Academic Copyright Policy Draft
The purpose of the
This policy provides practical advice and
procedures on copyright-related matters; however, it is not a substitute for
legal advice, and proper legal advice should be obtained when necessary.
Copyright Officer Dr. Harry Cooke; may
be able to assist you with any questions you may have. Dr. Cooke> may be reached at: 704-922-6355 or via e-mail at cooke.harry@gaston.edu
WHAT IS COPYRIGHT?
Copyright is an area of law that provides creators and distributors of creative
works with an incentive to share their works by granting them the right to be
compensated when others use those works in certain ways. Specific rights are
granted to the creators of creative works in the U.S. Copyright Act (title
17, U.S. Code). If you are not
a copyright holder for a particular work, as determined by the law, you must
ordinarily obtain copyright permission prior to reusing or reproducing that
work. However, there are some specific exceptions in the Copyright Act for
certain academic uses, and permission is never required for certain other
actions, such as reading or borrowing original literary works or photographs
from a library collection.
WHAT IS PROTECTED
BY COPYRIGHT?
The rights granted by the Copyright Act are intended to benefit
"authors" of "original works of authorship", including
literary, dramatic, musical, architectural, cartographic, choreographic,
pantomimic, pictorial, graphic, sculptural and audiovisual creations. This
means that virtually any creative work that you may come across—including
books, magazines, journals, newsletters, maps, charts, photographs, graphic
materials, and other printed materials; unpublished materials, such as
analysts' and consultants' reports; and non-print materials, including
electronic content, computer programs and other software, sound recordings,
motion pictures, video files, sculptures, and other artistic works—is almost
certainly protected by copyright. Among the exclusive rights granted to those
"authors" are the rights to reproduce, distribute, publicly perform
and publicly display their works.
These rights provide copyright holders
control over the use of their creations and an ability to benefit, monetarily
and otherwise, from the use of their works. Copyright also protects the right
to "make a derivative work," such as a movie from a book; the right
to include a work in a collective work, such as publishing an article in a book
or journal; and the rights of attribution and integrity for "authors"
of certain works of visual art. Copyright law does not protect ideas, data or
facts.
In the
FAIR
USE
A provision for fair use is found in the Copyright Act at Section 107. Under the fair use provision, a reproduction of
someone else's copyright-protected work is likely to be considered fair if it
is used for one of the following purposes: criticism, comment, news reporting,
teaching, scholarship and research. If the reproduction is for one of these purposes,
a determination as to whether the reproduction is fair use must be made based
upon four factors:
1.
The
purpose and character of use (principally, whether for commercial or nonprofit
educational use);
2.
The
nature of the copyright-protected work;
3.
The
amount and substantiality of the portion used; and
4.
The
effect of the use being evaluated upon the potential market for or value of the
copyright-protected work.
Fair use is an ambiguous concept and the law
does not state exactly what uses of a copyrighted work will be considered fair
uses under the law and may therefore be used without obtaining permission. As
such, individuals who are not lawyers may often need to be interpreters of the
law in everyday circumstances, and answers as to how much reproduction may be
considered fair use often remain unclear. The bottom line is that fair use
requires a very circumstance-specific analysis as to whether a particular use
or reuse of a work may indeed be considered fair use.
To avoid confusion and minimize
the risk of copyright infringement,
·
Quotation
of short passages in a scholarly or technical work for illustration or
clarification of the author's observations.
·
Reproduction
of material for classroom use where the reproduction is unexpected and
spontaneous – for example, where an article in the morning's paper is directly
relevant to that day's class topic. This would generally cover one time use in
only one semester.
·
Use
in a parody of short portions of the work itself.
·
A
summary of an address or article, which may include quotations of short
passages of the copyright-protected work.
If your use does not meet the above criteria
and the work is protected by copyright, you probably need to obtain permission
to use the work from the copyright holder or its agent.
Alternative: Refer to the Fair Use
Checklist for Guidelines on
Determining Fair Use.
TYPES OF USE
Classroom Handouts
Based on Gaston College's fair use
analysis, classroom handouts fall into two categories; one that requires
permission and one that does not. If the handout is a new work for which you
could not reasonably be expected to obtain permission in a timely manner and
the decision to use the work was spontaneous, you may use that work without
obtaining permission. However, if the handout is planned in advance, repeated
from semester to semester, or involves works that have existed long enough that
one could reasonably be expected to obtain copyright permission in advance, you must obtain copyright permission to use the
work.
Coursepacks
All articles, chapters and other
individual works in any print or electronic coursepack
require copyright permission. Copyright permission for coursepacks
is usually granted by the academic period. To reuse a coursepack
in subsequent academic periods (e.g.: semester, quarter, trimester, etc.), you
probably need to obtain permission again. Many copyright holders provide
time-sensitive permission because their own rights may be time-sensitive and
could be transferred to different copyright holders at any time.
When ordering coursepacks
it is important to clarify who will obtain permission for the coursepack–the copy shop or reprographic center, the
faculty member or a member of the administrative staff. Deferring
responsibility for copyright permission will not provide you protection against
a claim of copyright infringement.
Reserves
If the
Photocopying
In The Library
It is permissible to photocopy
copyright-protected works in the
·
Library user requests for articles and short excerpts. At the request of a library user or
another library on behalf of a library user, the
·
Archival reproductions of unpublished works. Up to three reproductions of any
unpublished work may be made for preservation or security or for deposit for
research use in another library or archive. This may be a photocopy or digital
reproduction. If it is a digital reproduction, the reproduction may not be made
available to the public outside the library or archive premises. Prior to receiving
any of the three reproductions permitted under this provision from another
library or archive, the
·
Replacement of lost, damaged or obsolete copies. The
·
Library user requests for entire works. One reproduction of an entire book or
periodical may be made by your library at a library user's request, or by
another library on behalf of a library user upon certain conditions being met.
These conditions include the library determining after reasonable investigation
that an authorized reproduction cannot be obtained at a reasonable price. Once
made, the reproduction must become the property of the library user. The
library must have no reason to believe that the reproduction will be used by
the user for purposes other than private study, scholarship and research, and
the library must display the register's notice at the place library users make
their reproduction requests to the library.
·
PHOTOCOPYING
by Patrons
Photocopying by library patrons (students, faculty, etc.), is
subject to a fair use analysis. A single photocopy of a portion of a
copyright-protected work, such as a copy of an article from a scientific
journal made for research, may be made without permission
· The reproduction becomes the property of the library
user.
·
The
library has no reason to believe that the reproduction will be used for
purposes other than private study, scholarship and research.
·
The
library displays the register's notice at the place library users make their
reproductions.
Photocopying all the assignments from a book
recommended for purchase by the instructor, making multiple copies of articles
or book chapters for distribution to classmates, or copying material from
consumable workbooks, all require permission.
Document Delivery
Services
It is important to maintain a
distinction between Interlibrary loans (
ILL
The Gaston College library may
participate in interlibrary loans without obtaining permission provided that the
"aggregate quantities" of articles or items received by the patron do
not substitute for a periodical subscription or purchase of a work.
If the articles or items being copied have
been obtained through a digital license, you must check the license to see
under what terms and conditions, if any, interlibrary loan is permitted
Distance Education
and Course Management Systems
In 2002, the Technology, Education
and Copyright Harmonization (TEACH) Act
became law and expanded the latitude universities, including
The copyright requirements for TEACH and CMS
postings are similar to those of classroom handouts, but extend the traditional
rules for those handouts to the digital transmission of materials to distance
education students. If the use is spontaneous and will not be repeated,
copyright permission is not required; however, the content may not remain
posted for extended periods of time. If the use is planned, repeated or
involves works that have existed long enough that one could reasonably expect
to receive a response to a request for copyright permission, you must obtain
copyright permission.
Copyright and
Foreign Works
The
HOW TO OBTAIN
COPYRIGHT PERMISSION
Permission to use copyright-protected
materials, when required, should be obtained prior to using those materials. It
is best to obtain permission in writing (including e-mail) and to ensure that
the Gaston College Copyright Officer has a copy of each permission form or
letter.
The time to obtain permission may vary and, where
possible, it is recommended to start the permissions procedure at least six
months prior to the time that you wish to use the materials. If you need a
quicker permission, let the copyright owner know this and he/she may be able to
get back to you more quickly. Often,
Fact Finding
Questions
Once you have identified the materials you want to use and
determined that copyright permission is required, you must locate the copyright
holder. If the copyright holder is not listed on the work, locating the
appropriate person or entity to grant permission may take some investigative
and creative work.
The Copyright Office of the Library of
Congress (www.loc.gov) may be of assistance in locating a copyright owner
if the work is registered. Note, however, that copyright is automatically granted
to all works upon their being written down and that registration with the
Copyright Office is not required.
There are two primary options for obtaining
permission to use the work. You may contact the copyright holder directly (Association of
American Publishers Packet) or you may contact Copyright
Clearance Center. Check
with your department manager to determine if your institution already has an
established process for obtaining copyright permission through
Information in your
Permission Request
The copyright holder or its agent
will require the following information in order to provide you with permission:
·
Title
of the material
·
Creator/author
of the material
·
Publisher
of the material
·
Description
of material
·
ISBN
or ISSN, if applicable
·
Date
of publication, if applicable
·
Purpose
for which you wish to reproduce the item (research, commercial, educational,
etc.)
·
How
the material is to be reproduced (e.g., photocopied, digitized)
·
Where
the reproduced material will be used or will appear and for how long
Computer Software
College owned or
operated computers resources are for the use of faculty, students, staff and
other authorized individuals.
Individuals granted access privileges are responsible for using
resources in an effective, ethical and lawful manner (Gaston
College - Acceptable Use Policy).
Computer
software/information use is also governed by the Fair Use principle
Title 17 US Code as well as any accompanying license agreements.
(1)
(2) With regard to use on
local area networks or on multiple machines,
(3)
According to the US
Copyright Law, illegal reproduction of copyright print materials, audio
visual works, or computer software, data files, graphics, and/or documentation
can be subject to civil damages of as much as $150,000 for each work infringed,
and criminal penalties, including fines and imprisonment.
II. Intellectual Property Rights
The College will own any and all
Intellectual Property that is made, discovered, or created by a “Covered
Individual” who is specifically hired or commissioned by the College for that
purpose for specific additional compensation from the College.
The College will own any and all
Intellectual Property that is made, discovered, or created by a “Covered
Individual” within the scope of his or employment by the College.
The College will own any and all
Intellectual Property that is made, discovered, or created by a “Covered
Individual” whose position description may include such duties, unless
otherwise provided by written agreement between such “Covered Individual” and
the College.
The College will own any and all
Intellectual Property that is made, discovered, or created by a “Covered
Individual” who makes “Significant Use” of College resources in connection with
the development of such Intellectual Property.
The College owns all rights to its logo,
seal, and other related materials.
The College, at its sole discretion, may
release its rights of ownership in Intellectual Property. However, the College will retain a
royalty-free license to use this Intellectual Property for research and
education.
Covered Individuals”
Ownership:
A “Covered Individual” owns all rights to
Intellectual Property that is made, discovered, or created by that “Covered
Individual” on his own time that utilizes his own resources and, therefore,
does not involve “Significant Use” of College resources or equipment for which
purpose he was not hired or commissioned by the College and whose position
description does not include performance of such duties.
A “Covered Individual” and the College will
share jointly in the rights of ownership of all Intellectual Property that is
made, discovered, or created by that “Covered Individual” and that involves
“Significant Use” of College resources or equipment. In any situation where a “Covered Individual”
and the College share jointly in the rights of ownership to Intellectual
Property, the Compensation provisions of this Policy shall apply.
Compensation
Compensation to “Covered Individuals” for production of
educational materials and media is realized in two ways:
A “Covered Individual” can receive monetary compensation by first
requesting this compensation by completing “An Agreement for Professional
Services” form and submitting this request with appropriate signatures to the
Office of the Vice-president of Academic Affairs for approval, or
“Covered Individuals (instructional designers)” can request
through their appropriate department heads/division chairs through a written
memo a course reduction load during the semester in which the educational material
is being created, beta tested, and finalized.
This request is also subject to the final approval of the Office of the
Vice-president of Academic Affairs, or
“Covered Individuals” may produce material as part of their
employment at
Occasionally, requests will be entertained from the NC Community
College System to “have access to” a
Copyright
Issues
Course and
course materials created by instructors at
1. They were
created by an employee within the scope of employment, or
2. They were
created on College time, with the use of College facilities or College
financial support; or,
3. If they were
commissioned by the College.
Any special
circumstances must be agreed upon in advance, in writing by the College and the
“Covered Individual.”
This policy is
in accordance with the United States Code Title 17, Chapter 2, Sec. 201. Ownership
of copyright: Works Made for Hire -
In the case of a
work made for hire, the employer or other person for whom the work was prepared
is considered the author for purposes of the title, and, unless the parties
have expressly agreed otherwise in a written instrument signed by them, owns
all of the rights comprised in the copyright.
1. Original
material created by the
2. Material in
Public Domain
3. Copyrighted
material for which the “Covered Individual” has obtained written permission
from the copyright owner for use in the
4. The doctrine
of Fair Use is not to be substituted for written permission from the owner of
copyright.
By creating or
contributing to the creation of courses or course-related materials at Gaston
College, the “Covered Individual,” also known as the contributor or the
creator, acknowledges and agrees to the policy stated above, and that ownership
and all rights (including but not limited to copyright) to the course and
materials belong solely to Gaston College.
Finally,
In any situation
where a “Covered Individual” and the College share jointly in the rights of ownership
of Intellectual Property, the College will distribute the income accordingly:
_____% of the gross revenue will be distributed to the “Covered Individual.”
And ____% of the gross revenue will be distributed to the College.
This will occur
only after the expenses accrued by the College have been deducted prior to this
revenue dissemination.
The “Covered
Individual” will warrant in writing that there are no third party claims
against the Intellectual Property that has been disclosed to the College, that
the Intellectual Property in question is the exclusive work of the “Covered
Individual” and other persons identified in the disclosure to the College, and
that no other person or entity claims an interest in the Intellectual Property
in question.
The “Covered
Individual” must agree, in writing, to fully indemnify and hold harmless the
College, its trustees, officers, faculty members, staff, and any and all other
individuals associated with the College, from and against any and all claims,
demands, actions, and causes of action brought against the College, its
trustees, officers, faculty members, staff, and any and all other individuals
associated with the College, relating in any way to the Intellectual Property
in question.
Exceptions to
the above policies are authorized if approved by the President of the College
following a favorable review and recommendation from the Executive
Committee. Before approving an
exception, the President must determine that, on the basis of the evidence
available, such exception is in the public interest and is consistent with the
College’ s responsibilities to the public.
The Gaston College Copyright Compliance
Policy has been updated
Additional
Websites
http://www.copyright.gov/circs/circ21.pdf
http://www.siaa.net/piracy/default.asp
http://www.lib.utsystem.edu/copyright