Copyright law has a long and interesting history, deriving its ultimate authority from the U.S. Constitution [1] and developed through a series of Congressional acts. [2] All copyright legislation is codified in United States Code, Title 17, Section 101. Most recently the Digital Millennium Copyright Act of 1998 has updated the law, with particular attention to online and digital content.

Unfortunately for those who make regular use of copyrighted materials in colleges and universities, copyright law can be ambiguous and open to multiple interpretations. Central to this ambiguity is the legal provision for “fair use” of copyrighted materials. In essence, every use of copyrighted materials should be with either explicit permission from the copyright holder or affirmative evaluation of its fair use.

It is the policy of The College of Saint Rose to promote legal and ethical use of information in all media. Clearly, information in the form of books, periodicals, web sites, videos and DVDs, music, television broadcasts, computer software, and multimedia is a resource central to the educational mission of the College. It is therefore the responsibility of all faculty, administrators, staff, and students to respect the rights of copyright holders when making use of these materials.

Given the difficult task of interpreting copyright law as it applies to specific, local use, the College offers the guidelines that follow to help faculty, administrators, staff, and students make informed decisions about using copyrighted materials. In every instance, these guidelines have been informed by both the law itself and a number of model statements that have been developed through the collaboration of Congressional committees, professional organizations and industry groups. [3] Materials provided to the College as part of its institutional membership in the Association for Information Media and Equipment also provided guidance.

These guidelines offer specific criteria that should be evaluated when individuals intend to use copyrighted materials. Necessarily, separate guidelines have been developed for each format or medium in which copyrighted materials can be fixed. For example, individual guidelines have been developed for using videos, off-air broadcasts, and photocopies. Sample scenarios are included with these guidelines to provide specific examples of how the guidelines apply to actual use. In all, nine sets of guidelines are included, beginning in Section III of this document.

Since copyright issues have such a broad reach in higher education, all members of the Saint Rose community are encouraged to learn about the law and develop good practices for dealing with copyrighted materials. It is particularly important that all College employees consistently model respect for copyright among students. In addition to providing these guidelines to help with this process, a list of additional resources has been appended to this document as Appendix B.

II. FAIR USE

As a result of the United State’s endorsement of the Berne Convention [4] in 1989, once a work has been fixed in a tangible medium (i.e., print; web page; digital, video, or audio recording) it is considered to be protected by copyright. No formal copyright notice is necessary. [5]

Generally, then, the bulk of the information resources that are typically handled in colleges are protected by copyright. It becomes the responsibility of the individual to determine whether intended use falls within fair use. Simply stated, fair use represents legal exceptions to the copyright holder’s exclusive rights to her material. Without fair use provisions, any copying, performing, or duplicating of copyrighted works would be illegal without explicit permission from the owner.

As provided in copyright law, the four criteria that should be considered in determining fair use are [6] :

“The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.”
In evaluating this criterion, the courts tend to favor educational, non-profit use over commercial use and “transformative” use – in which the original work is enhanced or otherwise utilized for new purpose — over simple reproduction.[7]
“The nature of the copyrighted work.”
In considering the nature of the work, courts tend to favor the use of non-fiction over fiction.
“The amount and substantiality of the portion used in relation to the copyrighted work as a whole.”
In general, the amount is not an exact measure of words or units of time; rather, the courts look at the length as relative to the entire original work. The guidelines that follow provide some specific parameters for each format.
“The effect of the use upon the potential market for or value of the copyrighted work.”
Courts may use this criterion to examine whether the use of material was in place of purchase, or whether the use had adverse effects on the owner to market the item.

It is important to understand that educational use of copyrighted material does not by itself constitute fair use. One must weigh intended use against all four criteria. However, it is at this point, when evaluating use against these criteria, that the ambiguity of the law is most prominent. For there is no formulaic or definitive process that can be used to determine whether the intended use is fair use or illegal. Each use of copyrighted materials is unique and presents a different set of facts. Even given the same set of facts, the interpretation of the use by the copyright holder may be quite different from the interpretation of the user. Ultimately only the courts can determine whether use is fair use or copyright violation.

The guidelines that follow, however, provide users with “safe harbors” for using copyrighted material. This “safe harbor” use, while not a complete immunization against lawsuits, provides strong protection in the event that a suit is brought. Everyone at the College should make use of these guidelines to insure legal and ethical use of copyrighted materials and to protect the individual and the College from litigation.

If a review of the intended use of copyrighted materials results in the judgment that the use would not be fair use, one must either refrain from the intended use or seek permission for this use from the holder of the copyright. Information on how to request this permission is included in Section V. of this document.

Anyone wishing a broader discussion of fair use and higher education is directed to the web site of CETUS, the Consortium for Educational Technology in University Systems. [8]

III. COPYRIGHT GUIDELINES FOR THE SAINT ROSE COMMUNITY

A. CLASSROOM COPYING: PRINTED BOOKS AND PERIODICALS [9]

1. Single copies for teachers

For the purpose of an instructor’s own scholarly research, teaching, or preparation to teach a class, a teacher may make a copy (or request a copy to be made) of a book chapter; periodical/newspaper article; short story; or short poem; or a chart, graph, diagram, drawing, carton, or picture from a book, periodical, or newspaper.

2. Multiple copies for classroom use

Multiple copies (i.e., one copy for each student in a class) may be made by or for the teacher presenting the course for classroom use provided that the copying meets the test of brevity, spontaneity, and cumulative effect and includes a copyright notice.

a. Brevity

Poetry: Maximum of 250 words. This may be a complete poem if printed on one to two pages or an excerpt for a longer poem.

Prose: A complete article, story, or essay of less than 2,500 words; an excerpt of not more than 1,000 words or 10% of the work, whichever is less. However, works combining language and illustrations, such as picture books, which fall short of 2,500 words in their entirety, may not be reproduced in their entirety. Personnel may copy not more than two published pages containing less than 10% of the words found in the text.

b. Spontaneity

An individual teacher requests the copying, not the department, school, etc.

The decision to use the work with a class and the date on which the copy is used are so close together, permission to copy would not be received in time.

Spontaneity also means that the same material cannot be used for more than one semester without permission from the copyright owner.

c. Cumulative effect

The copied material is for only one course in the college.

During a class term, only one short poem, article, story, essay, or two excerpts from the same author many be copied; no more than three from the same collective works.

During a class term, no more than a total of 9 instances of multiple copying for one course.

The last two limitations above do not apply to current news periodicals, newspapers, and current news sections of other periodicals.

3. Prohibitions

a. No copying to create of substitute for anthologies, compilations, ore collective works.

b. No copying of consumables, e.g., workbooks, exercises, standardized tests, answer sheets.

c. No copying to substitute for actual purchases of books, reprints, or periodicals.

d. No copying because higher authority directed it.

e. No copying the same item from semester to semester which include Summer I and II sessions.

f. No changing of format. For example, one cannot:

Convert a copyrighted analog music piece or video image to a digital format.

Scan a copyrighted document, chart or picture and save it as a digital file.

Scan a copyrighted photographic slide and save it as digital file.

SAMPLE SCENARIOS [10]

Q. A workbook accompanies the textbook adopted for use in a class. May the teacher make the class a set of several pages of the workbook?

A. No. Copying consumables is prohibited under the fair use guidelines.

Q. A teacher finds a chart in Newsweek that fits in nicely with a unit to be covered next semester. May a teacher make a copy of the chart for each student in the class?

A. No. This does not meet the “spontaneity” requirement of the fair use guidelines for multiple copies for classroom use. In this case, the teacher has enough time to contact Newsweek and request permission to use the chart.

B. MUSIC [11]

Permissible uses

a. Emergency copying for an imminent performance, provided purchased replacement copies shall be substituted in a timely manner.

b. Multiple copies (i.e., one for each student) of excerpts not constituting an entire performance unit or more than 10% of the whole work.

c. Purchased sheet music edited or simplified provided the character of the work is not distorted or the lyrics altered or added if none existed.

d. A single copy of a recorded performance by students to be retained by the school or individual teacher for evaluation or rehearsal purposes.

e. A single copy of a recording of copyrighted music owned by the school or an individual teacher for constructing exercises or examinations and retained by the school or the teacher.

2. Prohibitions

a. Copying to create, replace, or substitute for anthologies, compilations, or collected works.

b. Copying works intended to be consumables, e.g., workbooks, exercise, standardized tests, and answer sheets.

c. Copying for the purpose of performance, except in emergencies as noted above.

d. Copying to substitute for purchase of music.

e. Copying without inclusion of the copyright notice on the copy.

SAMPLE SCENARIOS

C. OFF-AIR RECORDINGS OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES [12]

1. Broadcast television

a. The guidelines were developed to apply only to off-air recordings by non-profit educational institutions.

b. 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.

c. 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 class days in the forty-five (45) calendar day retention period. “Class days” are days during which classes meet – not counting holidays, vacations, examination periods, or other scheduled interruptions – within the forty-five (45) calendar day retention period.

d. 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 single episode of a 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.

e. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under those guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

f. 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 not-evaluation purpose without authorization.

g. 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.

h. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

2. Cable Television Programming and Satellite Television Programming

a. Neither cable television programming nor satellite transmission falls under the fair use guidelines because it is not available free to the public.

b. There are no fair use privileges without permission from the copyright owner.

SAMPLE SCENARIOS

Q. May a teacher caption a television show taped off the air?

A. Not without permission of the copyright owner.

Q. Tonight, ABC is airing a special about World War I. May a teacher request that the show be taped off-the-air for use tomorrow in class? May the history department chairperson request the show be taped off-the-air in case someone in the department wants to show the special at a later date?

A. Fair use guidelines permit teachers to request that a program broadcast for reception by the general public be taped off-the-air for use within the first 10 consecutive school days of the 45-day retention period. The history department chairperson may not request the tape “just in case” someone might want to show it.

Q. Tonight, the History Channel is airing a special about World War I. May a teacher request that the show be taped off-the-air for us in the class later in the week?

A. No. The History Channel is a subscription-basis channel. It does not broadcast programs over the airwaves.

Q. Can more than one off-air copy be made of a program under the guidelines?

A. In a system where more than one teacher requests that a copy be made, the answer is yes. Appropriate controls are essential in such cases in order to assure that all copies are accounted for and erased upon the expiration of the 45 day period, unless a license is negotiated with copyright owner. It may be easier to have teachers share a single copy if possible.

Q. If a school or college installs a satellite dish to receive satellite transmissions, what kind of license is required from copyright owners of the programs?

A. The answer to this question applies to any school, college or library which utilizes a satellite dish to receive programming. The principle point is that a public performance license is required if the program is used in such a way as to constitute a public performance. This will be true even in those instances when no copy of the transmission is made. Although the Communication Act of 1984 makes it possible for individuals to receive a satellite broadcast for private use, it did not exempt public performances.

The legal point being made here can also be extended to situations involving other locations where the use of a transmission involves a public performance.

Q. Under the off-air taping guidelines, can anything which you are capable of receiving on your television set be recorded?

A. No. The guidelines specifically limit themselves to “broadcast” programming which is defined as television programs transmitted by television stations for reception by the general public without charge. The only cablecasts which are allowed to be taped under the guidelines are simultaneous retransmissions. The premium cable channels and pay-per-view programming fall outside of the scope of the guidelines, and thus any taping you do with regard to such would be illegal unless specific permission is obtained in advance.

Q. Is there any limitation imposed by the guidelines in terms of where an off-air copy may be used?

A. Yes. Off-air recordings which are made under the authority of the guidelines are to be used only in classrooms and similar places devoted to instruction in the course of relevant teaching activities. This rules out extra-curricular activities or entertainment purposes. The guidelines also state the use is to be restricted to a single building, cluster or campus. Beyond this, it is anticipated that teachers in other locations would initiate their own requests for an off-air copy.

VIDEOTAPES, DVDs, AND FILMS [13]

For videos and films rented, sold, or taped at home, copyright law and College policy are also in effect. These policies also apply to videos and DVDs borrowed from The Neil Hellman Library.

Videos and films rented, sold, or taped at home must be shown as part of a systematic course of instruction in face-to-face teaching activities and not for recreational, entertainment, student rewards, or fund-raising purposes without a public performance license.
Videocassettes of copyrighted materials, even through labeled “for home use only,” may be used for classroom teaching purposes pursuant to Section 110(1) of the copyright law and as discussed previously in this document.
All educational off-air taping guidelines apply to at-home taping when tapes are brought to school for classroom instruction.
Videocassettes and films borrowed from the College’s Library or purchased by an office or school site may not be copied or transferred from one format to another.
The College will not duplicate copyrighted videos except with the written permission of the copyright holder, or under the terms of a formal agreement.

SAMPLE SCENARIOS

Q. May a teacher show a videotape labeled “home use only” to a class? At an assembly?

A. Teachers may show videotapes labeled “home use only” in class as long as the video is part of a systematic course of instruction and not for recreational, entertainment, or fundraising purposes. The same video may not be shown at an assembly.

E. PUBLIC PERFORMANCES

The copyright law defines a public performance as follows: “to perform a work publicly is to transmit or otherwise communicate a performance of the work to the public.” It is this section of the law which gives the copyright owner the right to license the broadcast or cablecast of the work. The showing of a film by means of a projector or videocassette player constitutes a performance. Because of the dramatic developments in technology, the public performance right is extremely important to copyright owners, which, if violated, could result in litigation against individuals or the College.

In summary, permission for public performance is always required.

COMPUTER SOFTWARE

Every copy of software installed on College-owned computers must be properly licensed.
College employees and students are obligated to comply with all software licensing requirements and restrictions.
It is usually permissible to make a backup copy of a legally owned software program to keep as an archival copy in the event the original disk fails to function. Archival copies cannot be used on a second computer at the same time the original is in use.
Loading the contents of one disk or CD-ROM into multiple computers for use at the same time is prohibited without a specific license, lab pack arrangement, or written permission from the copyright owner.
Software programs may be distributed via a LAN (Local Area Network) or WAN (Wide Area Network) only if the copyright owner’s permission has been obtained or as part of a licensing agreement.
Loading a CD-ROM onto a hard drive in order to increase the speed of information retrieval requires permission from the copyright owner.
When software is to be used on file-serving system, the College is responsible for deterring illegal or unauthorized copying.
Software cannot be loaned to others unless it is freeware, shareware or if the copyright owner has granted appropriate permission.

Note: Educational Technology Services must maintain a file of their computer software site license agreements or contracts. Individuals and departments are responsible for maintaining records of software license agreements or contracts not obtained through Educational Technology Services. The College is subject to software audits by outside agencies at any given time based on current software license agreements. Educational Technology Services personnel are directed to not install any software on College-owned computers unless they can determine that the College owns the appropriate license(s) for the software.

SAMPLE SCENARIOS

Q. A Teacher wants to load a computer program on all the computers in the college’s computer lab for a special lesson. Is this permissible?

A. No. To load a software program on all the lab’s computers requires a site license, lab pack arrangement, or permission from the copyright owner.

G. EDUCATIONAL MULTIMEDIA [14]

Educational multimedia would include any work that incorporates materials from two or more formats. Examples would include most presentation software (e.g., PowerPoint) works, which may include text, images, sound, and video; brochures or other textual documents that incorporate images; and video that incorporates music.

In general, the portions used must be from lawfully acquired copyrighted works. The multimedia projects created incorporate the copyrighted material with the student’s and teacher’s original materials. Other fair use guidelines may apply in specific cases, e.g., those for off-air videotaping.

1. Students

a. Need to follow copyright guidelines.

b. May incorporate portions of lawfully acquired copyrighted works into their multimedia projects for a specific course.

c. May perform and display these projects in the course for which they were created

d. May keep them in their portfolios as examples of their academic work.

e. The portion limitation applies cumulatively to each student’s project(s) for the same academic semester, track, cycle, or term.

2. Teachers

a. Need to follow copyright guidelines.

b. May incorporate portions of lawfully acquired copyrighted works into multimedia programs they create to support their instructional activities.

c. May perform and display these programs to students in face-to-face instruction or as assigned, directed self-study.

d. May perform or display these programs at workshops and conferences for their peers.

e. May retain a copy of these programs for their personal portfolios.

f. The portion limitations apply cumulatively to each teacher’s project(s) for the same academic semester, track, cycle, or term.

3. Time, portion, copying, and distribution limitations

a.Time

Teachers may use their educational multimedia projects for teaching for up to two years after the first instructional use with a class. After that, permission must be obtained for each copyrighted portion included in the program.

b. Portion

1) Video: 10% or three minutes, whichever is less.

2) Text material: 10% or 1000 words, whichever is less; entire poem of less than 250 words but not more than three poems by one poet or five poems by different poets from any anthology; for longer poems, 250 words may be used, but only three excerpts by a poet or five excerpts by different poets from a single anthology.

3) Music, lyrics, and music video: Up to 10%, but no more than 30 seconds from an individual musical work or the total extracts from a individual work; any alterations to the musical work should not change the basic melody or the fundamental character of the work

4) Illustrations and photographs: No more than five images by an artist or photographer; when from a published collective work, not more than 10% or 15 images, whichever is less.

5) Numerical data sets: 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table

c. Copying and distribution

Teachers may make no more than two copies of their multimedia programs, only one of which may be placed on reserve e.g., in the library or computer lab. An archival copy may be made, but only used or copied to replace a lost, stolen, or damaged copy.

d. Ask for permission

Although fair use guidelines may apply if there is not sufficient time to request permission to use copyrighted work, it always best if teachers and students seek permission. Permission is always required in certain situations.

1) When teachers or students want to commercially reproduce and distribute their project(s).

2) For use of projects over electronic networks.

e. Reminders

1) Apply caution when incorporating works downloaded from the Internet. Anything posted on the Internet, including the World Wide Web, is automatically copyrighted since it is considered to be fixed in a tangible medium. This includes text, images, video and audio content.

2) Credit sources and display the copyright notice. Give the full bibliographic citation. The copyright notice includes ©, year of first publication, and the name of the copyright holder, e.g. Copyright © 1998 by STROSE.

3) Include a notice on the opening screen that certain materials are used under fair use and are restricted from further use.

4) These guidelines apply unless superseded by appropriate licenses or contracts.

SAMPLE SCENARIOS

Q. Knowing that graphics help capture attention, a teacher includes an appropriate strip from “Zits” (a copyrighted comic strip) on an assignment sheet. Is this permissible?

A. Not without permission from the comic strip’s copyright owner. However, graphics from “PrintShop” and similar clip art programs may be used.

Q. A teacher wants to enlarge a book cover illustration for a bulletin board decoration. May the teacher do so using an opaque projector?

A. No. The book cover illustration is under copyright protection.

H. LIBRARY RESERVES [15]

Photocopies that are placed on library reserve are subject to certain restrictions under copyright law:

A single copy of an entire article, or an entire chapter from a book, or an entire poem may be photocopied by the instructor and placed on reserve. It is not permissible, under copyright law, to create or replace an anthology.
It is not permissible to copy any consumable works, such as standardized tests, workbooks, answer sheets or exercises.
Notice of copyright should be included on any photocopy (ideally the notice should be reproduced from the copyright page of the original text).
Photocopies of copyrighted materials may be used for only one semester. Beyond that, it is the responsibility of the faculty member to gain permission from the copyright holder for subsequent use.
Interlibrary loan materials cannot be placed on reserve.

SAMPLE SCENARIO

Q. A faculty member uses a photocopy of an article each semester she teaches a course. Can the library simply place this on permanent reserve?

A. No. After the first semester of use, copyright permission must be granted for continued use.

I. INTERNET USE

1. Users of the College’s network and telecommunications resources are bound by the College’s Acceptable Use Policy. Violations of this policy may result in the loss of the privilege to use these resources. All members of the College community are advised to review the College’s Acceptable Use Policy and make sure compliance is followed. The Acceptable Use Policy can be found at http://academic.strose.edu/aup.

2. The author of an e-mail message effectively owns the copyright in the message. Therefore, e-mail messages should not be posted to discussion groups, newsgroups, listserv, and the like without permission of the author. E-mail messages may be monitored to ensure compliance with the STROSE.edu Acceptable Use Policy.

3. Duplicating a World Wide Web site or portion of a site, for use in another web site is prohibited without the permission of the author. With the exceptions of federal government sites and other public domain content, all material on the World Wide Web is considered to be copyrighted. This includes text, images, audio and video content.

4. Copyrighted material cannot be posted on an open course web site without permission from the copyright owner. Under the guidelines of the TEACH Act of 2002 though, use of copyrighted material that would otherwise meet Fair Use guidelines may be posted on a secure web site if the following conditions are met:

a. The College has a copyright policy.

b. The copyright policy must be provided to faculty, students and staff.

c. The College must provide additional notice to students about how copyright may relate to their course materials.

d. Access to the copyrighted materials must be limited by technological measures to only students enrolled in the course.

e. Measures must be taken to prevent the retention of the copyrighted materials beyond the length of the class session.

f. The College must apply technological measures to prevent the further dissemination of the copyrighted materials.

g. Institutions are not permitted to maintain copies of the copyrighted materials on their systems for a period longer than is reasonably necessary for the transmission of the material.

h. Analog materials cannot be converted to digital format unless:

i. A digital version of the material is not available to the College.

ii. Portions of the materials are within the general Fair Use guidelines.

i. A secure web site is one that allows access by only authenticated, legitimate users typically using unique user names and passwords. In regards to copyright issues, these users will be the students and instructor(s) in a specific course offered by a school, college or university.

5. Before creating a link to another web site, it is considered courteous to request permission from the site’s owner.

6. When creating a World Wide Web site for school or personal use, pictures or text that have a copyright may not be used without the permission of the copyright owner.

SAMPLE SCENARIOS

Q. To avoid problems connecting to World Wide Web Sites during actual class time, the college’s technology coordinator copies the contents of requested sites onto the college’s server. Is this practice permitted?

A. No.

IV. RESPONSIBILITES OF COLLEGE PERSONNEL

A. Individual Responsibilities

B. Academic & Administrative Departmental Responsibilities

1. Establishing procedures

School and office administrators are responsible for insuring compliance with copyright law in all areas of the College. Copyright affects various College units in different ways and administrators are expected to periodically review and discuss appropriate issues with their respective staffs.

2. Photocopying machines and recording devices

Personnel responsible for photocopying machines and recording devices must ensure that those who use the equipment are aware that it is illegal to infringe copyright. A notice entitled “Warning Concerning Copyright Restrictions” is required by law to be displayed prominently at places where photocopy machines and recording devices are located. The wording and format of the notice required by law appear in Appendix B. This law also requires that the notice appear on any form that is used to request copying service.

The following notice must be posted on video-recorders and computers to advise employees and students about the requirements of the copyright law: MANY VIDEOTAPED MATERIALS AND COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT, 17 U.S.C. SECTION 101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.

V. REQUESTING PERMISSION TO USE COPYRIGHT MATERIALS

For any appropriation that does not clearly fall within the definition of fair use, educators must request permission to use copyrighted materials. Most copyright owners will grant permission for one-time use of parts of their works without a charge or upon payment of a minimal fee. Blanket permission cannot in most cases be granted.

Copyright Clearance Center coordinates copyright permissions for certain publications. This fee-based service is available online at http://www.copyright.com/.

VI. PENALTIES FOR COPYRIGHT INFRINGEMENT

Possible penalties for Copyright Infringement can be found in Appendix D.

APPENDIX A

Determining When A Work Enters the Public Domain

Date of Work	Protected	From Term
Created 1/1/1978 or after	When work is fixed in tangible medium of expression	Life plus 50 years (of if work of corporate authorship, 75 years from publication, or 100 years from creation, whichever is first)
Published before 1923	Now in the public domain	None
Published between 1923 and 1963	When published with notice	28 years plus possibility of renewal for 67 years; if not so renewed now in the public domain
Published from 1964 – 1977	When published with notice	28 years for first term; now automatic extension for 67 years for second term
Created before 1/1/1978, but not published	1/1/1978, the effective date of the 1976 Act which eliminated common law copyright	Life plus 70 years, of 12/31/2002, whichever is greater
Created before 1/1/1978 but published between then and 12/31/2002	1/1/1978, the effective date of the Act which eliminated common law copyright	Life plus 70 years or 12/31/2047, whichever is greater

APPENDIX B

Resources on Copyright

Ad Hoc Committee on Copyright Law Revision, Authors League of America, and Association of American Publishers. (1976). Agreement on Guidelines for Classroom Copying in Not-for-profit Educational Institutions with Respect to Books and Periodicals.

American Library Association. (1986). Library and Classroom Use of Copyrighted Videotapes and Computer Software. Chicago, IL: Author. Retrieved from http://www.ifla.org/documents/infopol/copyright/ala-1.txt

American Library Association (1982). ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use. Chicago, IL: Author.

Association for Information Media and Equipment. (2002). Copyright Information Packet. [Packet]. Cedar Rapids, IA: Author.

Copyright Law & Related Issues. (2002). Retrieved October 12, 2002, from http://www.siia.net/piracy/copyright/glossary.asp (Previously)

Folks Against Copyright Transgression. (1987). A Viewer’s Guide to Copyright Law: What Every School, College and Public Library Should Know. [Brochure]. Cedar Rapids, IA: Author.

Gasaway, Laura N., editor. (1997) Growing Pains: Adapting Copyright for Libraries, Education, and Society. Littleton, CO: Rothaman & Co.

Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes. [Handout] Originally In Congressional Record, 127(145).

Los Angeles Unified School District. (1998). Bulletin No. M-43 (Rev.) Compliance With the 1976 United States Copyright Law. [Bulletin]. Los Angeles, CA: Author.

Software Publishers Association. (2002). Is It Okay for Schools to Copy Software? [Handout].

APPENDIX C

Organizations Involved in Developing or Endorsing Copyright Guidelines

Section III, Guideline A. Classroom Copying

Developed by: Ad Hoc Committee on Copyright Law Revision, Authors League of America, and Association of American Publishers, March 1976.

Section III, Guideline B. Music

Developed by: Music Publishers’ Association of the United States, Inc; the National Music Publishers’ Association, Inc.; the Music Teachers National Association; the Music Educators National Conference; the National Association of Schools of Music; and the Ad Hoc Committee on Copyright Law Revision, April 1976.

Section III, Guideline G. Educational Multimedia

Developed by: Agency for Instructional Technology; American Association of Community Colleges; American Association of Higher Education.

APPENDIX D

Penalties for Copyright Infringement

The following is excerpted from the U.S. Copyright Law, Title 17 of United States Code.

Section 502. Remedies for infringement: Injunctions

.Any court having jurisdiction of a civil action arising under this title may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright

Section 503. Remedies for infringement: Impounding and disposition or infringing articles.

…The court may order the destruction or other reasonable disposition of all copies of phonorecords found to have been made or used in violation of the copyright owner’s exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies may be reproduced.

Section 504. Remedies for infringement: Damages and profits

Actual Damages and Profits.The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing and actual damages.

Statutory Damages.The copyright owner may elect to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work in the sum of not less than $750 or more than $30,000 as the court considers just.

In a case where the copyright owner sustains the burden of proving, and the court finds that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyright work was a fair use, if the infringer was an employee of agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment.

Section 505. Remedies for infringement: Cost and attorney’s fees

The court may allow the recovery of full cost by or against any party. The court may also award a reasonable attorney’s fee to the prevailing party as part of the cost.

For Criminal Infringement.

As much as five years in prison and/or a $250.000 fine. (Actual ceiling varies with crime.)

[1] Article 1, Section 8, Clause 8: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

[2] The Copyright Act of 1976 revised the 1909 act. The passage of the Digital Millennium Copyright Act of 1998 amended but did not replace the 1976 act.

[3] See Appendix C for a list of all organizations who had a role in developing or endorsing these guidelines.

[4] See http://www.wipo.org/treaties/ip/berne/index.html for text of the Berne Convention for the Protection of Literary and Artistic

[5] Determining when a work falls into the public domain — and therefore ineligible to be copyrighted — requires knowledge of when the work was created and, for those created before 1978, whether it was published with a copyright notice. See the chart in Appendix A for detailed information about when works pass into the public domain.

[6] Title 17, Chapter 1, Section 107

[7] Examples of transformative use would be the use of quotations within a larger paper or the use of parts of a work incorporated into a multimedia product.

[8] http://www.cetus.org/fair5.html

[9] Adapted from Agreement on Guidelines for Classroom Copying in Not-for-profit Educational Institutions with Respect to Books and Periodicals. Agreed on March 19, 1976 by Ad Hoc Committee on Copyright Law Revision, Authors League of America, and Association of American Publishers.

[10] The sample scenarios used throughout this document were adapted fromCopyright Information Packet by the Association for Information Media and Equipment; Bulletin No. M-43 (Rev.). Compliance With the 1976 United StatesCopyright Act by the Los Angeles Unified School District.

[11] These guidelines were developed and approved in April 1976 by the Music Publishers’ Association of the United States, Inc., the National Music Publishers’ Association, Inc., the Music Teachers National Association, the Music Educators National Conference, the National Association of Schools of Music, and the Ad Hoc Committee on Copyright Law Revision

[12] In March of 1979, Congressman Robert Kastenmeier, Chairman of the House Subcommittee on Courts, Civil Liberties and the Administration of Justice, appointed a Negotiating Committee consisting of representatives of education organizations, copyright proprietors, and creating guilds and unions. These 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, often referred to as the Kastenmeier Guidelines, is to provide standards for both owners and users of copyrighted television programs.

[13] Adapted from ALA Library Fact Sheet Number 7 (Video and Copyright) by the American Library Association.

[14] Adopted September 27, 1996, by the United States House of Representatives, Subcommittee on the Courts and Intellectual Property, as a nonlegislative report. These guidelines refer to multimedia projects created by students and teachers for their own use to meet specific instructional objectives.

[15] The American Library Association has provided guidance in interpreting copyright law for reserve operations in its document Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use. The Neil Hellman Library has used this model policy in developing its own reserve services policy.

VII. The College of Saint Rose
File Sharing Supplement to the Acceptable Use and Copyright Policies

The following information pertains to students, faculty, administrators, staff, and all other employees, and guests of the College and all users of College equipment.

Illegal music and movie file sharing and related copyright violations will not be tolerated at The College of Saint Rose. If the College receives a reputable claim of copyright infringement, it will initiate an immediate investigation. If there is evidence that copyright infringement has occurred, access to network services will be terminated until suspected violator meets with a College official to discuss the matter. If after the individual’s computer or other device is examined by College officials and the individual agrees to abide by all laws and College policies related to copyright, network access will be restored. Repeat violations will be referred to the appropriate College judicial system for further action. Violators may also be subject to civil and criminal fines and possible jail sentences. The College is not liable for violations of its Acceptable Use and Copyright Policies by students, faculty, administrators, staff, all other employees, guests of the College, and all users of College equipment

The College of Saint Rose respects copyright and will cooperate with any investigations related to possible copyright infringement. Today’s technology allows for very easy tracking of music and movie file sharing over the College’s network. Copyright owners are able to detect the sharing of their files on our network, including the date, time, file name and network port of the violation, and report this information to the College’s administration demanding immediate action. The College has implemented its own system to detect and deter the illegal sharing of music and movie files.