- Chattanooga State Community College requires that all college personnel and students adhere to the provisions of the United States Copyright Law (Title 17, United States Code), the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002, and the Digital Millennium Copyright Act of 1998. These laws apply to anyone at the College who wants to reproduce, alter, or perform works that are protected by copyright. Examples of these works include printed materials, sound recordings, video recordings, visual art, computer software, and multimedia.
The following issues are addressed in this policy:
- Basic Copyright Principles
- Public Domain Works
- Copyright Permission Exemptions
- Fair Use Exemption
- Face-to-Face Teaching Exemption
- Distance Learning Exemption - TEACH Act
- Library Exemption
- The Digital Millennium Copyright Act
- Obtaining Permission to Use Copyrighted Materials
- Copyright Ownership of Faculty-Developed Materials (contained in "Patents and Copyrights" policy)
- Photocopying of copyrighted materials (contained in "Copyright for the Campus Community" policy)
- The College will provide educational opportunities to communicate those policies to its personnel.
Basic Copyright Principles
Scope: Copyright applies to works that have been fixed in a tangible medium such as books, photographs, architectural drawings, music, drama, sculpture, motion pictures, electronic media, software, multimedia works, and some databases.
The Law: Copyright law protects the creators of original works. The owner of a copyright has the exclusive right to do and/or authorize others to do such things as
- Make copies
- Distribute the work
- Display the work
- Perform the work publicly
- Create other works based on the original work (derivative works) The law balances the owner's rights with the others' needs to use copyrighted material for "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." (§107. Limitations on exclusive rights: Fair use, Title 17 of the United States Code).
- Registration: Registration is not required to obtain a copyright, though registration may be required to enforce a copyright in federal courts. Works published after 1989 are protected even without having a copyright notice on them. If in doubt, assume that copyright applies.
- Penalties: The penalties for copyright infringement can be costly. Under the copyright laws, a court may award up to $150,000 for each separate willful infringement. The College may also impose severe penalties for not respecting the copyrights of others.
Public Domain Works
- Works in the public domain may be freely used. Examples include
- Works published by the federal government, but not state and local governments
- Databases of facts
- Works published before 1923
- Other works may eventually fall into the public domain. Examples include
- Works published from 1923 through 1978 are protected for 95 years from the publication date, if proper copyright formalities were followed.
- Works published since 1978 generally have copyright protection for the life of the author plus 70 years.
Copyright Permission Exemptions
- Educators must obtain permission from the copyright owner to copy, distribute, display or perform a copyrighted work unless its usage falls in one of these exemptions
- Fair Use Exemption - The Fair Use Doctrine allows limited use of copyrighted materials for educational and research purposes without permission from the owners. It is not a blanket exemption. Instead, each proposed use must be analyzed under the following four-part test. Educators must answer "yes" to the questions below to be covered under "fair use" in face-to-face classroom teaching:
- Is the use for a nonprofit purpose?
- Is the work factual rather than imaginative?
- Is a small amount of the material used?
- Will the use of the material NOT affect its market value or the purchasing of the material?
- If the answer to all questions is "yes," the educator may consider using the material in face-to-face teaching without obtaining permission of the copyright owner. Since the answers to the test are somewhat subjective, it is possible that two reasonable people could reach opposite conclusions. In such cases, a court may refuse to award damages if the infringer reasonably believed that the use was fair.
- If there is any doubt whatsoever, the educator should seek permission.
- Face-to-Face Teaching Exemption -The Copyright Act permits the performance or display of copyrighted materials during face-to-face teaching activities without getting the author's permission. This exemption does not permit copying or distributing a work -- only displaying or performing it.
- Distance Learning Exemption - TEACH Act - The Technology, Education, and Copyright Harmonization ("TEACH") Act of 2002 amended the copyright law to extend the face-to-face teaching exemption to online classes in a limited way provided the College meets certain requirements. When these are met, performances of entire non-dramatic works and reasonable and limited portions of any other performance or audiovisual work may be transmitted without obtaining copyright permission. Below are the College's requirements.
- The College must (per Joe Giampapa, Assistant General Counsel for Technology Transfer, Tennessee Board of Regents, January 23, 2003)
- to the extent technologically feasible' limit courseware reception to students officially enrolled in the class for which the material was intended
- take reasonable measures to prevent students who receive the transmitting material from retaining it beyond the class session and from redistributing the works to others;
- assure the material does not remain in accessible form on the student's computer;
- not interfere with or defeat any retention/distribution protection means incorporated into the work by the copyright owner;
- provide students, faculty and staff with information that:
- describes and promotes compliance with copyright law
- provides notice that courseware material may be protected;
- sets forth institutional policies on copyright.
- The Center for Distributed Education and the faculty must:
- Limit access to enrolled students.
- Include a statement to students that "material used in connection with the course may be subject to copyright protection."
- Limit the time students have access to the material to the duration of a class session.
- Take reasonable precautions to ensure students cannot make unauthorized reproductions.
- Not interfere with restrictive management systems embedded in the material to regulate storage or dissemination of the works.
- Not keep the copyrighted content "on the system or network" and available to students "for a longer period than is reasonably necessary to facilitate the transmissions for which it was made."
- Store content for future use outside the reach of students.
- Have limited long-term retention of copies for future use if the content is stored outside the reach of students.
- The faculty: Must ensure that the materials being transmitted are:
- An integral part of the class experiences controlled by or under the direct supervision of the instructor
- Available only for a period analogous to a "class session." The National Association of College and University Attorneys (NACUA) states "the length of an asynchronous "class session" varies from student to student.
- Directly related and of material assistance to the teaching content
- Must not copy or transmit materials that are specifically marketed for and meant to be used by students outside of the classroom in the traditional teaching model.
- Must not transmit textbooks and other materials "typically purchased or acquired by the students' enrolled.
- May convert analog materials to digital format if: It meets the Section 110(2) requirements of the copyright law; A digital version of the work is not available; or, the digital version has technological restraints in place that prevent transmission.
- Library Exemption
- Library Exemption for Reproduction of Copyrighted Works Copyright laws provide certain exemptions for libraries and archives to reproduce copyrighted works.
- Course Reserves - Print
- The library will accept photocopies of articles from professors who want to place them on reserve for one semester. The instructor and librarian should discuss whether the copyright holder's permission should be obtained to place them on reserve for succeeding semesters.
- Faculty may place textbooks on reserve for the first month of a semester. Library staff will return the textbooks to faculty after that time. Keeping textbooks on reserve for the entire semester could affect publisher's revenue.
- Faculty should get student's permission to place a student's research paper on reserve because the student holds the copyright to it.
- Course Reserves -- Electronic
- Electronic files owned by the Augusta R. Kolwyck Library, including books, video, and music, may be placed into an electronic reserve (e-reserve) according to copyright principles and the library's license agreements. The instructor and librarian should discuss whether the copyright holder's permission should be obtained to place other electronic files on reserve. If they are placed on reserve for succeeding semesters, permission should be obtained. Obtaining such permissions may take two to three months. See the library's web site for complete policies and procedures.
- Interlibrary Loans
- Interlibrary loan practices are authorized under section 108. Materials borrowed may not to substitute for acquiring books or periodical subscriptions. Compliance differs depending on whether the library wishes to loan/borrow an entire work or a portion thereof. The library may reproduce and distribute a copy of an article or portion of a larger work upon request provided that:
- The copy becomes the property of the requestor and the library has no reason to believe that the copy will be used for any purpose other than private study, scholarship, or research.
- A copyright warning is displayed prominently on the request form and the copy itself.
- The library may reproduce entire works or substantial portions of works from its collections if it has determined that no copy is available at a fair price, and as long as the above conditions are met.
The Digital Millennium Copyright Act of 1998 (DMCA)
- The DMCA provides limited protection for Internet Service Providers, such as the College, from the infringing acts of their users. It also prohibits unauthorized access to a copyrighted work by circumventing technology put in place to protect that work.
- Regarding the College, the DMCA
- Makes circumventing software anti-piracy measures a crime.
- Outlaws code-cracking devices used to illegally copy software.
- Permits the cracking of copyright protection devices for research and testing computer security.
- Exempts the library and the College from anti-circumvention provisions in certain circumstances.
- Limits the College from copyright infringement liability for simply transmitting information over the Internet.
- Requires the College to remove material from users' web sites that appears to constitute copyright infringement.
- Limits College liability for copyright infringement by faculty.
- Requires that "webcasters" (WAWL) pay licensing fees to record companies.
- To fulfill the requirements of the DMCA
- The College has designated its Webmaster as the agent to receive notification of claimed infringement from copyright owners.
- The College radio station, WAWL, pays the appropriate royalties and licenses for web casting copyrighted music.
- The College policy, "Information Technology Responsible Use Policy," contains more specific DMCA-related information. http://www.chattanoogastate.edu/Information_Technology/itpolicy.asp
Obtaining Permission to Use Copyrighted Materials
- Asking permission to use copyrighted materials is ALWAYS appropriate. Use the National Association of College Stores form at http://www.nacs.org/common/copyright/permissionrequest.pdf or include the following information in a letter:
- Name and address of the copyright holder or distributing body (publisher, producer, organization, etc.).
- Detailed description of educational use including number of copies to be made, if applicable
- Title, author, or editor; copyright or publication date, and book edition or journal volume and issue
- Method of distribution (free or sale, classroom, course pack, long-term reserve in library, etc.)
- Type of reprint (digital, photocopy, scanned, etc.)
- Your name, title, institution, address, daytime phone number with area code, fax number, and e-mail.
- A form describing the use, with blanks for the copyright holder's signature, printed name, title, institution, and date may help expedite the permission.
Copyright Ownership of Faculty-Developed Materials
- The Patents and Copyrights Policy addresses this:
- It is the policy of the College to:
- encourage inventions, discoveries, and the production of copyrightable materials by members of the academic community;
- facilitate the utilization of such discoveries and materials to the benefit of the public, the College, and members of the College community; and provide for the equitable sharing of any proceeds derived from the commercial exploitation of inventions, discoveries, and copyrightable materials in which the College has an interest.
- The basic factors to be considered in establishing the responsibility for the utilization of any invention, discovery, or copyrightable materials and sharing of the proceeds are as follows:
- The College's sponsorship of the project leading to the discovery or development of materials.
- Significant use of the College's facilities, services, or equipment (excluding libraries) in the discovery or production process.
- The sponsorship of the project through the College by agencies or persons outside the College.
- In the event that any one of these factors exists, the College shall have an interest in the invention, discovery, or copyrightable materials.
- Title to all inventions, discoveries, or copyrightable materials developed solely through individual initiative or personal time, and not involving assignment or the significant use of institutional facilities or services (libraries excluded), shall be vested in the employee producing the patentable or copyrightable materials. Significant use of institutional facilities, services, or equipment shall be defined to include a cost to the institution in the amount of $1,000 or more (in constant 1982 dollars).
- For additional information regarding patents and copyrights, refer to TBR Policy No. 5:01:06:00.
- (From the Employee Handbook, 2004: PATENTS AND COPYRIGHTS, Chattanooga State Community College)
Photocopying of Copyrighted Materials
1. The Copyright for the Campus Community Policy addresses this.
- Compliance with copyright laws and regulations will be the responsibility of each individual.
- Due to concern on the part of the publishers relative to what they perceive as unauthorized photocopying of their copyrighted materials, the Association of American Publishers and the National Association of College Stores produced a booklet that was intended to aid in conforming to the requirements of the United States Copyright laws. Here are some excerpts from that booklet:
- "Reproduction of copyrighted material, without prior permission of the copyright owner, particularly in an educational setting, is an issue of concern for the academic community. Unfortunately, the impropriety of much unauthorized copying is all too often overlooked by users in an educational setting.
- "Although copying all or part of a work without obtaining permission may appear to be an easy and convenient solution to an immediate problem, such unauthorized copying can frequently violate the rights of the author or publisher of the copyrighted work, and be directly contrary to the academic mission to teach and for the intellectual property which expresses those ideas.
- "The absence of a copyright notice does not mean that the work in question may be freely copied.
- "Civil and criminal penalties may be imposed for copyright infringement. Civil remedies include an award of monetary damages (including substantial statutory damages, which in cases of willfulness after March 1, 1989, may total up to $100,000 per work infringed, or actual damages, including the infringer's profits), an award of attorney's fees, injunctive relief against future infringement and the impounding and destruction of infringing copies and the plates or other articles used in making such copies."
- A copy of the Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institute with Respect to Books and Periodicals from the booklet is listed below for your information and use. Note in particular under PROHIBITIONS where the guidelines state, "There shall be no copying of or from works intended to be 'consumable' in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material."
- Texts and other instructional materials authored by Chattanooga State employees may be considered for adoption provided the materials meet all standards determined by the department. In addition, such materials will be reviewed by the Patents and Copyright Committee before adoption.
- Chattanooga State authors will follow guidelines set forth in TBR Policy No. 5:01:06:00, "Patents and Copyright Laws of the United States." The copyright laws are available on the Chattanooga State Library web page: http://library.chattanoogastate.edu/policy/copyrite.htm.
2. Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institute with Respect to Books and Periodicals
- 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:
- The copying meets all tests of brevity and spontaneity as defined below.
- The copying meets the cumulative effect test as defined below.
- Each copy includes a notice of copyright.
- Brevity: (Each of the numerical limits stated in "1" and "2" below may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)
- A complete poem if less than 250 words and if printed on not more than two pages; or
- From a longer poem, an excerpt of not more than 260 words.
- Either a complete article, story or essay of less than 2,500 words; or
- 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 a minimum of 500 words.
- Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
- "Special" works: Certain works in poetry, prose or in a "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "i" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof may be reproduced.
- Spontaneity: The copying is at the instance and inspiration of the individual teacher.
- 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.
- Cumulative Effect: (The limitations stated in "2" and "3" below shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)
- The copying of the material is for only one course in the school in which the copies are made.
- 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 one class term.
- There shall not be more than nine (9) instances of such multiple copying for one course during one class term.
- Prohibitions: Notwithstanding any of the above, the following shall be prohibited:
- 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 are reproduced and used separately.
- There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
- Copying shall not:
- Substitute for the purchase of books, publisher's reprints or periodicals;
- Be directed by higher authority; or
- Be repeated with respect to the same item by the same teacher from term to term.
- No charge shall be made to the student beyond the actual cost of the photocopying.
Source: Approved Executive Staff, President's Cabinet, and President, August 21, 2000.
(From the Employee Handbook, 2004: COPYRIGHT FOR THE CAMPUS COMMUNITY, Chattanooga State Community College)
A Brief Guide to TEACH. Danvers, MA: Copyright Clearance Center, 2003.
"Copyright for the Campus Community." Employee Handbook, 2004. Chattanooga, TN: Chattanooga State Community College, 2004.
"Distance Education and Intellectual Property, Guideline A-075." Tennessee Board of Regents. 21 July 2004 <http://www.tbr.state.tn.us/policies_guidelines/academic_guidelines/A-075.htm>.
Etchemendy, John. "Copyright Reminder." Memo to Members of the Faculty, Hoover Institution Fellows, Senior Fellows, Department Administrators, Academic Staff (teaching and research), Library Directors and Students, Stanford University, Palo Alto, CA. Fall 2003. [permission to use obtained from Lauren Schoenthaler, University Counsel, Stanford University, June 4, 2004].
Giampapa, Joe. "TEACH Act." Memo to Presidents, Directors, Tennessee Board of Regents, Nashville, TN. 23 January 2003.
"Information Technology Responsible Use Policy." Chattanooga State Community College. 21 July 2004 <http://www.chattanoogastate.edu/Information_Technology/itpolicy.asp>.
"Patents and Copyrights." Employee Handbook, 2004. Chattanooga, TN: Chattanooga State Community College, 2004.
"THE TECHNOLOGY, EDUCATION AND COPYRIGHT HARMONIZATION ACT OF 2002 (TEACH ACT)." NACUANOTES, 1.2, 10 Jan 2003.
"Use of Copyrighted Materials Policy." Pellissippi State Technical Community College. 1 June 2004 <http://www.pstcc.cc.tn.us/misc/ppm/06-11-01.htm>.
"Scholarly Communication at NC State." Scholarly Communication Center, North Carolina State University19 February 2004. 9 August 2004. <http://www.lib.ncsu.edu/scc/index.html>.
Revised August 2004
Source: TBR Policy 05:01:06:00
Approved: Executive Staff, 05/20/09
Approved: President's Cabinet, 05/20/09
Approved: President, 05/20/09
Reviewed and Revised by: Academic Affairs, 03/20/09