Using Protected Copyright Works

1.0    Purpose

This policy establishes guidelines for the permissible use of other person’s copyrighted works.

2.0    Revision History

3.0    Persons Affected

3.1    All employees

3.2    All students

3.3    Anyone using college facilities or resources

4.0    Policy

The policy of Casper College is to ensure the following.

4.1    The college recognizes and respects the rights of copyright owners and understands that the rights of the owners is balanced by limitations under the law, such as fair use.

4.2    The college provides affected persons with information regarding copyright and fair use.

4.3    Employees and students are aware that they are responsible for determining the lawfulness of their use of copyrighted works and obtaining copyright permission.

4.4    College equipment may not be used to duplicate, share, or distribute copyrighted works without the permission of the owner unless the work is within the public domain or fair use applies.

4.5    The college abides by all federal, state, and local laws regarding the use of copyrighted works including the United States Copyright Act of 1976 as amended, the Digital Millennium Copyright Act of 1998, and the Technology, Education and Copyright Harmonization Act of 2002.

5.0    Definitions

5.1    Intellectual Property. Creative works, ideas, discoveries, and inventions that include, but are not limited to, that which can be protected under patent, trademark, copyright, or other applicable laws such as literary, dramatic, musical and artistic works, software, apps, multimedia presentations, and inventions. This policy applies to intellectual property regardless of whether the property is subject to protection under patent, trademark, copyright, or other applicable laws. It does not include course materials or student works.

5.2    Author. A person who contributes in a significant manner to the creation of intellectual property.

5.3    Owner. A person or entity with legal ownership of intellectual property. This may or may not be the author, depending on the resources used to create the intellectual property and agreements made.

5.4    Copyright Law. A set of laws that protects owner’s rights including United States Copyright Act of 1976 as amended, the Digital Millennium Copyright Act of 1998, and the Technology, Education and Copyright Harmonization Act of 2002.

5.5    Copyright Protection. Legal rights of owners of published and unpublished works to control their works including the right to reproduce, distribute, create derivative works, perform, and display the works and protection from unauthorized use. Under certain specific circumstances, the public may use copyrighted works without permission, applying fair use or public domain. Copyright protection exists at the moment of creation in a fixed tangible form, such as written or recorded. Owners do not have to register works or display a copyright notice for works to be covered by copyright protection.

5.6    Fair Use. Limitation to the exclusive rights of a copyright owner. Copyrighted works may be copied or otherwise used without the owner’s permission for purposes such as criticism, parody, comment, news reporting, teaching, scholarship, or research under the conditions of fair use.

The law does not specifically state what qualifies as fair use but rather provides four factors that must be considered when evaluating for fair use. All four factors carry the same weight and must be considered as a whole. If the use falls under one factor but not the others, it is likely not fair use. Do not assume it is legal to reproduce works because you consider your use to be educational. Permission from the owner is required for use of copyrighted works that do not meet the conditions of fair use. Acknowledging the owner is not a substitute for fair use or permission. Following are the four factors to consider for fair use.

5.6.1    The purpose and character of the use. In general, use for educational or non-profit purposes is more likely to be determined as fair use than use for commercial purposes. Using works for comment, parody, satire, criticism, review, analysis, discussion, reporting the news, teaching, or scholarship purposes is generally considered fair use; however, just because you are using works for educational purposes, it is not automatically fair use. You must weigh all factors. Lastly, the more works are transformed or modified, the more likely the use would be considered as fair use.

5.6.2    The nature of the copyrighted works. The courts tend to rule fair use more often for use of non-fiction works rather than works of fiction. The courts also favor spur-of-the moment, one-time use over repeated use of works that have been in existence long enough to request copyright permission.

5.6.3    The quantity and quality used in relation to the copyrighted works as a whole. The law does not stipulate a specific number of words or portion of a work as fair use; however, using a significant portion of a work would rarely be determined to be fair use. The quality or value of the portion used is also evaluated. If only a small portion of the work is used, but that portion is considered the heart of the work, it could be deemed as not fair use. The courts have considered copying and distributing small portions of copyrighted works for educational purposes as fair use.

5.6.4    The effect of the use upon the potential market for or the value of the copyrighted works. It is not fair use if the use results in the loss of sales for the owner or a monetary gain by someone other than the owner. Copying in lieu of a purchase, such as copying a number of articles or stories to create an anthology or copying consumable works, such as a workbook, is not considered fair use. Making multiple copies of excerpts may be made for teaching purposes, provided it does not reduce profitability for the owner.

The owner of a computer program may make one copy of the program for installation or archival purposes. Refer to the software license agreement for any additional permissible copying or ask the IT Department if the college has a site license agreement for the software.

5.7    Creative Commons (cc) License. A copyright license that enables owners to share their work with predetermined restrictions or no restrictions at all and the author is cited. Works with a cc designation may be used without permission as long as all restrictions are followed and the author is cited.

5.8    Public Domain. Works not protected by copyright including those for which copyright protection has expired or never existed. Works within the public domain may be copied without restriction. Do not confuse public domain with the work being publicly available, such as on the Internet or in a book. The duration of copyright depends on the creation date.

5.8.1    Expired Copyright
The regulations regarding the expiration of copyright has changed over time and can be very complicated. There are online tools, such as  http://librarycopyright.net/resources/digitalslider/, that can help determine if a copyright has expired.

5.8.2    No Copyright Exist
Some works are not protected under copyright including generic information such as facts, numbers, and ideas, works created by the U.S. federal government, or works expressly dedicated or donated to the public domain.

6.0    Responsibilities

6.1    Employees and students are responsible for complying with all copyright laws.

6.2    The vice president of academic affairs is responsible for maintaining compliance with this policy.

7.0    Procedures

7.1    Notice

Departments post the following notice regarding copyright compliance at or near all computer and photocopying stations that may be used for reproduction of copyrighted works.

Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is responsible for any infringement.

7.2    Using Copyrighted Works

7.2.1    Determine if the work you plan to use is in the public domain.

7.2.2    If the work is not in the public domain, apply the four fair use factors. If it is likely that your use falls under fair use, proceed to use the work. Following is general guidelines regarding academic use. These are guidelines; you must still apply the four factors for fair use and determine the lawfulness of your use. This is not a comprehensive list nor do any of these guidelines have legal force.

7.2.2.1    Classroom (Face-to-Face and Distance)
Any work used for educational purposes must be provided at the direction of or under the supervision of a faculty member, an integral part of the curriculum, directly related to the content, and technologically limited to students enrolled in the class and only for the duration of the class. Students must be notified that the use of the work may be subject to copyright. Permission is required if fair use does not apply. The guidelines for using works for a distance class are similar to those of a face-to-face classroom.

Permission is not required when a work is new and the decision to use the work was spontaneous, making it unreasonable to obtain permission. For example, you want to discuss an article in today’s newspaper in your class. Permission is required if you use the work repeatedly or it has existed long enough to reasonably request permission.

7.2.2.2    Course Packs or Anthologies
All copyrighted work in a course pack or anthology that are either distributed or sold requires permission.

7.2.2.3    Reserves
The Casper College Library may make one copy, paper or electronic, of a publication the library owns to hold on reserve. Additional copies would require permission.

7.2.2.4    Photocopying by the Library
Photocopying is permissible by the library under the following circumstances: 1) reproduction of an article from a periodical or a small part of other works to use for private study, scholarship, or research, 2) limited reproductions of unpublished works for preservation, security, or deposit for research in another library or archive, 3) limited reproductions of works that are lost, stolen, damage, deteriorating, or stored in an obsolete format to be kept in the library, and 4) one reproduction of an entire book or periodical that cannot be obtained at a reasonable price for private study, scholarship, or research.

7.2.2.5    Licensed Databases.
Licensed databases and subscriptions may be used for non-commercial, educational, or research purposes. The user may use the work per the license agreement and only for college purposes.

7.2.2.6    Photocopying by Students
Students may copy a portion of a copyright work, such as an article from a journal, without permission. Permission is required to copy all assignments of a book recommended by the instructor, make multiple copies for distribution to classmates, or copy from a consumable work like a workbook.

7.2.2.7    Interlibrary Loans
The Casper College Library may obtain copies of works from other libraries, as long as they do not request an aggregate quantity that would be perceived as a substitute for a subscription or purchase.

7.2.2.8    Dramatic Works
Whole performance works, such as a movie or audio recording, are protected by copyright. The rental or ownership of a work does not void the copyright of the owner. Permission is required if the work is shown outside of a home situation. It does not matter if an admission fee is charged. The showing of illegally obtained works is never permissible. Fair use criteria may be applied for limited use within the classroom.

7.2.2.9    Broadcast Programs
Broadcast recordings may be used for 45 days, after which, the recording must be erased or permission obtained. This does not apply in the case of hard news or interviews concerning news events.

7.2.2.10    Images
Images (art, photos, graphics, etc.) are protected by copyright and may not be used without permission, unless fair use applies.

7.2.3    If the work is not in the public domain and you have determined that your intended use is not likely fair use, seek written permission to use the work. Search the Copyright Clearance Center’s website at www.copyright.com for the work for which you are seeking permission. If the work is listed, follow the directions to obtain permission. If the work is not listed, contact the publisher to request permission. A fee may be required. Retain in writing any permission or publishing agreement you receive.

7.2.4    Whenever you use copyrighted works, credit the authors and owners and identify the works as being subject to copyright protection.