ITHACA COLLEGE
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VOLUME II
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2.32 Copyright Policy and Guidelines
This policy and guidelines are designed to ensure all faculty, staff, and students have access to consistent information on copyright in accordance with federal law. Ithaca College is committed to supporting teaching, research, learning and nonacademic operations in the advancement of the College’s educational mission. Intellectual, technological, and information resources and materials are provided for use by the entire College community and are to be used in accordance with the provisions of 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, unless licenses or agreements exist which allow for exceptions. All users of such resources and materials are expected to follow the standards outlined in the College’s copyright policy and supporting guidelines.
It is the policy of Ithaca College to comply with 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. All reproduction or use of copyrighted materials must comply with the provisions of the law. This includes following the guidelines provided related to items in all media, such as written works, musical works, dramatic works, pictorial and graphic works, sculptural works, motion picture, television, and other audiovisual works, sound recordings, multimedia works, and digital and computer works and programs. The College prohibits the duplication, distribution, or use of materials by faculty, students, or other employees of any copyrighted material not covered by fair use or the Technology, Education and Copyright Harmonization Act of 2002, specific exemptions in the copyright law or licenses and agreements, or written permissions from copyright holders. All members of the College community – faculty, students, staff and administrators – are expected to adhere to the limits for copying and the use of materials in presentations in a manner permissible under the fair use doctrine and guidelines, including those specifically granted to educators in classroom settings. In accordance with the law, violations of this policy may subject the violating party to civil remedies and criminal penalties as defined in the U.S. Copyright Act. Under the law, both individuals and Ithaca College are liable for copyright infringement. Individuals who disregard copyright law put themselves legally and financially at risk.
The Digital Millennium Copyright Act (DMCA) was passed in 1998 in part as a response to international concern for copyright protection, in order to provide limited protections for Internet Service Providers (ISPs) and to address other related issues. For the purposes of this act, Ithaca College is considered an ISP and adheres to the procedures outlined in the DMCA for responding to reports alleging copyright infringements on Ithaca College's computers and networks.
The DMCA requires that the College take timely action when presented with a notice that conforms to the requirements of the DMCA alleging copyright infringement on our computers or networks.
The Technology, Education and Copyright Harmonization Act (TEACH Act) was passed into law in November 2002. The TEACH Act allows faculty to use copyrighted works in digital teaching materials both for students enrolled in traditional classroom settings as well as for distance learning courses. In order to use materials that qualify under the TEACH Act, the following conditions must be satisfied:
The TEACH Act does not apply to the following:
Fair use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. The Copyright Act of 1976 recognizes the need for educators, scholars and students to use copyrighted materials without permission from the copyright holder. This provision is called fair use. Specifically, fair use doctrine offers a means of balancing the exclusive right of the copyright holder with the public’s interest in dissemination of information affecting areas of universal concern, such as art, science, history, or industry. The fair use provision of the Copyright Act allows reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reports, teaching, scholarship, and/or research. The guidelines that follow provide principles for all members of the College community who wish to use and/or digitize copyrighted works under fair use rather than by seeking authorization from the copyright owners for noncommercial educational purposes. The key determiner of fair use is the amount of a selected work that is disseminated without permission from the copyright holder. In determining whether the use is within the fair use doctrine, the following four factors must be considered: Four factors of fair use:
Essentially, fair use is allowed as long as the use does not affect the economic viability of the materials. Economic viability is affected if the use in question captures the “essence” of the copyrighted work. Faculty who follow these guidelines should be covered by the fair use provision of the Act. However, fair use cannot be solely determined by resort to arbitrary rules or fixed criteria and requires examination of circumstances in each case. fair use applies to printed and electronically stored copyrighted works. A statement of the copyright along with clear attribution must be included with each permitted use. Examples of Uses Permitted Copying, with clear attribution, is generally permitted in the following instances:
Examples of Uses Not Permitted Copying is not permitted in the following instances:
All College offices are responsible for posting notices of the following duplicating policy, along with fair use guidelines, at or near all computer and photocopying sites, such as departmental copy rooms, the Library, and all public computer rooms and workrooms. |
Duplicating Policy Copying, displaying and distributing copyrighted works, may infringe the owner's copyright. Ithaca College’s Copyright Policy and 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. |
| Documents for creating notices to be posted can be found below:
If you seek to use copyrighted material that goes beyond fair use, you must obtain written permission from the copyright owner to copy the work. Prior to seeking permission, you should check with the Library administrative office to determine whether the College maintains a licensing agreement for the work. The College participates in contractual arrangements mandating royalty payments or licensing fees to copyright owners whenever feasible. The fastest and easiest way of requesting permission is to use email. If sending a letter by regular mail, enclose a self-addressed, stamped envelope and include lines at the bottom of the letter for the copyright owner to date, sign, and grant/deny permission. You should also mail two copies of the letter so that the copyright owner can keep one and return a signed copy to you in the self-addressed, stamped envelope. When seeking copyright permission include the following details in your request: title, author, edition, date, material to be duplicated, number of copies, distribution, purpose, and type of reprint. It is important to maintain permanent records of permissions sought, denied, or granted. You should keep permission letters forever to defend against claims of infringement. For more information and samples of permission letters, see the U.S. Copyright Office.
Campus computer resources and facilities may not be used to duplicate, share, or distribute any copyrighted material without the permission of the copyright holder (with the exception of instances that fall within the fair use or TEACH Act guidelines or the Ithaca College computer software guidelines). Examples of copyrighted material include text, images, music, movies, CD’s, and DVD’s. Further examples of prohibited activities include, but are not limited to, the following:
Original unpublished work in any medium is assumed to be copyright protected upon creation and does not need to contain a copyright notice. All unpublished works are subject to the same general copyright guidelines stipulated throughout this document.
Sections 107 and 108 of the U. S. Copyright Law govern photocopying and other forms of reproduction of copyrighted materials. Section 107, the fair use clause, allows general photocopying under a specified set of conditions. Section 108 grants additional specific rights to libraries and archives in an attempt to balance the rights of creators and the needs of users. Other sections of the law also apply in specific situations. All electronic documents are subject to the same general copyright guidelines stipulated throughout this document. Guidelines for photocopying, reproduction, and use:
WHEN WORKS PASS INTO THE PUBLIC DOMAIN |
Date of Work |
Protection in Effect from |
Term |
Created 1-1-78 or after |
When work is fixed in tangible medium of expression |
Life + 70 years (or if work of corporate authorship, 95 years from publication, or 120 years from creation, whichever is first) |
Published 1922 or earlier |
Now in public domain |
None |
Published between 1923-1963 |
When published with notice |
28 years + could be renewed for 67 years; if not so renewed, now in public domain |
published 1964-1977 |
When published with notice |
28 years for first term; now automatic extension of 67 years for second term |
Created before 1-1-78 but not published |
1-1-78, the effective date of the 1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2002, whichever is greater |
Created before 1-1-78 but published between then and 12-31-2002 |
1-1-78, the effective date of the 1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2047, whichever is greater |
The following information provides guidance on specific media affected by copyright law.
The applicable guidelines are under General Guidelines for Duplication and Use (section 2.32.9) and Fair Use Guidelines Of Copyrighted Materials (section 2.32.5).
A course pack (or anthology) is a collection of articles or chapters of a book, bound together and distributed to students to augment coursework. In producing a course pack for distribution or sale, you are legally required to obtain permission from the copyright owner (usually the publisher) of all copyrighted materials. This applies whether the course pack is produced by an individual or by a copying service, either at an on-campus or off-campus location. See Seeking Copyright Permission. Guidelines for course packs:
If permission is not obtained, you may place the individual separate readings, not the entire bound anthology, on course reserve in the IC library.
Examples of Uses Permitted Copying of printed music (paper or electronic) is permissible under the following fair use guidelines. A statement of copyright along with clear attribution of source must be included with each permitted use.
Examples of Uses Not Permitted Printed music (paper or electronic) may not be copied under the following fair use guidelines:
For more information, see Music Library Association Copyright for Music Librarians.
Copyright law protects live and recorded (analog or digital) audio performances and the rights to perform and/or record copyrighted works, in all sound formats, including the Web. Use of these copyrighted works may require permission from the copyright holder. In the case of music, more than one permission may be necessary—one from the composer, one from the lyricist, and one from the performer. A statement of copyright along with clear attribution of source must be included with each permitted use. It is prohibited to use campus computer resources to share or distribute copyrighted audio material to others without the permission of the copyright holder (see Copyright and College Computer Resources, section 2.32.8). A single copy (analog or digital) of recordings of student performances may be made for evaluation or rehearsal purposes and may be retained by the student, the individual instructor, or the College. Musical and non-music recordings: Copying or digitizing sound recordings is prohibited unless replacement recordings from a commercial source cannot be obtained at a fair price. Recording brief excerpts is considered fair use (e.g., incorporating a piece of music into a classroom presentation or project). Faculty may make a single copy (analog or digital) for the purpose of constructing aural exercises or examinations or for Library reserve use. A statement of copyright along with clear attribution of source must be included with each permitted use.
Film and video resources in all formats may only be used in face-to-face classroom instruction or for individual viewing, unless public performance or unlimited use rights have been obtained. Many videos purchased by the College are licensed for classroom use only and exclude public performance rights. The same restrictions apply to personally owned videos or those obtained from other sources. 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, the circumstances in which a film or video may be shown. The Library may loan video resources to patrons for personal use, including those labeled “For Home Use Only.” It is prohibited to use campus computer resources to share or distribute any type of copyrighted video and film material to others without the permission of the copyright holder. See Copyright and College Computer Resources (section 2.32.8). A statement of copyright along with clear attribution of source must be included with each permitted use.
Recording of broadcast programs (television, radio, Webcast) is subject to the following:
Permission from the copyright holder must be obtained prior to copying any copyrighted film or videotape. Copying, as a whole or in parts, from films and videos is prohibited. Duplication from one format or standard to another (e.g., film to VHS) depends in part on the availability of the title in the alternate format or standard. For more information, see American Library Association, Video and Copyright.
Downloading, distributing, reproducing and publishing images are subject to limitations. Faculty and students may not reproduce/publish copyrighted images without permission, except according to fair use guidelines. Images can include art, photography, graphics (such as drawings, charts, logos, and cartoons), PowerPoint presentations, animations, etc. The following guidelines apply to the reproduction of images (35mm slides, photographs, digital images) and their use for educational purposes, including classroom use and use in multimedia creations and/or presentations. Example of Uses Permitted
Example of Uses Not Permitted
Faculty may display digital images for educational purposes, including face-to-face teaching of curriculum-based courses, and research and scholarly activities. They may also compile digital images for display on password-protected institutional sites to students enrolled in a course given by that faculty for classroom use, after-class review, or directed study, during the semester in which the course is given. Faculty may also use or display images in connection with lectures or presentations in their fields, including uses at non-commercial professional development seminars, workshops, and conferences. Students may use digital images in an academic course assignment such as a term paper or thesis or in fulfillment of degree requirements. Students may also display their academic work incorporating digital images for courses for which they are registered and during formal critiques. They may also retain their academic work in the personal portfolios for later uses such as graduate school and employment applications.
All multimedia creations and presentations, both scholarly and artistic, are subject to the following guidelines, as developed by the Consortium of College and University Media Centers.
For more information, see Visual Resources Association, Image Collection Guidelines. Use the Copy Photography Computator to help discern additional image rights. For more information, see the U.S. Copyright Office.
Copyright law protects computer software from unauthorized use and duplication. All software must also be used in accordance with the terms of its license, which usually states how programs may or may not be copied. Software documentation is also covered by copyright law and may only be copied in accordance with its software license or the general guidelines for copying printed or electronic material. Ithaca College negotiates site licenses with selected software vendors for some of the products used most frequently on campus (see www.ithaca.edu/computing/). For all other software, the department or end user must purchase an individual or multi-user license for each machine on which the software will be installed. Usually, computer software may be copied for backup purposes only. With a few rare exceptions, Ithaca College software licenses do not permit use of the software on home or personally owned machines. Users of computer software on campus must also abide by the All-College Computer and Network Use Policy. For more information: Software and Information Industry Association.
Section 108 of the Copyright Law grants additional specific rights to libraries and archives in an attempt to balance the rights of copyright holders and the needs of library users.
At the request of a faculty member, the Library will place materials from its collections on Reserve. The Library may also photocopy and place on reserve (paper or electronic) excerpts from copyrighted works in its collections. In general, Library staff may photocopy or digitize materials for reserve use for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education requires, such as advanced independent study and research. Several of the licenses for the Library’s electronic resources include provisions that allow using electronic articles for course reserves. Access to electronic reserves is provided to the requesting faculty member and students enrolled in the course through campus-restricted networks. The Library may photocopy and digitize an entire article, or an entire chapter from a book (not to exceed 10% of the entire work), or an entire poem. The Library reserves the right to refuse to place items on reserve that do not comply with the copyright law, such as reproductions of entire books or entire issues of journals or course packs or other anthologies a faculty member has compiled, where permissions have not been obtained. The Library is required to remove all course reserves at the completion of the course. When articles are requested for reserves use for more than one semester, the Library either contacts the Copyright Clearance Center or writes to the publisher directly to obtain permission for continued use. If permission for continued use is denied, the material will be returned to the faculty member along with an explanation. Due to copyright restrictions, the Library prefers to place books on reserve rather than copies of chapters. If student papers are to be placed on reserve, a signed release form from the student(s) must accompany the paper(s) at the time they are submitted for reserve. Release forms are available at the Library’s Access Services Desk. All material reproduced by the Library must include notification of compliance with the U.S. Copyright Law. Questions regarding copyright and Library course reserves should be directed to the Access Services Manager.
The Library will place materials from its multi-media and music collections on Reserve, including scores, sound recordings and videos. For academic purposes other than performance, photocopies of excerpts of scores (paper or electronic) may be placed on reserve so long as the part does not constitute a performable unit, e.g., a movement or aria. In no case may the photocopy be more than 10 percent of the whole. The Library may digitize sound recordings and videos for digital reserves. Access to digital reserves is provided through campus-restricted networks to the requesting faculty member and students enrolled in the course. In addition, recorded excerpts of copyrighted videos, films, and sound recordings (analog or digital), including lyrics and music, may be placed on reserve. A single copy of student performances may be placed on reserve for evaluation or rehearsal purposes. Guest lecturers, performers or others who are not enrolled in the class must sign a permission waiver to be videotaped or recorded. A copy of this waiver must accompany the audio or video recording to be placed on reserve. Off-air broadcasts may only be placed on reserve during the first ten consecutive school days after the initial broadcast. Submit the date and time the program aired, as well as the source of the recording, such as a network, independent television station or Webcast. Questions regarding copyright and the use of Multi-Media music or visual course reserves should be directed to the Multi-Media Services Manager. For more information, see Library Course Reserve Policy.
The Library obtains photocopies of journal articles or other resources from other libraries for students, faculty and staff, in compliance with subsection 108(G)(2) of the copyright law and the guidelines established by CONTU, the National Commission on New Technological Uses of Copyrighted Works. The Library also provides photocopies of materials in Ithaca College’s collections to other libraries subject to the same set of guidelines. The copy obtained through interlibrary loan must become the property of the requestor, and its use is limited to private study, scholarship, or research. The requestor must submit a completed interlibrary loan request form for each photocopy requested from another library. When research needs require copying beyond the limits of fair use, permission to copy must be obtained from the copyright owner and/or payment of royalties may be necessary. The Library pays royalties through the Copyright Clearance Center.
PUBLIC NOTIFICATION SIGNS GENERAL U.S. Copyright Office Digital Millennium Copyright Act (DMCA) Technology, Education and Copyright Harmonization Act (TEACH Act) SITES PERTAINING TO PRINTED MUSIC
SITES PERTAINING TO BROADCAST PROGRAMS |
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| SITES PERTAINING TO MULTIMEDIA CREATIONS AND PRESENTATIONS
SITES PERTAINING TO COMPUTER SOFTWARE
SITES PERTAINING TO ITHACA COLLEGE LIBRARY COURSE RESERVES
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Added: October 28, 2004 |
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This document is maintained by the Office of the College Attorney. Send comments to: Deb Emnett |