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Chapter 3 Section 13 Publishing of Copyright Material

Year Adopted: 2016
Revised: 2016, 2019

Policy

The College recognizes that United States copyright laws exist for the public good and balance the intellectual property rights of authors, publishers, license holders and copyright owners with the educational community's need for the free exchange of ideas. This includes both the protection of copyright holders' rights, and also the full exercise in good faith of fair use and teaching exemptions. This policy has been developed in accordance with the United States Copyright Act of 1976 as amended and the Digital Millennium Copyright Act of 1998. 

Faculty, staff and students who willfully disregard this procedure and the copyright guidelines do so at their own risk and assume all liability for their actions. Violations of this policy may lead to corrective or disciplinary action up to and including termination. 

Procedure

1. Fair Use: The "fair use" doctrine is a legal principle which limits the exclusive right of copyright owners. In some cases, faculty, staff, and students who wish to use copyrighted works for noncommercial educational purposes may do so without seeking authorization from the copyright owner. Not all educational uses are fair use. 

The four fair use factors are: 

  • the purpose and character of the use, the nature of the copyrighted work,
  • the amount and substantiality of a portion used in relation to the whole,
  • and the effect of the use on the potential market. You may conduct an analysis here.

2.Education and Research: Faculty are responsible for reviewing their course content for copyright compliance. Performance and display of copyrighted materials for instruction is explicitly allowed in a face-to-face classroom. This exception doesn't apply to online or distance learning, educational photocopying or to digital course readings.3.Social Media: Posting copyrighted materials online is subject to the same laws including the fair use exception. Employees shouldn't post anything unless the College has a clear right to use all the content. 

4. Video and Film: 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 those circumstances when a film or video may be shown. 

5. Use in the Classroom: Generally, the performance or display of a lawfully made copy of a nondramatic performance in the classroom or similar place is permissible under copyright law.

6. Questions regarding copyright may be directed to the College library.

7. The College will provide training through Human Resources (SafeColleges). 

Signed Procedure File

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