2016-2017 Faculty Handbook

Copyright Guidelines

CF adheres to the United States Copyright Law and its amendments. This law affects the duplication of copyrighted materials as well as the classroom use of all types of created works. Board Policy 3.10 states:

It is the policy of the College and its employees to adhere to all the requirements of the United States Copyright Law and its amendments. These laws affect the duplication of copyrighted materials, including performances, e.g., music, theater, sound recordings, videotapes, broadcasts, printed materials, computer software, and other applicable materials, as well as the classroom use of all types of created works.

All materials, products, objects or processes, slides, specimens, films, recordings, diagrams, books, manuals and similar instructional matter produced by an employee within the scope of his or her employment is considered "work made for hire" (17 U.S.C. 201(b)) and the College is considered the author and owner of the rights comprised in that copyright unless the parties have expressly agreed in a written instrument, signed by the employee and the College, that the employee is to have all or part of the ownership rights.

These are selected copyright guidelines which relate to educational institutions. For assistance with copyright questions, contact the dean for Learning Resources or check the government website, http://www.copyright.gov.

Limitations on Exclusive Rights: Fair Use

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:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
  2. the nature of the copyrighted work
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. the effect of the use upon the potential market for or value of the copyrighted work (http://www.copyright.gov/circs/circ21.pdf).

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

The safest course is always to get permission from the copyright owner before using copyrighted material.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. If there is any doubt, it is advisable to consult an attorney (http://www.copyright.gov/fls/fl102.html).

Classroom Copying

The purpose of the following guidelines is to state the minimum standards of educational fair use under Section 107 of H.R. 2223. 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 which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

Guidelines

For further information on single copying for teachers and multiple copies for classroom use, see (http://www.copyright.gov/circs/circ21.pdf).

Copyright Amendment Regarding Computer Programs

Making of Additional Copy or Adaptation by Owner of Copy

It is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

  1. that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
  2. that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

Lease, Sale, or Other Transfer of Additional Copy or Adaptation

Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.

Copyright and Software

Official policies and procedures on the intranet address copyright and software. Please refer to the following:

Policies

Copyright — Policy 3.10 (see http://inside.cf.edu/manuals/chapter_3.pdf)

Technology Use — Policy 3.21 (see http://inside.cf.edu/manuals/chapter_3.pdf)

Information Security — Policy 3.24 (see http://inside.cf.edu/manuals/chapter_3.pdf)

Appropriate Use/Information Technology Resources – Policy 3.25 (see http://inside.cf.edu/manuals/chapter_3.pdf)

Procedures

Website Publishing — Acceptable Use (see http://pr.cf.edu/files/procedures/SustainabilityManagement.pdf)

Appropriate Use (see http://pr.cf.edu/files/procedures/appropriate_use_procedure.pdf.

Software Policy

CF maintains the posture that only legal copies of software programs must be used on CF computers. The office of the vice president for Administration and Finance prepared A Guide to the Ethical and Legal Use of Software for Members for the CF Community that outlines the policies and procedures for software use at CF. This document is available in the office of the vice president for Administration and Finance. Please refer to this document to answer any questions regarding appropriate use of software.