INTRODUCTION

Copyright Infringement

All Colby Community College administration, faculty, staff and students are expected to comply with the United States Copyright Act.  [Revised April 2014]

What works are copyrighted?

Unless you know for a fact that a particular work is in the public domain, you should assume that it is protected under copyright law. Works that can be copyrighted include books, magazines, maps, engravings, prints, musical compositions, charts, dramatic works, photographs, paintings, drawings, sculptures, motion pictures, computer programs, sound recordings, choreography and architectural works. Any of these forms that are stored digitally and available online are also protected by copyright. 

Limitations of Copyrights

Intellectual property law allows certain limited use of copyrighted material without permission of the copyright holder.  Some examples would include the use of copyrighted material for:

• Commentary
• Criticism
• News reporting
• Research
• Teaching or scholarship
• Archiving
• Access by the visually impaired

These exceptions fall under the “Fair Use” provisions of the law and allow some limited use of copyrighted materials in academic settings without permission of the copyright holder.

What is Fair Use?

Fair use is a set of recognized limitations to the exclusive rights of the copyright holder. Fair use provisions are intentionally vague in nature and offer only guidelines for the use of copyrighted material. When deciding if a particular use of copyrighted material falls under fair use provisions you must consider:

• The nature of the copyrighted work
• The purpose and character of the use
• The amount and substantiality of the portion used
• The effect of use on the potential market for the copyrighted work

The key word in the application of the fair use doctrine is “limited.”

Fair Use for Instructors
Copying by teachers must meet the tests of brevity and spontaneity:

• Brevity refers to how much of the work you can copy.
• Spontaneity refers to how many times you can copy.

According to the rule, the need to copy should occur closely in time to the need to use the copies, generally following the "one semester rule." If you use something on one occasion within one semester or part of a semester, it is more likely to be seen as fair use. If you use something repeatedly, it is less likely to be considered fair use. The expectation is that you will obtain permission as soon as it is feasible. Using something over a period of multiple semesters or years is not within the spirit of the fair use exception. 

One Course, One School, One Time

The copies should include a notice of copyright acknowledging the author of the work.

What Counts as Fair Use?

Here are some general examples of excerpts from published materials that might be copied and used in the classroom and fall under the fair use guidelines for a limited period of time:

• A chapter from a book (never the entire book)
• An article from a magazine or newspaper
• Short stories, essays or poems (A single work is the norm whether it comes from an individual work or a collection.)
• A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
• Poetry (short poems of 250 words or less)
• Prose (short excerpts of 1,000 words or less)
• Illustrations (copies of charts, graphs, diagrams, drawings, cartoons, or pictures)

The idea of fair use for classroom copying is that whenever possible the work should be purchased. Classroom copying is not meant to replace textbooks or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil, and a notice of copyright must be included on each copy.

What Should Be Avoided?

• Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals
• Copying the same works from semester to semester
• Copying the same material for several different courses at the same or different institutions
• Copying more than nine separate times in a single semester

Internet Downloads

The Internet is simply a different form of storage and delivery. The ease with which files can be copied and reproduced makes it tempting as a free source of material, but copyright protections apply to electronic media as fully as they do to other forms.

Text

The rules for text as they apply in physical (hard copy) form also apply to text in the electronic form. The guidelines, rules and limitations remain the same, i.e., short excerpts of limited scope, used for a limited time and credited to the copyright holder.

Music and Video

With the exception of songs, movies and TV shows that have been released by the copyright holder for free distribution; all recorded material must be purchased. This applies if the work is recorded on a disk for sale at a local store, or a digital download from the Web. Illegal downloading of this kind of material through file sharing, bitTorrent sites, etc., constitutes a crime with both civil and criminal penalties. In addition, it is possible that the college could lose Internet access if its facilities are used for illegal downloading.

Broadcast and Performance Licensing

Whenever recorded music is broadcast or theatrical plays and music are performed by college groups, the college must pay a licensing fee. 

CCC Responsibilities when Copyright Violation Occurs

Disable access to the materials violating copyright and suspend the network connection of the computer using these materials.

Inform the alleged infringer of the existing complaints. CCC does not perform digital forensics, but can provide more information about the specific files that prompted a copyright complaint.

Forward the student’s name to the Vice President of Student Affairs office for disciplinary action. Violations can result in sanctions including but not limited to warning, probation, interim suspension, suspension, or expulsion.  [Revised April 22, 2014]

Student Responsibilities

Students are responsible for all activities on the campus network originating from computer(s) registered in their names.  Copyright holders reserve the right to contact the college for each instance of copyright infringement.  Students may need to seek legal counsel and may be required to pay fines.  [Added 9-19-11]

TEACH Act

Colby Community College abides by the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002, Division C, Title III, Subtitle C of the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. No. 107-272, 116 Stat. 1758, 1910 (amending chapter 1, Title 17, United States Code, to incorporate provisions relating to use of copyrighted works for distance education, enacted November 2, 2001. [Added 9-17-12]

 

[Reviewed Jan. 2021]