
(2) For academic purposes other
than performance, a single copy of an entire performable unit (section,
movement, aria, etc.) that is, (1) confirmed by the copyright proprietor to be
out-of-print or (2) unavailable except in a larger work, may be made by or for
a teacher solely for the purpose of his or her scholarly research or in
preparation to teach a class.
b. Printed copies which have been
purchased may be edited or simplified provided that the fundamental character
of the work is not distorted or the lyrics, if any, altered or lyrics added if
none exist.
c. A single copy of recordings
of performances by students may be made for evaluation or rehearsal purposes
and may be retained by the educational institution or individual teacher.
d. A single copy of a sound
recording (such as a tape, disc or cassette) of copyrighted music may be made from
sound recordings owned by an educational institution or an individual teacher
for the purpose of constructing aural exercises or examinations and may be
retained by the educational institution or individual teacher. (This pertains
only to the copyright of the music itself and not to any copyright which may
exist in the sound recording.)
2. Prohibitions
a. Copying to create or replace
or substitute for anthologies, compilations or collective works.
b. Copying of or from works
intended to be "consumable" in the course of study or of teaching
such as workbooks, exercises, standardized tests and answer sheets and like
material.
c. Copying for the purpose of
performance, except as in A(1) above.
d. Copying for the purpose of substituting
for the purchase of music, except as in A(1) and A(2)
above.
e. Copying without inclusion of
the copyright notice which appears on the printed copy.
D. Packets of
Photocopied Music Excerpts See section B above, "Course Packets."
E. Photocopies
Obtained Through Interlibrary Loan
Section 108(d)
of the Copyright Law of 1976 specifies that a library may copy "no more
than one article or other contribution to a copyrighted collection or
periodical issue, or . . . a small part of any other copyrighted work."
The copy must become the property of the requestor, and its use is limited to
"private study, scholarship, or research."
Interlibrary
Loan activities are further restricted in the aggregate by the Commission on
New Technological Uses of Copyrighted Works (CONTU) Guidelines", which cap the amount of photocopying the Interlibrary Loan office
can request for the College community in any calendar year without paying
royalties. The thrust of the "Guidelines" is to quantify the maximum
number of photocopied articles that can be requested from the most recent five
years of a periodical to which the library does not subscribe. Individuals
requesting copies in excess of the CONTU allowance may be asked to pay a
royalty or the fee necessary to obtain such copies commercially.
F. Notice -
Warning Concerning Copyright Restrictions
1. The Library
is legally obligated to display prominently the following notice and to include
the same text on all Interlibrary Loan request forms:
The copyright
law of the
Under certain
conditions specified in the law, libraries and archives are authorized to
furnish a photocopy or other reproduction. One of these specified conditions is
that the photocopy or reproduction is not to be "used for any purpose
other than private study, scholarship, or research." If a user makes a
request for, or later uses, a photocopy or reproduction for purposes in excess
of "fair use," that user may be liable for copyright infringement.
The College reserves the right to refuse to accept a copying
order if, in its judgement, fulfillment of the
order would involve violation of copyright law.
2. Photocopy
Machines
Every photocopy
machine on campus must include effective signage incorporating the following
text:
Notice: The
copyright law of the
When so posted,
the law (Section 108(f) (1)) gives libraries and archives protection from
liability from contributory infringement when patrons use reproducing equipment
provided by the library or archive. Though aimed primarily at photocopiers, the
law is broad enough to include other types of equipment including computers and
audio-visual equipment which is available for unsupervised use. Notices should
be displayed on all such equipment.
IV. Library Reserve
At the request of a faculty or staff member, the library may place on
reserve photocopied excerpts from copyrighted works in its collection in
accordance with guidelines governing formal classroom distribution for
face-to-face teaching discussed above. The College believes that these
guidelines apply to the library reserve shelf to the extent that it functions
as an extension of the classroom or reflects an individual student's right to
photocopy for personal scholastic use under the doctrine of fair use. In
general, librarians may keep photocopies of copyrighted materials on reserve
for the convenience of students both in preparing class assignments and in
pursuing informal educational activities that higher education requires, such
as advanced independent study and research.
If the request calls for only one copy of an item to be placed on
reserve, the library may place on reserve an entire article, or an entire
chapter from a book, or an entire poem. Requests for multiple copies on reserve
should meet the following guidelines:
1. The amount of material
should be reasonable in relation to the total amount of material assigned for
one term of a course taking into account the nature of the course, its subject matter
and level (17 U.S. C. 107(1) and (3)).
2. The number of copies should
be reasonable in light of the number of students enrolled, the difficulty and
timing of assignments, and the number of other courses that may assign the same
material (17 U.S.C. 107 (1) and (3)).
3. The material should contain
a notice of copyright (see 17 U.S.C. 401).
4. The effect of photocopying
the material should not be detrimental to the market for the work. (In general,
the library or the instructor should own a copy of the work.) (17 U.S.C. 107
(4)).
A. How many
photocopies of an item may be placed on reserve?
Library Services
routinely accepts single photocopies of copyright protected chapters, articles,
etc. The photocopies are considered to be the instructor's property. Although
copyright law prohibits libraries from systematic copying to enhance their
collections, an instructor may provide duplicate photocopies (five at most)
when a course is large enough to require more than one copy of an assigned
photocopy. If an original is not owned by the Library or the instructor, the
instructor must provide written permission or indication of royalty payment for
photocopies in excess of one.
B. How many
photocopied items are permitted on reserve for a course?
1. Items
from one source. The amount of material should be reasonable in relation to
the size of the source. Ordinarily, two chapters from a book or two articles
from a periodical would be considered reasonable. Greater proportions of
copyright protected sources will be accepted for reserve only with written
permission from the copyright owner or indication of royalty payment.
2. Items
from multiple sources. There are several relevant considerations, including
the four factors which determine fair use; the Guidelines for Classroom Copying
In Not-For-Profit Educational Institutions (see section III of this policy);
and recent judicial history. A reasonable number will, in most instances, be
less than six, but factors such as the length or difficulty of the assignment,
the number of enrolled students, and the length of time allowed for completion
of the assignment may permit more in unusual circumstances. Still, the
quantitative threshold for exceeding fair use is problematic. However, current
opinion on academic applications of the copyright law is consistent in regard
to course packets derived from copyright protected materials as outside the
bounds of fair use. Consequently, course packets will not be accepted for library
reserve without indication of the necessary permission or royalty payment.
C. Notice and
Citation
Copies on
Reserve must be marked with the following:
NOTICE: This
material may be protected by copyright law (Title 17 U.S. Code).
Copies on reserve
must also include a complete citation for the source.
D. Music
Reserves
Special
restrictions apply to music reserves. (See section III on photocopying music).
V. Unpublished Works
Manuscripts, letters and other unpublished materials are likely to be
protected by copyright regardless of age, even if they lack a notice of
copyright. Consult a Librarian for assistance. Copies may usually be made for
individual researchers under the law's Fair Use provisions.
VI. Audiovisual Materials
A. Films and Video
1. Classroom Use
Possession of a
film or video does not confer the right to show the work. The copyright owner
specifies, at the time of purchase or rental, the circumstances in which a film
or video may be "performed." Use of these media is permitted in an
educational institution so long as certain conditions are met.
Section 110 (1)
of the Copyright Act of 1976 specifies the following conditions:
Performance or
display of a work by instructors or pupils in the course of face-to-face
teaching activities of a non-profit educational institution, in a classroom or
similar place devoted to instruction, unless, in the case of a motion picture
or other audiovisual work, the performance, or the display of individual images
is given by means of a copy that was not lawfully made...and that the person
responsible for the performance knew or had reason to believe was not lawfully
made.
Additional text
of the Copyright Act and portions of the House Report (941476) combine to
provide the following, more detailed list of conditions [from Virginia M.
Helms, supra]:
a. They must be shown as part
of the instructional program.
b. They must be shown by
students, instructors, or guest lecturers.
c. They must be shown either in
a classroom or other school location devoted to instruction such as a studio,
workshop, library, gymnasium, or auditorium if it is used for instruction.
d. They must be shown either in
a face-to-face setting or where students and teacher(s) are in the same building
or general area.
e. They must be shown only to
students and educators.
f. They must be shown using a
legitimate (that is, not illegally reproduced) copy with the copyright notice
included.
Further, the relationship
between the film or video and the course must be explicit. Films or videos,
even in a "face-to-face" classroom setting, may not be used for
entertainment or recreation, whatever the work's intellectual content.
2. Use Outside the Classroom
Besides use in
classrooms, videocassettes and videodiscs that are owned by the College may
ordinarily be viewed by students, faculty or staff at workstations or in small
group rooms such as those available in the
3. Copying
Videotapes/Off-Air Recording of Broadcasts, Including Satellite TV
Copying
videotapes without the copyright owner's permission is illegal. An exception is
made for libraries to replace a work that is lost or damaged if another copy
cannot be obtained at a fair price [Section 108 of the Copyright Act of 1976].
Licenses may be
obtained for copying and off-air recording. Absent a formal agreement,
"Guidelines for Off-the-Air Recording of Broadcast Programming for
Educational Purposes," an official part of the Copyright Act's legislative
history, applies to most off-air recording by nonprofit educational
institutions [from Virginia M. Helms, supra]:
a. Videotaped recordings may be
kept for no more than 45 calendar days after the recording date, at which time
the tapes must be erased.
b. Videotaped recordings may be
shown to students only within the first 10 school days of the 45-day retention
period.
c. Off-air recordings must be
made only at the request of an individual instructor for instructional
purposes, not by staff in anticipation of later requests.
d. The recordings are to be
shown to students no more than two times during the 10-day period, and the
second time only for necessary instructional reinforcement.
e. The taped recordings may be
viewed after the 10-day period only by instructors for evaluation purposes,
that is, to determine whether to include the broadcast program in the
curriculum in the future.
f. If several instructors
request videotaping of the same program, duplicate copies are permitted to meet
the need; all copies are subject to the same restrictions as the original
recording.
g. The off-air recordings may
not be physically or electronically altered or combined with others to form
anthologies, but they need not necessarily be used or shown in their entirety.
h. All copies of off-air
recordings must include the copyright notice on the broadcast program as
recorded.
i. These guidelines apply only
to nonprofit educational institutions, which are further expected to establish appropriate
control procedures to maintain the integrity of these guidelines.
Certain public
broadcasting services (Public Broadcasting Service, Public Television Library,
Great Plains National Instructional Television Library, and Agency for Instructional
Television) impose similar restrictions but limit use to only the seven-day
period following local broadcast [Virginia M. Helms, supra].
4. Network
Distribution of Video
The College
negotiates for closed circuit distribution rights, if possible, when purchasing
access to satellite broadcasts or obtaining works on videotape. Without
explicit permission for closed circuit distribution, network transmission of a
video is not permissible unless "Classroom Use" guidelines are met.
(See Number I above, Classroom Use)
B. Sound
Recordings
1. Non-Music
Recordings
Cassettes or
disks may not be copied unless replacement recordings from a commercial source
cannot be obtained at a fair price. Recording brief excerpts is considered fair
use, however.
2. Music
Recordings
A single copy
may be made for the purpose of constructing aural exercises or examinations.
Otherwise, the restrictions on copying non-music recordings apply.
C. Slides and
Photographs
1. Reproduction
Whenever possible, the college will either purchase slides and
photographs from authorized sources or will borrow from institutions which
offer licensing for single copy reproduction. In either case, further copying
would be prohibited.
Occasionally, slides of copyrighted images that are needed for
classroom purposes cannot be obtained readymade in a timely fashion. If the
process of slidemaking would fail to meet Fair Use
requirements, the requestor must demonstrate that the copyright owner has
granted permission.
2. Display
Copyright ownership of slides and photographs encompasses control over
display as well as reproduction. However, Section 110 of the Copyright Act of
1976 addresses the display of copyrighted slides and photographs in educational
settings by allowing "display of a work by instructors or pupils in the
course of facetoface teaching activities of a
nonprofit educational institution, in a classroom or similar place devoted to
instruction" so long as the copy of the artwork was lawfully made.
Furthermore, the purpose of the display must be integral to the course.
VII. Educational Multimedia Fair Use
This section of the policy summarizes key elements of the Educational
Multimedia Fair Use Guidelines (1996). These guidelines were developed due
to the efforts of the Consortium of Colleges and Universities Media Centers
(CCUMC) which convened a group of interested parties to develop guidelines to
assist educators, scholars, and students in determining fair use when including
portions of copyrighted works in multimedia programs. This group became a part
of the Conference on Fair Use (CONFU) which met for two (2) years attempting to
negotiate guidelines for educational uses of digital works. These guidelines do
not represent a legal document and are not legally binding. They do represent
an agreed upon interpretation of the fair use provisions of the Copyright Act
by the institutions and organizations which endorsed them. While only the
courts can decide if a particular use of copyrighted materials falls within the
fair use provisions, the guidelines are an attempt to give educators and
students some quantitative guidance in using copyrighted works in their
multimedia projects. The Guidelines specify how much of copyright protected
sources may be included in multimedia products prepared by students or faculty
members for course-related work. Use of larger portions requires permission
from copyright owners. Educators may use their Multimedia production containing
copyrighted material for teaching purposes for up to two years after the first
instruction with a class. Use in the classroom beyond two years requires
obtaining permission for each copyrighted portion. If an educator wants to
commercially reproduce or distribute the work, copyright permission must be
obtained for all copyrighted material included. Creators of multimedia products
may prepare no more than three copies -- one copy for use, one for library
reserve, and one for preservation and replacement purposes only. An exception is
allowed for joint projects: each principal creator may retain a copy.
A. Portion
Limitations by Media Type
1. Motion Media
Up to 10% or 3
minutes of a single source, whichever is less.
2. Text
Up to 10% or 1000 words of a source, whichever is less.
An entire poem of less than 250 words, but no more than 3
poems or excerpts by one poet. No more than 5 poems or excerpts from one
anthology.
3. Music,
Lyrics, Music Video
Up to 10% but
not more than 30 seconds total from an individual work.
4. Illustrations,
Photographs
No more than 5
images by one artist or photographer. No more than 10% or 15 images, whichever
is less, from any single published work.
5. Numerical Data Sets
Up
to 10% or 2500 fields or cell entries, whichever is less.
6. Internet Sources
Though it can
be difficult to determine what is copyright protected and what is in the public
domain, the multimedia creator is responsible for adhering to copyright law.
B. Notice - Opening Screen
The following notice
must be displayed on the opening screen and on any accompanying print material:
"Certain
materials are included under the fair use exemption of U.S. Copyright Law and
have been prepared according to the educational multimedia fair use guidelines
and are restricted from further use."
Sources must be
credited and the copyright notice and ownership information display if shown in
the original source. Crediting the source must adequately identify the source
of the work, giving a full bibliographic description where available (including
author, title, publisher, and place and date of publication). The copyright
notice includes the word "Copyright" or the copyright symbol, the
name of the copyright holder, and the year of first publication.
C. Integrity of
Sources
Any alterations
of copyrighted items must be noted.
VIII. Computer
Software and Information Technology
Keep in mind
that any information or work accessible using information technology has the
same copyright protection as a work in a traditional print format. So the
content of a commercial database, text and images found on the Internet, web
pages, and even e-mail messages are potentially copyrighted works which should
not be used without the permission of the copyright holder or used only within
the guideline of fair use or any negotiated licensing agreement.
The College
negotiates site licenses with software vendors whenever possible for software
products that are selected for extensive use. These arrangements provide the
College community with efficient access to computer programs that support the
curriculum, while assuring the copyright owner a fair royalty.
Software
products that are not licensed to the College may also be used. However,
copying is strictly limited except for backup purposes. Whether the software is
transferred from the original to a hard disk or to an archival diskette, the
backup copy is not to be used as long as the other copy is functional.
Employees of the College are expected to use software in compliance with the licensing
agreement.
Copyright law is
acknowledged to be inadequate in relation to the complexities of software use.
EDUCAUSE, a nonprofit organization that supports the use of technology in
education, launched the EDUCAUSE Software Initiative, which developed a
statement of principle intended for adaptation and use by individual colleges
and universities. Its text is reproduced in full below:
A. The
EDUCAUSE/Code-Software and Intellectual Rights
Respect for
intellectual labor and creativity is vital to academic discourse and
enterprise. This principle applies to works of all authors and publishers in
all media. It encompasses respect for the right to acknowledgment, right to
privacy, and right to determine the form, manner, and terms of publication and
distribution.
Because
electronic information is volatile and easily reproduced, respect for the work
and personal expression of others is especially critical in computer
environments. Violations of authorial integrity, including plagiarism, invasion
of privacy, unauthorized access, and trade secret and copyright violations, may
be grounds for sanctions against members of the academic community.
IX. Digital Millennium Copyright Act
The Digital Millennium Copyright Act signed into law on
Contact Information: Peter Nerzak
Library Services
10915 Hardin Valley Road
P.O. Box 22990
Phone: 865-694-6517
FAX: 865-694-6625
E-Mail: pnerzak@pstcc.edu
Source:
Copyright Act of 1976
Digital
Millennium Copyright Act of 1998
Approved:
President Allen G. Edwards,
Approved: President Allen G. Edwards,