Regis University Copyright Policy Regis University prohibits copying not specifically allowed by copyright laws and guidelines, fair use principles, license agreements or the permission of the copyright holder. This policy seeks to ensure compliance with the law without disruption to effective teaching and research within the University. This policy provides information and guidelines by which the Regis University community should abide by the United States Copyright Law and other applicable laws. Regis University places liability for willful infringement of this policy on the person authorizing the copying. The following notice shall be posted on or near all equipment capable of making copies indicating that all copies made on University equipment shall be in compliance with this copyright policy. Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted materials; the person using this equipment is liable for any infringement. Regis University expects that adequate records shall be maintained within the appropriate units or departments regarding permissions, responses to requests for permissions, and license agreements. A copyright advisor shall be named for the University by the Dean of Libraries. The duties of the copyright advisor shall include monitoring changes in copyright statutes and regulations, acting as a resource to the Regis University community on matters related to copyright in all media, and providing for on-going copyright education in support of University compliance with copyright. The user (faculty, staff or librarian) must secure permission to copy whenever it is legally necessary. Instructions for securing permission to copy copyrighted works when such copying is beyond the limits of fair use appear within the guidelines. Copyright Guidelines Photocopying and Scanning for Classroom and Research Use Although the faculty and staff of Regis University may use copied materials to supplement research and teaching, the copying of copyrighted materials is a right granted under the copyright law's doctrine of "fair use" and must not be abused. Copyright is a constitutionally conceived property right designed to promote the progress of science and the useful arts by securing for an author the benefits of his or her original work of authorship for a limited time. U.S. Constitution, Art. I, Sec. 8. The Copyright statute, 17 U.S.C. % 101 et seq., implements this policy by balancing the author's interest against the public interest in the dissemination of information affecting areas of universal concern, such as art, science, history and business. The grand design of this delicate balance is to foster the creation and dissemination of intellectual works for the general public. Fair Use Guidelines The Copyright Act defines the rights of a copyright holder and how they may be enforced against an infringer. Included within the Copyright Act is the "fair use" doctrine which allows, under certain conditions, the copying of copyrighted material. While the act lists general factors under the heading of "fair use" it provides little in the way of specific directions for what constitutes fair use. The law states: 17 U.S.C. %107. Limitation on exclusive rights: Fair use Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and Effect of the use upon the potential market for or value of the copyrighted work. Copyright law applies to all forms of copying, whether it is undertaken at a commercial copying center, at the University's Duplication Center, departmental copying facilities, or at a self-service machine. While you are free to use the services of a commercial establishment, you should be prepared to provide documentation of permission from the publisher (if such permission is necessary under this policy), since many commercial copiers will require such proof. Unrestricted Copying (Public Domain) Uncopyrighted Published Works published before January 1, 1978 that have never been copyrighted may be copied without restriction. Copies of works protected by copyright must bear a copyright notice, which consists of the symbol ©, or the word "Copyright," or the abbreviation "Copy.," plus the year of first publication, plus the name of the copyright owner. 17 U.S.C. % 401. As to works published before January 1, 1978, in the case of a book, the notice must be placed on the title page or the reverse side of the title page. In the case of a periodical the notice must be placed either on the title page, the first page of text, or in the masthead. A pre-1978 failure to comply with the notice requirements resulted in the work being injected into the public domain, i.e., unprotected. Copyright notice requirements have been relaxed since 1978, so that the absence of notice on copies of a work published after January 1, 1978 does not necessarily mean the work is in the public domain. 17 U.S.C. % 405 (a) and (c). However, you will not be liable for damages for copyright infringement of works published after that date, if, after normal inspection, you copy a work on which you cannot find a copyright symbol and you have not received actual notice of the fact the work is copyrighted. 17 U.S.C. % 405 (b). However, a copyright owner who found out about your copying would have the right to prevent further distribution of the copies if in fact the work were copyrighted and the copies are infringing . 17 U.S.C. % 405 (b). Published Works with Expired Copyrights may be copied without restriction. All copyrights prior to 1923 have expired. 17 U.S.C. % 304(b). Copyrights granted 1923 and later may have been renewed; however the writing will probably not contain notice of the renewal. Therefore, it should be assumed all writings dated 1923 or later are covered by a valid copyright unless information to the contrary is obtained from the owner or the U.S. Copyright Office. (See Copyright Office Circular 15t). Copyright Office Circular 22 explains how to investigate the copyright status of a work. One way is to search copyright records. Alternatively, you may request the Copyright Office to conduct a search of its registration and/or assignment records. The Office charges an hourly fee for this service. You will need to submit as much information as you have concerning the work in which you are interested, such as the title, author, approximate date of publication, the type of work or any available copyright data. The Copyright Office does caution that its searches are not conclusive; for instance, if a work obtained copyright less than twenty-eight years ago, it may be fully protected although there has been no registration or deposit. Unpublished Works such as theses and dissertations, may be protected by copyright. If such a work was created before January 1, 1978, and has not been copyrighted or published without copyright notice, the work is protected under the new act for the life of the author plus 70 years, 17 U.S.C. % 303, but in no case earlier than December 31, 2002. If such a work is published on or before that date, the copyright will not expire before December 31, 2047. Works created after January 1, 1978, and not published enjoy copyright protection for the life of the author plus 70 years. 17 U.S.C. % 302. U.S. Government Publications with the possible exception of some National Technical Information Service publications less than five years old may be copied without restrictions, except to the extent they contain copyrighted materials from other sources. 17 U.S.C. % 105. U. S. Government publications are documents prepared by an official or employee of the government in an official capacity. 17 U.S.C. % 101. Government publications include the opinions of courts in legal cases, congressional reports on proposed bills, testimony offered at congressional hearings and the works of government employees in their official capacities. Works prepared by outside authors on contract to the government may or may not be protected by copyright, depending on the specifics of the contract. In the absence of copyright notice on such works, it would be reasonable to assume they are government works in the public domain. It should be noted that state government works may be protected by copyright. See 17 U.S.C. % 105. However, the opinions of state courts are not protected. Permissible Copying of Copyrighted Works (Fair Use) The Copyright Act allows anyone to copy works without seeking permission from the copyright owner when the copying amounts to a "fair use" of the material. 17 U.S.C. % 107. The guidelines in this report discuss the boundaries for fair use of copied material used in research or the classroom or in a library reserve operation. Fair use cannot always be expressed in numbers; either the number of pages copied or the number of copies distributed. Therefore, you should weigh the various factors listed in the act and judge whether the intended use of copied, copyrighted material is within the spirit of the fair use doctrine. Any serious questions concerning whether a particular copying constitutes fair use should be directed to University counsel. Research Uses At the very least, instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class: A chapter from a book An article from a periodical or newspaper A short story, short essay, or short poem, whether or not from a collective work A chart, diagram, graph, drawing, cartoon or picture from a book, periodical, or newspaper These examples reflect the most conservative guidelines for fair use. They do not represent inviolate ceilings for the amount of copyrighted material that can be copied within the boundaries of fair use. When exceeding these minimum levels, however, you again should consider the four factors listed in Section 107 of the Copyright Act to make sure that any additional copying is justified. The following demonstrate situations where increased levels of copying would continue to remain within fair use: The inability to obtain another copy of the work because it is not available from another library or source or cannot be obtained within your time constraints; The intention to copy the material only once and not to distribute the material to others; The ability to keep the amount of material copied within a reasonable proportion to the entire work (the larger the work, the greater amount of material which may be copied) Most single-copy copying for your personal use in research—even when it involves a substantial portion of a work—may well constitute fair use. Classroom Uses Primary and secondary school educators have, with publishers, developed the following guidelines, which allow a teacher to distribute copied material to students in a class without the publisher's prior permission, under the following conditions: The distribution of the same copied material does not occur every semester; Only one copy is distributed for each student and the copy must become the student's property; The material includes a copyright notice on the first page of the portion of material photocopied; The students are not assessed any fee beyond the actual cost of the copying In addition, the educators agreed that the amount of material distributed should not exceed certain brevity standards. Under those guidelines, a prose work may be reproduced in its entirety if it is less than 2,500 words in length. If the work exceeds such length, the excerpt reproduced may not exceed 1,000 words, or ten percent of the work, whichever is less. In the case of poetry, 250 words is the maximum permitted. These minimum standards normally would not be realistic in the university setting. Faculty members needing to exceed these limits for college education should not feel hampered by these guidelines, although they should attempt a "selective and sparing" use of photocopied, copyrighted material. The copying practices of an instructor should not have a significant detrimental impact on the market for the copyrighted work. 17 U.S.C. % 107(4). To guard against this effect, you usually should restrict use of an item of copied material to one course and you should not repeatedly copy excerpts from one periodical or author without the permission of the copyright owner. Library Reserve Uses At the request of a faculty member, a library may photocopy or digitally scan and place on reserve excerpts from copyrighted works in its collection in accordance with guidelines similar to those governing formal classroom distribution for face-to-face teaching discussed above. Regis University believes that these guidelines apply to library reserve operations to the extent they function as an extension of classroom readings or reflect an individual student's right to copy for personal scholastic use under the doctrine of fair use. In general, librarians may copy materials for reserve use for the convenience of students both in preparing class assignments and in pursuing informal educational activities that higher education requires, such as advanced independent study and research. It is recommended that faculty review the full text of library reserve policies. Copied Material Use Requiring Permission Permission from a copyright owner is required when using copied material in the following ways. Repetitive copying. The classroom or reserve use of copied materials in multiple courses or successive years will normally require advance permission from the owner of the copyright, 17 U.S.C. % 107(3). Copying for profit. Faculty should not charge students more than the actual cost of copying the material, 17 U.S.C. % 107(1). Consumable works.The duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner, 17 U.S.C. % 107(4). Creation of anthologies as basic text material for a course. Creation of a collective work or anthology by copying a number of copyrighted articles and excerpts to be purchased and used together as the basic text for a course will in most instances require the permission of the copyright owners. Such copying is more likely to be considered as a substitute for purchase of a book and thus less likely to be deemed fair use, 17 U. S.C. % 107(4). How to Obtain Copyright Permission When a use of copied material requires that you request permission, you should communicate complete and accurate information to the copyright owner. The Association of American Publishers suggests that the following information be included in a permission request letter in order to expedite the process: Author's, editor's, translator's full name(s) Title, edition and volume number of book or journal Copyright date ISBN for books, ISSN for magazines and journals Numbers of the exact pages, figures and illustrations If you are requesting a chapter or more, both exact chapter(s) and exact page numbers Whether material will be used alone or combined with other photocopied material Number of copies to be produced Name of college or university Course name and number Semester and year in which material will be used Instructor's full name Method of reproduction (photocopying, scanning, etc.) The request should be sent, together with a self-addressed return envelope, to the permission department of the publisher in question. If the address of the publisher does not appear at the front of the material, it may be readily obtained in a publication entitled The Literary Marketplace, published by the R.R. Bowker Company or the Books in Print database both available through the University Libraries. The process of granting permission requires time for the publisher to check the status of the copyright and to evaluate the nature of the request. It is advisable, therefore, to allow enough lead time to obtain permission before the materials are needed. In some instances. the publisher may assess a fee for the permission. It is not inappropriate to pass this fee on to the students who receive copies of the copied material. The Copyright Clearance Center also has the right to grant permission and collect fees for copying rights for certain publications. Libraries may copy from any journal that is registered with the CCC and report the copying beyond fair use to CCC and pay the set fee. A list of publications for which the CCC handles fees and permissions is available from the The Copyright Clearance Center website. Copyright Infringement Courts and legal scholars alike have commented that the fair use provisions in the Copyright Act are among the most vague and difficult that can be found anywhere in the law. In amending the Copyright Act of 1976, Congress anticipated the problem this would pose for users of copyrighted materials who wished to stay under the umbrella of protection offered by fair use. For this reason, the Copyright Act contains specific provisions that grant additional rights to libraries and insulate employees of a nonprofit educational institution, library, or archives from statutory damages for infringement where the infringer believed or had reasonable ground to believe the copying was a fair use of the material. 17 U.S.C. % 504(c)(2). Normally, an infringer is liable to the copyright owner for the actual losses sustained because of the copying and any additional profits of the infringer. 17 U.S.C. % 504(a)(l) and (b). Where the monetary losses are nominal, the copyright owner usually will claim statutory damages instead of the actual losses. 17 U. S.C. % 504(a)(2) and (c). The statutory damages may reach as high as [$20,000] (or up to [$100,000] if the infringement is willful). In addition to suing for money damages, a copyright owner can usually prevent future infringement through a court injunction. 17 U.S.C. % 502. The Copyright Act specifically exempts from statutory damages any employee of a nonprofit educational institution, library, or archives, who "believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under Section 107." 17 U.S.C. % 504(c)(2). While the fair use provisions are admittedly ambiguous, any employee who attempts to stay within the guidelines contained in this report should have an adequate good faith defense in the case of an innocently committed infringement. If the criteria contained in this report are followed, it is our view that no copyright infringement will occur and that there will be no adverse effect on the market for copyrighted works. Guidelines for Educational Uses of Music The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of HR 2233. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines. Moreover the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Act. There may be instances in which copying that does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use. PERMISSIBLE USES Emergency copying to replace purchased copies that for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course. For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole that would constitute a performable unit such as a section, movement or aria, but in no case more than ten percent of the whole work. The number of copies shall not exceed one copy per pupil. For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) that is (a) confirmed by the copyright proprietor to be out of print or (b) unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his or her scholarly research or in preparation to teach a class. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher. A single copy of a sound recording (such as a tape, disc, cassette or digital file) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.) PROHIBITIONS Copying to create or replace or substitute for anthologies, compilations or collective works. Copying of or from works intended to be consumable in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets. Copying for the purpose of performance, except as in Permissible Uses above. Copying for the purpose of substituting for the purchase of music, except as in Permissible Uses above. Copying without inclusion of the copyright notice which appears on the printed copy. Off-Air Recording of Broadcast Programming for Educational Purposes In March of 1979, Congressman Robert Kastenmeier, Chairman of the House Subcommittee on Courts, Civil Liberties and Administration of Justice, appointed a Negotiating Committee consisting of representatives of education organizations, copyright proprietors, and creative guilds and unions. The following guidelines reflect the Negotiating Committee's consensus as to the application of "fair use" to the recording, retention and use of television broadcast programs for educational purposes. They specify periods of retention and use of such off-air recordings in classrooms and similar places devoted to instruction and for homebound instruction. The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs. The guidelines were developed to apply only to off-air recording by nonprofit educational institutions. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a nonprofit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. "School days are school session days -- not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions -- within the forty-five (45) calendar day retention period. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded. Use of Copyrighted Videotapes and Digital Media The Copyright Revision Act of 1976 clearly protects audiovisual works such as films and videotapes. The rights of copyright include the rights of reproduction, adaptation, distribution, public performance and display. All of these rights are subject, however, to "fair use," depending on the purpose of the use, the nature of the work, the amount of the work used and the effect the use has on the market for the copyrighted work. Libraries purchase a wide range of educational and entertainment videotapes and digital media for in-library use and for lending to patrons. Since ownership of a physical object is different from ownership of the copyright therein, guidelines are necessary to define what libraries can do with the media they own without infringing the copyrights they don't own. If a particular use would be an infringement, permission can always be sought from the copyright owner. In-classroom Use The performance must be by instructors (including guest lecturers) or by pupils; and The performance is in connection with face-to-face teaching activities; and The entire audience is involved in the teaching activity; and The entire audience is in the same room or same general area; The teaching activities are conducted by a nonprofit educational institution; and The performance takes place in a classroom or similar place devoted to instruction, such as a school library, gym, auditorium or workshop; The media is lawfully made; the person responsible had no reason to believe that the media was unlawfully made. In-library Use Most performances of media in a public room as part of an entertainment or cultural program, whether a fee is charged or not, would be infringing and a performance license is required from the copyright owner. To the extent media is used in an educational program conducted in a library's public room, the performance will not be infringing if the requirements for classroom use are met (see above). Libraries that allow groups to use or rent their public meeting rooms should, as part of their rental agreement, require the group to warrant that it will secure all necessary performance licenses and indemnifies the library for any failure on their part to do so. If patrons are allowed to view media on library-owned equipment, they should be limited to private performances, i.e., one person, or no more than one family, at a time. User charges for private viewings should be nominal and directly related to the cost of maintenance of the media. Even if media is labeled "For Home Use Only," private viewing in the library should be considered to be authorized by the vendor's sale to the library with imputed knowledge of the library's intended use of the media. Notices may be posted on video recorders or players used in the library and classrooms to educate and warn patrons about the existence of the copyright laws, such as: MANY RECORDED MATERIALS ARE PROTECTED BY COPYRIGHT. 17 U.S.C. % 101. Unauthorized COPYING MAY BE PROHIBITED BY LAW. Loan of Videotapes and DVDs Videotapes and DVDs labeled "For Home Use Only" may be loaned to patrons for their personal use. They should not knowingly be loaned to groups for public performances. Copyright notice as it appears on the label of a videotape or DVD should not be obscured. Nominal user fees may be charged. If a patron inquires about a planned performance of a videotape or DVD, he or she should be informed that only private uses of it are lawful. Video recorders may be loaned to a patron without fear of liability even if the patron uses the recorder to infringe a copyright. However, it may be a good idea to post notices on equipment that may be used for copying (even if an additional machine would be required) to assist copyright owners in preventing unauthorized reproduction. Duplication of Videotapes. Under limited circumstances libraries may duplicate a videotape or a part thereof, but the rules of % 108 of the Copyright Revision Act of 1976 which librarians routinely utilize with respect to photocopying, apply to the reproduction. Use of Computer Software Purchasing Software Most computer software purports to be licensed rather than sold. Frequently, the package containing the software is wrapped in clear plastic through which legends similar to the following appear: You should carefully read the following terms and conditions before opening this diskette package. Opening this diskette package indicates your acceptance of these terms and conditions. If you do not agree with them you should promptly return the package unopened and your money will be refunded; or Read this agreement carefully. Use of this product constitutes your acceptance of the terms and conditions of this agreement; or This program is licensed on the condition that you agree to the terms and conditions of this license agreement. If you do not agree to them, return the package with the diskette still sealed and your purchase price will be refunded. Opening this diskette package indicates your acceptance of these terms and conditions. While there is at present no case law concerning the validity of such agreements (which are unilaterally imposed by producers), in the absence of authority to the contrary, one should assume that such licenses are in fact binding contracts. Therefore by opening and using the software the library or classroom may become contractually bound by the terms of the agreement wholly apart from the rights granted the copyright owner under the copyright laws. Following such legends are the terms and conditions of the license agreement. The terms vary greatly between software producers and sometimes between programs produced by the same producer. Many explicitly prohibit rental or lending; some limit the program to use on one identified computer or to one user's personal use. License Restrictions Loans of software may violate the standard license terms imposed by the copyright owner. To avoid the inconsistencies between sale to a library and the standard license restriction, libraries should note on their purchase orders the intended use of software meant to circulate. Such a legend should read: PURCHASE IS ORDERED FOR LIBRARY CIRCULATION AND PATRON USE. Then, if the order is filled, the library is in a good position to argue that its terms, rather than the standard license restrictions, apply. Loaning Software Copyright notice placed on a software label should not be obscured. License terms, if any, should be circulated with the software package. An additional notice may be added by the library to assist copyright owners in preventing theft. It might read: SOFTWARE PROTECTED BY COPYRIGHT. 17 U.S.C. % 101. UNAUTHORIZED COPYING IS PROHIBITED BY LAW. Libraries generally will not be liable for infringement committed by borrowers. Archival Copies of Software Libraries may lawfully make one archival copy of a copyrighted program under the following conditions: One copy is made The archival copy is stored If possession of the original ceases to be lawful, the archival copy must be destroyed or transferred along with the original program Copyright notice should appear on the copy The original may be kept for archival purposes and the "archival copy" circulated. Only one copy—either the original or the archival—may be used or circulated at any given time. If the circulating copy is destroyed, another "archival" copy may be made. If the circulating copy is stolen, the copyright owner should be consulted before circulating or using the "archival" copy. In-library and In-classroom Use of Software License restrictions, if any, should be observed. If only one program is owned under license, ordinarily it may only be used on one machine at a time. Most licenses do not permit a single program to be loaded into a computer which can be accessed by several different terminals or into several computers for simultaneous use. If the machine is capable of being used by a patron to make a copy of a program, a warning should be posted on the machine, such as: MANY COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT. 17 U. S.C. % 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW. EDUCOM Brochure, 1992 The following information is included in the EDUCOM brochure, "A Guide to the Ethical and Legal Use of Software for Members of the Academic Community." Software enables us to accomplish many different tasks with computers. Unfortunately, in order to get our work done quickly and conveniently, some people make and use unauthorized software copies. The information below provides a brief outline of what you legally can and cannot do with software. Hopefully it will help you better understand the implications and restrictions of the U.S. Copyright Law. Relevant Facts Unauthorized copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors. Unauthorized copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community. UnauthorizedD copying and use of software deprives publishers and developers of a fair return for their work, increases prices, reduces the level of future support and enhancements, and can inhibit the development of new software products. Respect for the intellectual work of others has traditionally been essential to the mission of colleges and universities. As members of the academic community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, applications, databases and code. Therefore, we offer the following statement of principle about intellectual property and the legal and ethical use of software: The EDUCOM Code Software and Intellectual Rights Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgement, right to privacy, and right to determine the form, manner, and terms of publication and distribution. Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community. Classification of Software In terms of copyright, there are four broad classifications of software: Commercial Shareware Freeware Public Domain The restrictions and limitations regarding each classification are different. Commercial software represents the majority of software purchased from software publishers, commercial computer stores, etc. When you buy software, you are actually acquiring a license to use it, not own it. You acquire the license from the company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. In general, commercial software licenses stipulate that: The software is covered by copyright Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed Modifications to the software are not allowed Decompiling (i.e., reverse engineering) of the program is not allowed without the permission of the copyright holder Development of new works build upon the package (derivative works) is not allowed without the permission of the copyright holder Shareware is covered by copyright as well. When you acquire software under a shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire the license from the individual or company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. The copyright holders for shareware allow purchasers to make and distribute copies of the software, but demand that if, after testing the software, you adopt it for use, you must pay for it. In general, shareware software licenses stipulate that: The software is covered by copyright Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed Modifications to the software are not allowed Decompiling (i.e., reverse engineering) of the program is not allowed without the permission of the copyright holder Development of new works build upon the package (derivative works) is not allowed without the permission of the copyright holder Selling software as shareware is a marketing decision; it does not change the legal requirements with respect to copyright. That means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use. Freeware also is covered by copyright and subject to the conditions defined by the holder of the copyright. The conditions for freeware are in direct opposition to normal copyright restrictions. In general, freeware software licenses stipulate that: The software is covered by copyright Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed Modifications to the software are not allowed Decompiling (i.e., reverse engineering) of the program is not allowed without the permission of the copyright holder Development of new works built upon the package (derivative works) is allowed and encouraged with the condition that derivative works must also be designated as freeware. (This means that you cannot take freeware, modify or extend it, and then sell it as commercial or shareware software.) Public domain software comes into being when the original copyright holder explicitly relinquishes all rights to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be public domain, it must be clearly marked as such. Before March 1, 1989, it was assumed that intellectual works were NOT covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the public domain notification is stated. This means that for public domain software: Copyright rights have been relinquished Software copies can be made for both archival and distribution purposes with no restrictions as to distribution Modifications to the software are allowed Decompiling (i.e., reverse engineering) of the program code is allowed Development of new works built upon the package (derivative works) is allowed without conditions on the distribution or use of the derivative work Common Questions About Using Software What do I need to know about software and the U.S. Copyright Act? The copyright law recognizes that all intellectual works (programs, data, pictures, articles, books, etc.) are automatically covered by copyright unless it is explicitly noted to the contrary. That means that the owner of a copyright holds the exclusive right to reproduce and distribute his or her work. For software this means it is illegal to copy or distribute software, or its documentation, without the permission of the copyright holder. If you have a legal copy of software you are allowed to make a single archival copy of the software for backup purposes. However, the copy can only be used if the original software is destroyed or fails to work. When the original is given away, the backup copy must also be given with the original or destroyed. If software is not copy-protected, do I have the right to copy it? Lack of copy-protection does NOT constitute permission to copy software without authorization of the software copyright owner. "Non-copy-protected" software enables you to make a backup copy. In offering non-copy-protected software to you, the developer or publisher has demonstrated significant trust in your integrity. May I copy software that is available through facilities on my campus, so that I can use it more conveniently in my own office or room? Software acquired by colleges and universities is usually covered by licenses. The licenses should clearly state how and where the software may be legally used by members of the relevant campus communities (faculty, staff, and students). Such licenses cover software whether installed on stand-alone or networked systems, whether in private offices and rooms, or in public clusters and laboratories. Some institutional licenses permit copying for certain purposes. The license may limit copying as well. Consult your campus authorities to be sure if you are unsure about the permissible use of a particular software product. May I loan software? The 1990 modification to the copyright law makes it illegal to "loan, lease or rent software" for purposes of direct or indirect commercial advantage without the specific permission of the copyright holder. Nonprofit educational institutions are exempted from the 1990 modification, so institutional software may be loaned. Some licenses may restrict the use of a copy to a specific machine, even if you own more than one system. In general, licenses usually do NOT allow the software to be installed or resident on more than a single machine, or to run the software simultaneously on two or more machines. Isn't it legally "fair use" to copy software if the purpose in sharing it is purely educational? Historically, the copyright law was modified to permit certain educational uses of copyrighted materials without the usual copyright restrictions. However, "fair use" of computer software is still a cloudy issue. The "fair use" amendments to the copyright law are intended to allow educational use of legally protected products, but it is limited (for paper-based products) to small portions of full works. For most software it is clearly illegal to make and distribute unauthorized, fully functional copies to class members for their individual use. Making copies of a small section of code from a program in order to illustrate a programming technique might not be a violation. The best alternative is to clear any such use with the copyright owner or consult the appropriate authorities at your institution. Alternatives to Explore Software can be expensive. You may think that you cannot afford to purchase certain programs that you need. Site-licensed and bulk-purchased software are legal alternatives that make multiple copies of software more affordable. Many educational institutions negotiate special prices for software used and purchased by faculty, staff and students. Consult your campus computing office for information. As with other software, site-licensed or bulk-purchased software is still covered by copyright, although the price per copy may be significantly lower than the normal commercial price. A usual condition of site-licensing or bulk-purchasing is that copying and distribution of the software is limited to a central office which must maintain inventories of who received it. When you leave the academic community by graduation, retirement or resignation you may no longer be covered by the institutional agreement and may be required to return or destroy your copies of the software licensed to the institution. Many colleges sell software through a campus store at "educational discounts." If you purchase software for yourself through such an outlet, the software is yours and need not be destroyed or surrendered when you leave the institution. It is, however, still covered by normal copyright protection and covered by the specific conditions of the licensing agreement. A Final Note Restrictions on the use of software are far from uniform. You should check carefully each piece of software and the accompanying documentation yourself. In general, you do not have the right to: Receive and use unauthorized copies of software Make unauthorized copies of software for others If you have questions about the proper use and distribution of a software product, seek help from your computing office, the software developer or publisher, or other appropriate authorities at your institution. Guidelines for Educational Multimedia 1.0 Preamble Fair use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. The purpose of these guidelines is to provide guidance on the application of fair use principles by educators, scholars and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non-commercial educational uses. These guidelines apply only to fair use in the context of copyright and to no other rights. There is no simple test to determine what is fair use. Section 107 of the Copyright Act sets forth the four fair use factors which should be considered in each instance, based on particular facts of a given case, to determine whether a use is a "fair use": The purpose and character of use, including whether such use is of a commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for or value of the copyrighted work While only the courts can authoritatively determine whether a particular use is fair use, these guidelines represent the participants' consensus of conditions under which fair use should generally apply and examples of when permission is required. Uses that exceed these guidelines may or may not be fair use. The participants also agree that the more one exceeds these guidelines, the greater the risk that fair use does not apply. (The names of the various organizations participating in this dialog appear at the end of these guidelines and clearly indicate the variety of interest groups involved, both from the standpoint of the users of copyrighted material and also from the standpoint of copyright owners.) The limitations and conditions set forth in these guidelines do not apply to works in the public domain&mdashsuch as US Government works or works on which copyright has expired for which there are no copyright restrictions&mdashor to works for which the individual or institution has obtained permission for the particular use. Also, license agreements may govern the uses of some works and users should refer to the applicable license terms for guidance. This preamble is an integral part of these guidelines and should be included whenever the guidelines are reprinted or adopted by organizations and educational institutions. Users are encouraged to reproduce and distribute these guidelines freely without permission; no copyright protection of these guidelines is claimed by any person or entity. 1.1 Background These guidelines clarify the application of fair use of copyrighted works as teaching methods are adapted to new learning environments. Educators have traditionally brought copyrighted books, videos, slides, sound recordings and other media into the classroom, along with accompanying projection and playback equipment. Multimedia creators integrated these individual instructional resources with their own original works in a meaningful way, providing compact educational tools that allow great flexibility in teaching and learning. Material is stored so that it may be retrieved in a nonlinear fashion, depending on the needs or interests of learners. Educators can use multimedia projects to respond spontaneously to students' questions by referring quickly to relevant portions. In addition, students can use multimedia projects to pursue independent study according to their needs or at a pace appropriate to their capabilities. Educators and students want guidance about the application of fair use principles when creating their own multimedia projects to meet specific instructional objectives. 1.2 Applicability of These Guidelines These guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators or students as part of a systematic learning activity by nonprofit educational institutions. Educational multimedia projects created under these guidelines incorporate students' or educators' original material, such as course notes or commentary, together with various copyrighted media formats including but not limited to motion media, music, text material, graphics, illustrations, photographs and digital software which are combined into an integrated presentation. Educational institutions are defined as nonprofit organizations whose primary focus is supporting research and instructional activities of educators and students for noncommercial purposes. For the purposes of these guidelines, educators include faculty, teachers, instructors and others who engage in scholarly research and instructional activities for educational institutions. The copyrighted works used under these guidelines are lawfully acquired if obtained by the institution or individual through lawful means such as purchase, gift or license agreement, but not pirated copies. Educational multimedia projects which incorporate portions of copyrighted works under these guidelines may be used only for educational purposes in systematic learning activities including use in connection with non-commercial curriculum-based learning and teaching activities by educators to students enrolled in courses at nonprofit educational institutions or otherwise permitted under Section 3. While these guidelines refer to the creation and use of educational multimedia projects, readers are advised that in some instances other fair use guidelines, such as those for off-air taping, may be relevant. 2.0 Preparation of Educational Multimedia Projects Using Portions of Copyrighted Works These uses are subject to the Portion Limitations listed in Section 4. They should include proper attribution and citation as defined in Sections 6.2. 2.1 Student Use Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course. 2.2 By Educators for Curriculum-Based Instruction Educators may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for their own teaching tools in support of curriculum-based instructional activities at educational institutions. 3.0 Permitted Uses of Educational Multimedia Projects Created Under These Guidelines Uses of educational multimedia projects created under these guidelines are subject to the Time, Portion, Copying and Distribution Limitations listed in Section 4. 3.1 Student Use Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their portfolios as examples of their academic work for later personal uses such as job and graduate school interviews. 3.2 Educator Use for Curriculum-Based Instruction Educators may perform and display their own educational multimedia projects created under Section 2 for curriculum-based instruction to students in the following situations: For face-to-face instruction Assigned to students for directed self-study For remote instruction to students enrolled in curriculum-based courses and located at remote sites, provided over the educational institution's secure electronic network in real-time, or for after class review or directed self-study, provided there are technological limitations on access to the network and educational multimedia project (such as a password or PIN) and provided further that the technology prevents the making of copies of copyrighted material. If the educational institution's network or technology used to access the educational multimedia project created under Section 2 of these guidelines cannot prevent duplication of copyrighted material, students or educators may use the multimedia educational projects over an otherwise secure network for a period of only 15 days after its initial real-time remote use in the course of instruction or 15 days after its assignment for directed self-study. After that period, one of the two use copies of the educational multimedia project may be placed on reserve in a learning resource center, library or similar facility for on-site use by students enrolled in the course. Students shall be advised that they are not permitted to make their own copies of the educational multimedia project. 3.3 Educator Use for Peer Conferences Educators may perform or display their own educational multimedia projects created under Section 2 of these guidelines in presentations to their peers, for example, at workshops and conferences. 3.4 Educator Use for Professional Portfolio Educators may retain educational multimedia projects created under Section 2 of these guidelines in their personal portfolios for later personal uses such as tenure review or job interviews. 4.0 Limitations—Time, Portion, Copying and Distribution The preparation of educational multimedia projects incorporating copyrighted works under Section 2, and the use of such projects under Section 3, are subject to the limitations noted below. 4.1 Time Limitations Educators may use their educational multimedia projects created for educational purposes under Section 2 of these guidelines for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that period, even for educational purposes, requires permission for each copyrighted portion incorporated in the production. Students may use their educational multimedia projects as noted in Section 3.1. 4.2 Portion Limitations Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrighted works are taken. "In the aggregate" means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under these guidelines. These limitations apply cumulatively to each educator's or student's multimedia project(s) for the same academic semester, cycle or term. All students should be instructed about the reasons for copyright protection and the need to follow these guidelines. It is understood, however, that students in kindergarten through grade six may not be able to adhere rigidly to the portion limitations in this section in their independent development of educational multimedia projects. In any event, each such project retained under Sections 3.1 and 4.3 should comply with the portion limitations in this section. 4.2.1 Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. 4.2.2 Text Material Up to 10% or 1,000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used, but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used. 4.2.3 Music, Lyrics and Music Video Up to l0%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project created under Section 2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. 4.2.4 Illustrations and Photographs The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. 4.2.5 Numerical Data Sets Up to 10% or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. A field entry is defined as a specific item of information, such as a name or Social Security number, in a record of a database file. A cell entry is defined as the intersection where a row and a column meet on a spreadsheet. 4.3 Copying and Distribution LimitationsOnly a limited number of copies, including the original, may be made of an educator's educational multimedia project. For all of the uses permitted by Section 3, there may be no more than two use copies only one of which may be placed on reserve, as described in Section 3.2.3. An additional copy may be made for preservation purposes but may only be used or copied to replace a use copy that has been lost, stolen or damaged. In the case of a jointly created educational multimedia project, each principal creator may retain one copy but only for the purposes described in Sections 3.3 and 3.4 for educators and in Section 3.1 for students. 5.0 Examples of When Permission is Required 5.1 Using Multimedia Projects for Non-Educational or Commercial Purposes Educators and students must seek individual permissions (licenses) before using copyrighted works in educational multimedia projects for commercial reproduction and distribution. 5.2 Duplication of Multimedia Projects Beyond Limitations Listed in These Guidelines Even for educational uses, educators and students must seek individual permissions for all copyrighted works incorporated in their personally created multimedia projects before replicating or distributing beyond the limitations listed in Section 4.3. 5.3 Distribution of Multimedia Projects Beyond Limitations Listed in These Guidelines Educators and students may not use their personally created educational multimedia projects over electronic networks, except for uses as described in Section 3.2.3, without obtaining permissions for all copyrighted works incorporated in the program. 6.0 Important Reminders 6.1 Caution in Downloading Material from the Internet Educators and students are advised to exercise caution in using digital material downloaded from the Internet in producing their own educational multimedia projects, because there is a mix of works protected by copyright and works in the public domain on the network. Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder. 6.2 Attribution and Acknowledgement Educators and students are reminded to credit the sources and display the copyright notice and copyright ownership information if this is shown in the original source, for all works incorporated as part of educational multimedia projects prepared by educators and students, including those prepared under fair use. Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright ownership information includes the copyright notice (year of first publication and name of the copyright holder). The credit and copyright notice information may be combined and shown in a separate section of the educational multimedia project (e.g., credit section) except for images incorporated into the project for the uses described in Section 3.2.3. In such cases, the copyright notice and the name of the creator of the image must be incorporated into the image when, and to the extent, such information is reasonably available; credit and copyright notice information is considered "incorporated" if it is attached to the image file and appears on the screen when the image is viewed. In those cases when displaying source credits and copyright ownership information on the screen with the image would be mutually exclusive with an instructional objective (e.g., during examinations in which the source credits and/or copyright information would be relevant to the examination questions), those images may be displayed without such information being simultaneously displayed on the screen. In such cases, this information should be linked to the image in a manner compatible with such instructional objectives. 6.3 Notice of Use Restrictions Educators and students are advised that they must include on the opening screen of their multimedia project and any accompanying print material a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the educational multimedia fair use guidelines and are restricted from further use. 6.4 Future Uses Beyond Fair Use Educators and students are advised to note that if there is a possibility that their own educational multimedia project incorporating copyrighted works under fair use could later result in broader dissemination, whether or not as commercial product, it is strongly recommended that they take steps to obtain permissions during the development process for all copyrighted portions rather than waiting until after completion of the project. 6.5 Integrity of Copyrighted Works: Alterations Educators and students may make alterations in the portions of the copyrighted works they incorporate as part of an educational multimedia project only if the alterations support specific instructional objectives. Educators and students are advised to note that alterations have been made. 6.6 Reproduction or Decompilation of Copyrighted Computer Programs Educators and students should be aware that reproduction or decompilation of copyrighted computer programs and portions thereof, for example the transfer of underlying code or control mechanisms, even for educational uses, are outside the scope of these guidelines. 6.7 Licenses and Contracts Educators and students should determine whether the specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations. Digital Millennium Copyright Act (DMCA) To obtain the liability protection available under the Digital Millennium Copyright Act(DMCA) of 1998, Regis University adopts the following policy. Designated Agent The University's Designated Agent for receiving notification of alleged infringement under the DMCA is: Tom Riedel Distance Services Librarian 3333 Regis Blvd D-20 Denver, CO 80221 303.458.4261 email@example.com Claims The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following: A physical or electronic signature Identification of the infringing work Identification of the infringed material Contact information for the complainant (e.g. address, phone number, electronic mail address) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law A statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. Violations and Enforcement The Designated Agent will follow the procedures outlined in the DMCA upon receipt of proper notification of a claimed infringement. The University reserves the right, at its sole discretion and without notice if it deems appropriate or necessary, to terminate the privileges of any system user who is accused of infringing the copyright of a third party and to disable access to material subject to a claim of infringing a copyrighted work as defined under the DMCA. Repeat violators will be sanctioned and their privileges will be terminated. TEACH Act On November 2, 2002, the Technology Education and Copyright Harmonization Act (TEACH Act) was signed into law. This act provides guidelines as to what uses are and are not fair uses with respect to copyrighted materials and the use of such in online instructional programs. TEACH is an effort to more clearly define how digital works may be used in online education. Without obtaining the permission of the copyright owner, the following works are permitted by the TEACH Act: An entire performance of a non-dramatic literary work (e.g. a poetry or short story reading) An entire performance of a non-dramatic musical work (all music other than opera, music videos, and musicals) A performance of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions" A display of any work in an amount comparable to that which is typically displayed in the course of a live classroom session The following works are excluded by the TEACH Act: Works produced or marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks." For example, uploading materials specifically marketed as distance education courses. Works produced "not lawfully made and acquired" under the U.S. Copyright Act if the instructor or the institution know or reasonably should know the materials were not lawfully made or acquired. Uploading material such as textbooks, course packs or other resources typically purchased by students to review outside the classroom. Any uploading of material for non-classroom study purpose must comply with the copyright laws, including fair use principles and the University's e-reserve policies. Works for display may be digitized from an analog format provided that: No existing licensed digital copy is available for use at the University, or it is secured behind technological protection preventing accessibility in the online program The amount is limited to that which is necessary for the instructional activities For the TEACH Act to apply, all of the following criteria must be met. The performance or display must be: A regular part of systematic mediated instructional activity Made by, at the direction of, or under the supervision of the instructor Directly related and of material assistance to the teaching content of the course Further, the following technological restraints must be in place: The content must be accessible only to those students who are enrolled in the course The content must be accessible only for the duration of a class session To the extent technologically possible, the content must be protected from further distribution To the extent technologically possible, the content must not be subject to retention by the students The content must not interfere with technological measures taken by copyright owners to prevent retention and distribution All materials displayed under the TEACH Act must contain the following notice: The materials found in this course are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated. The materials in this course may be protected by copyright; and further use of this material may be in violation of federal copyright law.