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It is the policy of Drew University to comply with the requirements of federal copyright law, codified as the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), and as amended by the Digital Millennium Copyright Act of 1998 (Pub. L. No. 105-304, 112 Stat. 2860), and the Technology, Education, and Copyright Harmonization Act of 2002 (Pub. L. No. 107-273, 116 Stat. 1910). As a result, all faculty, staff and students of Drew University are required to meet their legal obligations and follow these policy guidelines. Faculty, students and staff are encouraged to learn more about copyright and fair use as it applies to their work and intellectual property.
Drew University employees are forbidden from knowingly violating copyright law when scanning, copying, or otherwise utilizing copyrighted documents in a classroom or on-line setting.
Purpose
A copyright policy brings the University into compliance with the requirements of federal law and provides guidance to members of the University community on their legal obligations. By implementing a copyright policy Drew is able to invoke protections or “safe harbors” that are available under federal law. These protections help insulate Drew and the members of the Drew community from certain types of copyright infringement liability.
Scope
Drew’s Copyright Policy extends to all use of copyrighted materials by University faculty, staff, and students.
Copyright
Copyright is the right of ownership over literary, musical, artistic, dramatic, or academic works. It allows the creator or owner the work of scholarly criticism, literature, or art, for example, to control how and when that work is used. Copyright is established simply by “fixing” an original work in any tangible medium, such as by writing, posting online, storing, or preserving in a video or audio format. Copyright can even cover derivative works that are adapted in new ways from an existing work.
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Copyright law generally gives the owner of copyright the exclusive right to reproduce the work, prepare derivative works, distribute copies of the work, perform or display the work publicly, and grant permission for these uses. An owner of a copyright can sell, lease, license, or lend the right to the work. In addition, certain authors of works of visual art have the rights of attribution and integrity. \[[1]\|#_ftn1\] |
The owner of a copyright is not required to register his or her work with the copyright office, although additional protections are afforded by registration. Copyright is established by the act of authorship and need not be accompanied by the use of the term “copyright” or by the use of the copyright symbol.
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Violating the rights of the copyright owner is a violation of law, unless exceptions established under federal law apply. These exceptions, such as “fair use” or similar protections afforded to the transmission of performances and displays of certain copyrighted materials in educational settings under the TEACH Act, attempt to accommodate the two related, and sometimes conflicting, purposes of federal copyright law: protecting the rights and interests of copyright holders, while promoting and disseminating learning.
NOTICES
Drew University Facilities are responsible for posting notices reflecting this policy at all public computer and photocopying stations which may be used for reproducing copyrighted materials, e.g., departmental copy rooms and libraries. The following notice will be displayed at appropriate locations:
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"Copyright Notice" "Copying, displaying and distributing copyrighted works, may infringe the owner's copyright. The Conference on Fair Use Guidelines can help you determine whether your use of a copyrighted work is a fair use or requires permission. Any use of computer or duplicating facilities by students, faculty or staff for infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil remedies and criminal penalties provided by federal law." |
Copyright Infringement
Copyright infringement involves interfering with or misappropriating another's ownership rights. The copyright owner has an economic interest in his or her work. Unauthorized copying deprives owners of that economic benefit and value. Even materials posted on the Internet are frequently protected by copyright law. As result, copyright infringement can include copying the contents of material on the Internet or using video clips or sound recordings without permission.
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Failure to comply with these requirements could result in litigation against the University and its members, as well as the assessment of costs and damages.
Sanctions for violations
Violations of copyright laws can result in civil and criminal prosecution. Claims can be asserted against individuals, who are found to have violated copyright laws, as well as against the University.
Legal Background
Copyright law has a constitutional basis and dimension. Article I, Section 8, Clause 8 of the United States Constitution authorizes Congress to enact legislation designed to “promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries.”
The Copyright Act
- Federal copyright law defines copyright and any available exemptions.
- Grants to the copyright owner the right to reproduce the copyrighted work, prepare derivative works, distribute copies, and perform them.
- Establishes the time periods governing copyright ownership and their renewals.
- Works, especially creative works, published between 1923 and 1978, are protected for a term of 95 years from the date of original publication if the creator renewed the copyright;
- Never-published works created before 1978 are protected for 70 years after the death of the creator; and,
- Works created after 1978, published or not, are protected for 70 years after the death of the creator, or, if a work of corporate authorship, 95 years from publication or 120 years from creation, whichever expires first.
Fair Use
Section 107 of the Copyright Act of 1976 addresses permissible “fair use” of copyrighted materials for purposes such as criticism, comment, news reporting, teaching, scholarship, or research in the classroom setting. The fair use doctrine limits the extent of the copyright holder’s exclusive ownership rights by permitting a portion of a copyrighted work to be used without permission in certain circumstances. The broad underlying purpose of fair use is to permit new works to build upon existing works by permitting access. Whether a use constitutes “fair use” is fact-sensitive and depends on the individual circumstances of each intended use. For this reason, a conclusive determination cannot be made in the abstract and considerations appropriate to each use should be carefully evaluated prior to each use.
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Please note, different rules apply to the transmission of performances or displays in distance education. Those rules are discussed in more detail below in the section addressing distance education and the federal TEACH Act.
Live Classroom Performances
Specific rules apply to live or recorded performances or displays in classrooms of a nonprofit educational institution. Section 110 allows instructors or pupils at non-profit educational institutions to perform or display the copyrighted work, whether live or recorded, in the course of face-to face teaching activities. Any copy of a work being performed or displayed must, however, be lawfully made.
The Digital Millennium Copyright Act (DMCA)
Congress adopted the DMCA in 1998 in order to address the problems associated with copyright enforcement and protection in an online and digital age. The DMCA includes provisions intended to protect Internet service providers from liability for copyright infringement by their users if the provider adopts technology to prevent circumvention of copyright protections. Drew meets these requirements and, among other things, will comply with appropriate “takedown” notices issued to the University by copyright owners.
Distance Education: The Technology, Education, and Copyright Harmonization Act of
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2002(The TEACH Act)
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The TEACH Act amended section 110 of the Copyright Act, to address copyright in the context of distance education/online instruction offered by non-profit educational institutions. Distance learning was simply not considered when the Copyright Act was first adopted in 1976. As amended, section 110 now carefully defines the limited circumstances under which non-profit educational institutions may transmit performances or displays of some copyrighted materials in distance education without seeking permission or paying any royalties. In order to invoke these protections, however, specific conditions must be met. Significantly, the TEACH Act:
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- Pursue ongoing efforts to provide information and educate students, staff and faculty about copyright compliance. (e.g. written materials, face-to-face workshops, website, information provided as part of distance learning).
- Implement appropriate technological measures to prevent the unauthorized use, access, or distribution of copyrighted materials.
- Limit distribution of course content to the sole use of enrolled students. (e.g. password protections restricted to registered students). Unsecured websites do not meet this requirement.
- Time limit the availability of copyrighted material to the course’s time period requirements; recipients must not be able to retain the work for longer than the class session.
- Limit the use solely to students officially enrolled in the course.
- Require faculty to provide copyright notices to students that materials used in connection with a course may be subject to copyright protection.
Student Works
- Students retain ownership of their work, unless otherwise agreed upon, as in the case of an employment agreement.
Contacts
- Copyright Committee --
- Copyright Administrator --
- DMCA Administrator --
- Library Contact -- Jennifer Heise
Resources
- Title 17, United States Code, Copyright Act: http://www.copyright.gov/title17/
- Conference on Fair Use Guidelines: http://www.uspto.gov/web/offices/dcom/olia/confu/confurep.pdf
- Copyright Office Circular 21: Reproduction of Copyrighted Works by Educators and Librarians http://www.copyright.gov/circs/circ21.pdf
- Copyright Office Circular 22: Investigating Copyright status of a Work:http://www.copyright.gov/circs/circ22.html
- Copyright Office Flyer 102: Fair Use: http://www.copyright.gov/fls/fl102.html
- Stanford Copyright and Fair Use Center: http://fairuse.stanford.edu/
- Copyright Crash Course from the University of Texas: http://copyright.lib.utexas.edu/
- Know Your CopyRights: http://www.knowyourcopyrights.org/
- Georgia State University Board of Regents Fair Use Checklist:
http://www.usg.edu/images/copyright_docs/fair_ - Fair Use Considerations Checklist from Colombia University: http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf
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Appendix A
Fair Use Checklist
Name:
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Weighs in Favor of Fair Use | Weighs Against Fair Use |
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□ Nonprofit Educational Institution | □ Commercial activity, profit from use |
□ Used for Purpose of Teaching (including multiple copies for classroom use) and/or Scholarship or Criticism, Comment, News Reporting, or Parody | □ For public distribution |
□ Used for noncommercial, nonprofit educational use | □ Used for entertainment |
□ Transformative (use changes work for new utility or purpose) | □ Mirror image copying |
□ Use is necessary to achieve your intended educational purpose | □ Use exceeds that which is necessary to achieve your intended educational purpose |
___ _Factors Weighing in Favor of Fair Use_ | ___ _Factors Weighing Against Fair Use_ |
Factor 2: Nature of Copyrighted Work
Weighs in Favor of Fair Use | Weighs Against Fair Use |
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□ Published work | □ Unpublished work |
□ Factual/informational and educational in nature or nonfiction work | □ Fiction or highly creative work (art, music, novels, films, plays, poetry) |
□ Non-consumable work | □ Consumable work (workbook, test) |
__ Factors Weighing in Favor of Fair Use | ___ _Factors Weighing Against Fair Use_ |
Factor 3: Amount and Substantiality of Portion Used
Weighs in Favor of Fair Use | Weighs Against Fair Use |
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□ Decidedly small portion of work used (no more than 10% of work not divided into chapters or having less than 10 chapters or nomore than 1 chapter of a 10 or more chapter work) | □ Large portion or entire work used (more than 10% of work not divided into chapters or having less than 10 chapters or more than 1 chapter of a 10 or more chapter work) |
□ Portion used is not central or significant to entire work as a whole | □ Portion used is central to work or “heart of the work” |
□ Amount taken is narrowly tailored to accomplish a demonstrated, legitimate purpose in the course curriculum and must be narrowly tailored to accomplish that purpose | □ Amount taken is more than necessary to accomplish a demonstrated, legitimate purpose in the course curriculum or is not narrowly tailored to accomplish a demonstrated legitimate purpose in the course curriculum |
□ Access limited to students enrolled in course for only the term of the course | □ Access not limited |
___ _Factors Weighing in Favor of Fair Use_ | _ _Factors Weighing Against Fair Use |
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Weighs in Favor of Fair Use | Weighs Against Fair Use |
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□ Permission for digital excerpt is not readily available from publisher or Copyright Clearance Center at a reasonable price | □ Permission for digital excerpt is readily available from publisher or Copyright Clearance Center at a reasonable price |
□ Decidedly small portion used | □ Large portion or entire work used |
□ User owns lawfully acquired or purchased copy of original work | □ User does not own lawfully acquired or purchased copy of original work |
□ Use stimulates market for original work |
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___ _Factors Weighing in Favor of Fair Use_ | ___ _Factors Weighing Against Fair Use_ |
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\[[1]\|#_ftnref1\]\[1\] The right of attribution protects the author's right to be known as the creator of a work, prevents others from claiming that authorship and from having other works falsely attributed to him or her. The right of integrity refers to an author's right to prevent alteration of the work that would jeopardize the author’s honor or reputation. \\ |