(A) General policy.
(1) Wright state
university is committed to compliance with the United States Copyright Revision
Act of 1976, as amended, relating to the reproduction and use of copyrighted
materials.
(2) Although Wright state
university encourages its faculty and staff to engage in a wide variety of
activities related to education, it respects the legal right to intellectual
and creative property in all media. Such educational activities must therefore
be performed within the bounds of copyright law. The university intends to
adhere to the provisions of the U.S. Copyright Law (Title 17, United States
Code, Section 101, et. seq.) and expects faculty and staff to adhere to these
provisions as well.
(3) Wright state
university does not support unauthorized duplication or use of protected works
in any form. Employees who willfully disregard the copyright policy are in
violation of university policy, do so at their own risk, and assume all
liability. Although the university wishes to be supportive of faculty who
adhere to the copyright policy, the office of attorney general of the state of
Ohio is empowered solely to make any and all decisions concerning support of
employees who may be sued for violation of copyright law.
(4) Where procedures are
not clearly defined, or if guidance regarding questions of copyright ownership
or infringement is needed, employees of Wright state university should contact
the office of general counsel (937-775-2475).
(5) This policy is
concerned solely with the use of copyrighted materials owned by third parties.
It is not intended to address the ownership of copyrightable materials created
by university employees. For information about the ownership of copyrighted
works and other intellectual property, see the "Wright State University
Policy and Procedures for Intellectual Property."
(B) The copyright law.
(1) Copyright ownership
and subject matter:
(a) Copyright law gives an author the exclusive right to
reproduce, sell, distribute, revise, display, perform, broadcast or record a
work. Any reproduction or other use of a work either must be done with the
permission of the copyright owner or must be permitted by an exception
contained in the Copyright Act.
(b) Copyright protection extends to original works of
authorship fixed in any tangible medium, including books, journals, newspapers,
articles, audiovisual materials, computer programs, literary works, musical
compositions, lyrics, graphic works, sculptures, other works or the visual
arts, dramatic works, choreography, sound recordings and architectural
works.
(c) Copyright protection does not cover works in the
public domain, ideas, facts, mathematical formulas, measuring devices, blank
forms, or works of the U.S. government. However, the mere fact that a work is
factual in nature, or discuss mathematical formulas, does not mean that the
work as a whole is unprotected.
(d) Duration of copyright.
(i) Under current U.S.
law, copyright protection for a work remains in force throughout the life of
the author and until the end of the seventieth year following his or her death.
If a work is authored by more than one individual, copyright protection lasts
until the end of the seventieth year following the death of the last surviving
author.
(ii) In cases where the
work constitutes a work for hire (i.e., a work where a company is considered
the author, rather than an individual), copyright protection remains in effect
until the end of the ninety-fifth year following the first publication, or
until the end of the one hundred twentieth year following the creation,
whichever expires first. The same durations apply to anonymous and pseudonymous
works, unless the identity of one or more authors is revealed in copyright
cffice records, in which case the durations set forth in this paragraph
apply.
(e) Effect of copyright notice: At one time, works that
were published in the United States without copyright notice were considered
dedicated to the public domain. However, with the passage of the Berne
Convention Act of 1988, copyright notice is no longer required to obtain or
retain copyright protection. Consequently, the better approach is to assume
that a work is protected by copyright unless you have a clear basis on which to
determine that it is not protected.
(2) Fair
use.
The fair-use provision is presented as Section
107 of Title 17 of the United States Code. This section of the law allows
limited reproduction and use of copyrighted materials without the copyright
holder's permission and without payment of a fee. Fair use may allow for
limited copying or other use of materials for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom
use), scholarship, or research. If the limits of fair use are exceeded,
permission of the copyright owner must be obtained to permit reproduction or
other use of materials.
(a) Although one purpose of the fair use doctrine is to
recognize that some copying and distribution of works in educational settings
should be permitted without the permission of the copyright owner, it does not
exempt all copying and use of protected works merely because they occur in an
educational context. Instead, determining whether a particular use is a fair
use involves a consideration of a number of factors, including the
following:
(i) The purpose and
character of the use, including whether such use is of a commercial nature or
is for nonprofit educational purposes.
(ii) The nature of the
copyrighted work.
(iii) The amount and
substantiality of the portion used in relation to the copyrighted work as a
whole.
(iv) The effect of the
use upon the potential market for or value of the copyrighted
work.
(b) Recognizing that the fair use doctrine is often
difficult to apply, guidelines have been developed to help educators determine
whether a particular use is a fair use. These guidelines cover:
(i) Copying printed
materials for use in classrooms [see paragraphs (J)(1) to (J)(3) of this
rule];
(ii) Copying or using
musical compositions in educational settings [see paragraphs (I)(1) to (I)(2)
of this rule], and
(iii) Recording broadcast
programs for use in the classroom [see paragraph (C)(1) of this
rule].
(iv) Other exceptions: In
addition to the uses permitted by fair use, the Copyright Act identifies
several other specific uses which are allowed without obtaining specific
permission from the copyright owner. These uses relate to the
following:
(a) Copying by libraries
for patron use [see paragraph (F)(4) of this rule];
(b) Copying by libraries
as part of the interlibrary loan process [see paragraph (F)(5) of this rule],
and
(c) Backup copies of
computer software [see paragraph (E)(1) of this rule].
(C) Audio and video
recordings.
(1) Off-air
recordings.
These guidelines apply to individuals taping
programs at home or at other informal sites for classroom use. These guidelines
only pertain to the recording of programs that are transmitted without charge
by television stations for reception by the general public. They do not pertain
to the recording of programs broadcast on cable channels or satellite
channels.
(a) A broadcast program may be recorded off air
simultaneously with broadcast transmissions (including simultaneous cable
retransmission) and retained for a period not to exceed the first forty-five
consecutive calendar days after date of recording. Upon conclusion of such
retention period, all off-air recordings must be erased or destroyed
immediately.
(b) Off-air recordings may be used once by individual
teachers in the course of relevant teaching activities and may be repeated once
only when instructional reinforcement is necessary, in classrooms and similar
places devoted to instruction during the first ten consecutive school days of
the retention period. "School days" are school session days, not
counting weekends, holidays, vacations, examination periods, or other scheduled
interruptions.
(c) Off-air recordings may only be requested 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.
(d) 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 of the
original recording.
(e) After the first ten consecutive school days, off-air
recordings may be used up to the end of the retention period of forty-five
consecutive calendar days, only for evaluating and determining whether or not
to include the program in the teaching curriculum. It may not be used in the
recording institution for student exhibition or any other non evaluation
purpose without authorization.
(f) 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.
(g) All copies of off-air recordings must include copyright
notice on the broadcast program as recorded.
(h) Tapes recorded by the center for teaching and learning
must be returned to the center for teaching and learning after the first ten
consecutive school days. The center for teaching and learning will retain them
for the remainder of the forty-five day limit and will assist departments in
obtaining licensing or will erase accordingly.
(2) Transfers,
duplication and editing.
Transfers of other formats (film, slides, etc.)
to a videotape format, duplication of a videotape, and editing of videotapes
require written permission from the copyright holder, unless the work is no
longer protected by copyright.
(3) Teleconferencing.
Teleconferences will be received by satellite
after proper clearances and permissions are obtained. Such teleconferences may
be recorded for future use only with written permission from the copyright
holder.
(4) TV
production.
Programs produced by the Wright state
university center for teaching and learning for live or taped broadcast,
classroom use, or distribution must have clearances for all copyrighted
materials included in these programs, as well as signed clearances from
participants.
(5) Videotaping of
performances or events.
(a) Videotaping of any performance on Wright state
university campus will be done only with all clearances and permissions in
writing. These clearances must state the intended use of the videotape (for
example, classroom use, recruiting, and resumes).
(b) If a performance or event is considered public domain
in all aspects (music, arrangements, script, etc.), the center for teaching and
learning will videotape the performance or event.
(6) Use of audiovisual
recordings in classrooms.
Instructors, students and guest lecturers may
play motion pictures or other audiovisual works in the course of face-to-face
teaching activities in a classroom or similar instructional setting, provided
that the copy of the work is a lawfully-made copy (or that the person playing
the recording did not know or has no reason to believe that the copy was not
lawfully-made) and provided that viewing the work is part of the instructional
program.
(D) Bookstores.
Employees are expected to adhere to copyright
policy and guidelines in the duplication or printing of classroom materials and
placement of such materials by the publications rotary administrator (Printing
service) for commercial sale. Employees should contact printing service for
copyright information regarding classroom materials.
(1) Copyright
clearance.
(a) Faculty/departments should review the copyrighted
content (if any) of class packets and submit the appropriate form along with
the manuscript to the rotary administrator.
(b) The copyright coordinator in printing service must
obtain written permission from the copyright holder before the material can be
reproduced and subsequently sold.
(c) Acquisition of copyright permission is often a complex
and time-consuming process; therefore, adequate time should be allowed for
processing. Some permissions are granted immediately; others may take up to
eight weeks or even longer. Further, the copyright owner is under no obligation
to grant permission to use the work. Accordingly, faculty may wish to develop
contingency plans in the event that permission cannot be obtained or cannot be
obtained in a timely manner.
(E) Computer software.
Much computer software is protected by copyright,
and is only licensed, not sold, to the user. For purposes of copyright, each
version of software may be copyrighted separately, i.e., if the holder of
copyright in the software develops and publishes a new release of the software,
and the user wishes to use the new version, a separate license is usually
required for each user. A purchaser of a software license does not acquire
ownership of the software, but instead gains the right to use only the single
purchased copy of the software.
(1) Backup copy. The
copyright law permits the licensee to make an additional copy of the software
for backup purposes, though any backup copy must be destroyed if the purchaser
transfers the software to another owner. Where the university licenses the
software, only the university, and not the individual using the software, is
entitled to make the backup copy.
(2) Prohibitions and
areas of caution.
(a) In many instances, use of software may be restricted by
the terms of the license. For example, use of software may be restricted to a
particular computer at a particular site. In addition, use of the software may
be limited to specific purposes. In these circumstances, permission of the
copyright owner must be acquired if the purchaser wishes to use the software on
a different computer at a different site, or for any other purpose not
permitted by the license.
(b) In the case of some software, the university may
purchase a site license, which will permit the use of the software on more than
one computer at the university. It is usually in the best interest of the
university to purchase site license when such a plan is available. However, the
number of computers that the software can be used on is regulated by the
license, and the mere fact that the university has purchased a site license
does not mean that the software can be used on any computer on
campus.
(c) Individual employees who acquire software for their
personal use with regard to their duties at Wright state university must secure
any necessary licenses, and must supply printed copies of such licenses to the
university before installing the software on university computers. If the
software is purchased by Wright state university, any licenses will be in the
name of the institution. Employees may not make copies of software programs for
associates, but they may transfer their use to a colleague after receiving
permission from the university to do so. In doing so, the original user loses
the right to continued use of the software and may not retain any copy or make
any further use of the software.
(d) If the university supplies licensed software to
students in the course of instruction in a classroom, then sufficient licenses
must be held by the university for all computers in that
classroom.
(e) If the university supplies licensed software to
students in the course of instruction in other than a classroom situation,
sufficient licenses must be held by the university for all students in the
class and for the instructor.
(f) If more than one class is using licensed software
during the same quarter, sufficient licenses must be held by the university for
all such classes.
(g) Shareware is easily identifiable through explicit
statements within the software documentation, or identification is displayed on
the computer screen. Unless these explicit statements identify the software as
shareware, the user may assume that they may not be duplicated. Even if
software is shareware, the copyright owner may have placed restrictions or
limitation on the duplication and use of the software.
(h) The user should not assume that software not containing
a copyright notice is in the public domain and may be copied freely. The user
should consult with computing and telecommunications services to ensure that
the software to be copied is in the public domain.
(F) University library.
(1) Section 108 of Title
17 of the United States Code of the copyright law identifies the conditions
under which libraries may reproduce copyrighted works for their own use [see
paragraph (F)(3) of this rule], to satisfy the needs of patrons [see paragraph
(F)(4) of this rule], and for interlibrary loan purposes [refer to paragraph
(F)(5) of this rule]. To qualify for these exemptions, all of the following
conditions must be met:
(a) The library's collection must be open to the
public, or otherwise available to persons doing research;
(b) The copying must be done without any direct or indirect
commercial advantage;
(c) Any copies made must include the original notice of
copyright or a statement that the work may be protected by copyright,
and
(d) The library must not have reason to believe it is
engaging in the related or concerted reproduction or distribution of multiple
copies of the same material, whether made on one occasion or over a period of
time.
(2) Copyrighted textual
works may be reproduced by or for faculty members for classroom use without
obtaining permission, provided that the circumstances conform to fair use as
outlined in these guidelines [see paragraph (J) of this rule].
(3) Libraries are
permitted to make copies for their own use, or for use by another library whose
collection is open to the public, as follows:
(a) For published works, a library may make up to three
copies of a particular work in order to replace a damaged, lost, stolen or
obsolete copy in the library's own collection, provided that an unused
replacement cannot be obtained through normal commercial channels at a fair
price. (A copy is considered obsolete if it is a particular format and the
device used to read that format is no longer manufactured or reasonably
available.)
(b) For unpublished works, a library may make up to three
copies of a particular work found in its own collection for the purpose of
preservation or deposit with another library whose collection is open to the
public.
(c) Libraries are permitted to make digital copies of works
as replacement copies or for preservation, but such copies may not be made
available to the public in digital form outside the premises of the
library.
(4) Libraries are
permitted to make copies for patron use as follows:
(a) The work to be copied must be in the collection of the
library, and that collection must be open to the public.
(b) Only certain types of works can be copied for patron
use. Generally, the only permissible works are textual works (books, articles,
etc.). Section 108 of the Copyright Act does not allow libraries to make copies
of musical works; pictorial, graphic or sculptural works (except for pictorial
and graphic material that is part of a textual work, such as photographs or
illustrations that are part of an article), or motion pictures or other
audiovisual works. Copies of sound recordings can be made, as long as the
recording is not of a musical work or is of a musical work no longer protected
by copyright.
(c) The library must display, at the place where orders are
accepted, and must include in its order form, a notice concerning copyright
restrictions, as follows:
Notice: "Warning Concerning Copyright
Restrictions" The Copyright law of the United States (Title 17, United
States Code) governs the making of photocopies or other reproductions of
copyrighted material.
Under certain conditions specified in the
law, libraries, and archives are authorized to furnish a photocopy or other
reproduction. One of these specified conditions is that the photocopy or
reproduction is not to be "used for any purpose other than private study,
scholarship, or research." If a user makes a request for, or later uses, a
photocopy or reproduction for purposes in excess of "fair use," that
user may be liable for copyright infringement.
This institution reserves the right to refuse
to accept a copying order if, in its judgment, fulfillment of the order would
involve violation of copyright law.
(d) The copy must become the property of the requestor, and
the library must have no notice that it will be used for any purpose other than
scholarship or research.
(e) Only a single copy of a work may be made for a given
requestor.
(f) A library is permitted to make a copy of no more than
one article or other contribution to a collection or periodical, or small part
of any other copyrighted work, provided that the library is not engaging in the
systematic reproduction and distribution of the entire work.
(g) Where a patron requests a copy of the entire work, a
library is permitted to make a copy only if it has determined, after a
reasonable investigation, that a copy of the work cannot be obtained at a fair
price.
(5) Libraries also are
permitted to request copies of materials from other libraries for their
patrons, and make copies for use by patrons of other libraries, through the
practice of interlibrary loans. Any copies made for interlibrary loan purposes
must comply with the restrictions set forth in paragraph (F)(4) of this rule.
In addition, for works not in the library's own collection, the library
must abide by the following restrictions:
(a) Any copies obtained through interlibrary loans must
become the property of the patron who requested the material, and cannot be
retained by the library as part of its collection.
(b) The library may not request, within the same calendar
year, more than five copies of any article or articles published in a
particular periodical during the five years prior to the date of the request.
The limitation of five copies is not tied to a particular article or issue, but
to the periodical in general.
(c) For works other than periodicals, the library may not
request, within the same calendar year, more than five copies of or from a
single work.
(d) The library must retain records of all requests it has
made, as well as records of fulfillment of these requests, until the end of the
third calendar year following the year in which the request was
made.
(e) The library must send, along with any requests for
copies sent to other libraries, a statement that the request is made in
conformity with the guidelines in Section 108 of the Copyright
Act.
(f) The library may not fulfill requests from any other
libraries unless the request is accompanied by a representation from the
requesting library that the request is made in conformity with the guidelines
in Section 108 of the Copyright Act.
(6) A library may
reproduce and lend a limited number of copies and excerpts from an audiovisual
news program. "News program," in this context, refers to local,
regional or national news programs, but not to documentary programs, magazine
format programs, or other public affairs broadcasts.
(7) During the last
twenty years of the term of copyright in a work [see paragraph (B)(1)(d) of
this rule] for a discussion of the duration of copyright protection], a library
may reproduce, distribute, display or perform a copy of a work (including a
digital copy), or portions thereof, for purposes of preservation, scholarship
or research, provided that the library has determined, after a reasonable
investigation, that:
(a) The work was published by or with the authorization of
the copyright owner;
(b) The work is not subject to normal commercial
exploitation;
(c) A copy cannot be obtained at a reasonable price;
and
(d) The copyright owner has not provided notice to the
copyright office that the work is subject to normal commercial exploitation or
that copies can be obtained at a reasonable price. The copyright office
maintains a searchable database on its web site that can be used to determine
whether this notice was filed for a particular work.
(8) A library and its
employees are exempt from liability for the unsupervised use of card- and
coin-operated photocopiers located on the premises, provided that such
equipment displays a copyright warning notice.
(G) Media.
Wright state university media, including student
media, have full rights to freedom of speech and of the press. However, media
must adhere to legal restrictions, including the law of copyright. The
following guidelines apply to university media's use of material under
copyright:
(1) Print media may not
reproduce copyrighted materials without written permission of the copyright
owner, clear identification of the source, and, if applicable, copyrighted
status of the material, printed in association with the material. This
prohibition includes but is not limited to photo duplication of or other
reproduction of lyrics from music, poetry, photographs, designs, art works,
illustrations, and reports not commissioned by the media or documents prepared
outside the direction of the media.
(2) Broadcast media must
obtain appropriate licensing agreements prior to broadcast of material under
copyright.
(3) Wright state
university media may reproduce or otherwise use the following without obtaining
permission:
(a) Works not protected by copyright or otherwise in the
public domain;
(b) Original works commissioned by Wright state university
media, provided that Wright state university media has acquired copyright in
the work or a license to reproduce or use the work in the manner proposed;
and,
(c) Reports composed for Wright state university media by
employees of the Wright state university media.
(H) Center for teaching and
learning.
The center for teaching and learning receives
many requests that involve the reproduction of copyrighted materials. The
center's policy is to evaluate each request in terms of the fair-use
provisions of the copyright law, and it reserves the right to refuse to
reproduce any materials that may result in a potential violation of the
copyright law. The types of requests that the department will accept are listed
in this paragraph. In all cases, the reproduction, in any form, of a
copyrighted work by the center for teaching and learning may only be for the
instructional, scholarly, or research-related activities of Wright state
university.
(1) Copying or
reproduction of any materials for which a letter of permission from the
copyright holder is on file with the Center for teaching and learning, or for
which the requester can supply written permission from the copyright
owner.
(2) Copying or
reproduction of any materials in any format where the work is demonstrably in
the public domain.
(3) Copying or
reproduction in any format of material created in its entirety by the
requestor.
(4) Video recordings in
classrooms, labs, or other campus facilities of faculty presentations
(lectures, demonstrations, etc.), provided that the recording of the
presentation does not include the recording of copyrighted material that might
be included as part of the presentation.
(5) Reproduction from any
data source onto a hard-copy unit, providing the data do not contain
copyrighted material, and provided that the compilation of the data is not
protected by copyright law.
(I) Musical compositions.
The following guidelines apply only to use or
reproduction of a musical composition. They do not exempt completely uses of
recorded music, which involve both a copyright in the musical composition and a
copyright in the recording of the composition.
(1) Copyrighted musical
compositions may be copied under the following circumstances:
(a) It is emergency copying to replace purchased copies
that are not available for an imminent performance, provided purchased
replacement copies shall be substituted in due course.
(b) Single or multiple copies of excerpts may be made for
academic purposes other than performance, provided (i) the excerpts do not
comprise a part of the whole that could constitute a performable unit, such as
a section, movement or aria; (ii) such copying does not exceed ten per cent of
the work and (iii) that no more than one copy per student is made.
(c) 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 altered or added.
(d) A single copy of recordings of performances by students
may be made for evaluation purposes and may be retained by the institution or
instructor.
(2) The following
prohibitions apply to the use of musical compositions in educational
settings:
(a) Copies shall not be made to create or replace or
substitute for anthologies, compilations, or collective works.
(b) Copies shall not be made of or from works intended to
be consumable in the course of study or in teaching, such as workbooks,
exercises, standardized tests and answer sheets, and like
material.
(c) Copies shall not be made for the purpose of
performance, except for emergency copying as described in paragraph (I)(1)(a)
of this rule.
(d) Copies shall not be made for the purpose of
substituting for the purchase of music, except for emergency copying as
described in paragraph (I)(1)(a) of this rule and for copies of excerpts as
described in paragraph (I)(1)(b) of this rule.
(e) Copies shall not be made without inclusion of the
copyright notice that appears on the printed copy.
(J) Copies of printed material for
classroom use in nonprofit educational institutions.
(1) A single copy of any
of the following materials may be made by or for an instructor upon request, to
be used for scholarly research or for use in teaching or preparation for
teaching.
(a) A chapter from a book.
(b) An article from a periodical or newspaper.
(c) A short story, short essay, or short poem, whether or
not from a collective work.
(d) A chart, graph, diagram, drawing, cartoon, or picture
from a book or periodical or newspaper.
(2) Multiple copies of
printed works protected by copyright law may be made by or for an instructor
for classroom use, provided that all of the following apply:
(a) The copies will be used in classroom teaching for only
one course during one academic quarter.
(b) No more than one copy is made per student in a
particular course.
(c) The copying meets the test of brevity:
(i) For poetry, a
complete poem if less than two hundred fifty words and if printed on no more
than two pages, or an excerpt from a longer poem, provided the excerpt is not
more than two hundred fifty words, (These limits can be expanded to permit the
completion of an unfinished line of a poem.)
(ii) For prose (excluding
special works as described in paragraph (J)(2)(c)(iv) of this rule), a complete
article, story, or essay if less than twenty-five hundred words, or an excerpt
from a longer prose work, provided that the excerpt is not more than one
thousand words and not more than ten per cent of the work (unless the ten per
cent threshold would limit the excerpt to less than five hundred words, in
which case the excerpt can be five hundreds words long). (These limits can be
expanded to permit the completion of an unfinished paragraph.)
(iii) For illustrations,
one chart, graph, diagram, drawing, cartoon or picture per book or periodical
issue.
(iv) For special works
(such as works in poetry, prose, or poetic prose, which combine language with
illustrations and which fall short of twenty-five hundred words in their
entirety), an excerpt comprising not more than two of the published pages of
such special work and containing not more than ten per cent of the words found
in the text thereof.
(d) The copying meets the test of spontaneity:
(i) It is at the
instance and inspiration of the instructor.
(ii) The inspiration and
decision to use the work and the moment of its use for maximum teaching
effectiveness are so close in time that it would be unreasonable to expect a
timely reply to a request for permission.
(e) The copying meets the cumulative effect
test:
(i) The copied material
is used for only one course.
(ii) The copying does not
involve more than one work (or two excerpts) from the same author, or more than
three from the same collective work or periodical volume per class term. (This
limitation is waived with respect to current news periodicals and newspapers,
and current news sections of other periodicals.)
(iii) No more than nine
instances of multiple copying occur per class term. (This limitation is waived
with respect to current news periodicals and newspapers, and current news
sections of other periodicals.)
(f) A notice of copyright is included on the first page of
each photocopy.
(3) The following
prohibitions apply to copying for classroom use:
(a) Copies shall not be made to create or to replace or to
substitute for anthologies, compilations, or collective works.
(b) Copies shall not be made of or from works intended to
be consumable in the course of study or teaching. These works include
workbooks, exercises, standardized tests, and test booklets and answer
sheets.
(c) Copies shall not be made to substitute for the purchase
of books, publishers' reprints, or periodicals.
(d) Copying shall not be repeated with respect to the same
item by the same teacher term to term.
(e) No charge shall be made to the student beyond the
actual costs of the photocopying.
(f) Authority figures (e.g., teachers and supervisors)
shall not direct students or employees under their supervision to perform
actions that are in violation of copyright law or fair-use
guidelines.
(K) Use of copyrighted works in distance
learning.
Section 110(2) of the Copyright Act permits use
of certain works in distance learning settings, including online courses,
without obtaining permission from the copyright owner. A number of restrictions
and regulations govern the types of works that can be used and how those works
can be used and transmitted as part of the course. If an instructor wishes to
use a work in a manner not permitted under the exception in Section 110(2) of
the Copyright Act, the instructor must obtain written permission from the
copyright owner to include the material in the distance learning course.
(1) Types of works
covered by the exception
(a) Except for those works identified in paragraph
(K)(1)(b) of this rule, instructors can include performances of non-dramatic
literary or musical works as part of a distance learning course. Instructors
may also include performances or displays of reasonable and limited portions of
all types of works (including dramatic works and audiovisual works), as part of
a distance learning course, provided that the use of the material is in an
amount comparable to that typically used in a live classroom
session.
(b) Instructors cannot use works that are produced or
marketed primarily for use in distance learning courses without first obtaining
permission from the copyright owner. Further, instructors cannot include works
such as textbooks, course packs or other works that are typically purchased by
the student for use in the class. Finally, instructors cannot use or include
works if their source copy is not a lawfully made and acquired
copy.
(2) Manner of
use.
(a) The performance or display of the work must be made by,
at the direction of, or under the actual supervision of the
instructor.
(b) The performance or display of the work must be an
integral part of a discreet class session, and cannot be made generally
available for access by students.
(c) The performance or display of the work must be directly
related to the teaching content of the course.
(d) The performance or display must be analogous to that
which might occur in a traditional classroom setting. Accordingly, instructors
may not upload full works or excerpts from works to a web site for students to
access throughout their enrollment in the course.
(3) Transmission of
works.
(a) Transmission of the works must be made solely for
reception by students officially enrolled in the course. Technological
measures, such as password-protecting the material transmitted, must be used to
prevent unauthorized access to the materials.
(b) Each transmission of the work must include a clear
warning that materials included in the course may be subject to copyright
protection.
(c) In the case of digital transmissions, including
transmissions made via the Internet, technological measures must be used to
prevent retention of the work by the recipients, further distribution or
dissemination of the work by the recipients, or other use beyond use as part of
the class session in which the work is incorporated. If the work was
distributed by the copyright owner with restrictive codes, embedded management
systems, or other technological safeguards designed to prevent such retention
or unauthorized distribution, the university cannot take any steps that could
reasonably interfere with those safeguards.
(4) Making copies of
works for transmission.
(a) The university may make digital copies of works
available in digital form for the purpose of including those copies in a
distance learning course, provided that the digital copies are retained by the
university and used solely for transmissions authorized under the exception in
Section 110(2) of the Copyright Act, and that no further copies are made from
the digital copy.
(b) The university may make digital copies of works not
available in digital form for the purpose of including those copies in a
distance learning course, provides that the university converts no more of the
work into digital format as may be used in the course [see paragraph (K)(1)(a)
of this rule], and provided that no digital version of the work is available
for purchase, or any digital version available has technological measures that
prevent its use in compliance with the guidelines outlined in this
paragraph.
(5) Retention of copies
of materials transmitted.
(a) The university may retain copies of the digital
transmissions that comprise a distance learning class or course, including
copies of any copyrighted materials incorporated therein, provided that the
copies of the transmissions are retained and used solely by the
university.
(b) Any copies of transmissions retained by the university
can only be used for further transmissions of the distance learning course in
accordance with the guidelines set forth above. No copies can be made from the
retained material, except for copies made and used in further distance
education courses, provided those courses comply with the guidelines set forth
in this paragraph.
(c) Copies of transmissions for a particular course cannot
be retained by individual instructors. The copies of the transmissions must
retain the property of and under the control of the university.
(L) Other online materials.
(1) The university is not
responsible for the content of unofficial web sites or other online material
hosted on the university's servers. To the extent that faculty, staff,
students and other persons associated with Wright state university create
unofficial web sites, the university expects that the persons responsible for
the web site content will abide with applicable copyright laws regarding the
use of copyrighted materials.
(2) The university also
does not control and is not responsible for the content of any web sites
created by faculty or graduate student employees where such web sites are tied
to genuine teaching or research activities, except that such web sites cannot
include copies of or access to instructional material that are or were required
or recommended, within the preceding three years, for a course taught at Wright
state by the faculty member or graduate student. Otherwise, the university
expects that the faculty member or graduate student responsible for the web
site content will abide with applicable copyright laws regarding the use of
copyrighted materials.
(3) Notwithstanding the
foregoing, the university may take down or disable access to any unofficial web
sites, web sites maintained by faculty members or graduate student employees,
or other online material, if the university receives a notice from a copyright
owner, in compliance with Section 512 (c)(3) of the Copyright Act, that
material on the web site infringes a copyrighted work. Wright state's
actions in taking down such material are in compliance with the provisions of
the Digital Millennium Copyright Act, as set forth on the copyright information
page of the university's web site,
http://wright.edu/web/copyright.html.
(a) If the university receives a proper notification, it
will act expeditiously to remove or disable access to the allegedly-infringing
material.
(b) Upon taking such action, the university will notify the
person associated with or responsible for the web site or other online posting
that it has removed or disabled access to the site. This notice will be sent
via e-mail to the e-mail address associated with person responsible for the web
site.
(c) The person who posted the material covered by the
notification can file a counter-notification with the university, setting forth
the reasons why the material should not be taken down. To be effective, the
notice must comply with the following:
(i) It must be in
writing, and must be submitted to "Larry Chan, General Counsel for Wright
State University." The written notice may be submitted in person or by
regular mail to the "Office of General Counsel (282 University Hall,
Wright State University, Dayton OH 45435-0001)," or by electronic mail to
larry.chan@wright.edu.
(ii) The notice must
include the user's name, address and phone number.
(iii) The notice must
identify the material that has been taken down, as well as the location where
the material appeared before it was taken down.
(iv) The notice must
include a statement, made by the user under penalty of perjury, that he or she
has a good faith belief that the material was taken down as a result of a
mistake or misidentification of the material to be removed.
(v) The notice must
include a statement that the user consents to the jurisdiction of a federal
district court to resolve the matter, and that the user will accept service of
process from the complaining party or its agent.
(vi) The notice must be
signed by the user, either physically or electronically.
(d) Upon receiving such notice from the user, the
university will promptly forward a copy of the notice to the copyright owner
who complained of the infringement, and will then replace or restore access to
the material between the tenth and fourteenth business day following the date
the notice is forwarded to the copyright owner, unless it receives further
notice that the copyright owner has filed a court action against the user
relating to the material in question.
(4) In the event that the
university receives two genuine notifications of claims of infringement related
to a particular faculty member or graduate student employee within a three-year
period, the university will not permit that faculty member or graduate student
employee to maintain a web site on the university's servers until both
instances of claimed infringement are more than three years in the
past.
(M) Technological protection
measures.
Some copyright owners use technological
protection measures, including passwords, restrictive codes, embedded
management systems, and other devices, that are designed to prevent
unauthorized access to a copyrighted work and/or unauthorized copying of a
copyrighted work. The university and its employees shall not circumvent any
technological protection measures designed to restrict access to a work, except
in the following circumstances:
(1) The university and
its employees may circumvent access control measures in order to make a good
faith determination of whether to obtain authorized access to the work,
provided that:
(a) The copy accessed is not retained longer than necessary
to make such a determination;
(b) The copy accessed is not used for any purpose other
than making the determination, and
(c) An identical copy of the work is not reasonably
available in another form that can be reviewed without circumventing the access
control measures.
(2) The university and
its employees may circumvent access control measures on computer programs,
provided the university has a license to use the computer program, that the
measures are circumvented solely for the purpose of identifying and analyzing
elements of the program necessary to achieve interoperability with other
programs, and that the steps taken are otherwise permissible under copyright
law.
(N) File sharing using university
resources.
University computers and its servers may not be
used to engage in file sharing in violation of copyright law. File sharing is
the sending or accessing of files on a remote computer, often involving file
sharing applications such as KaZaA, Gnutella or Morpheus. While such programs
have lawful purposes, use of these and other similar programs could involve
illegal duplication or distribution when copyrighted works are involved.
(1) File sharing is
permitted only when it is done in compliance with applicable copyright law.
Accordingly, file sharing is permitted only when:
(a) The individual sharing the work is the owner of
copyright in the work being shared (e.g., the work was created in its entirety
by the individual);
(b) The owner of copyright in the work has given permission
for the work to be copied and distributed through file sharing;
(c) The material shared is in the public domain;
or
(d) Distribution of the material through file sharing falls
within the fair use exception or another exception contained in the Copyright
Act. However, the mere fact that the use of certain material in a classroom or
research project may be fair use or fall within another exception does not
necessarily mean that duplicating and transmitting the work through file
sharing is also permitted under those exceptions.
(2) Some file sharing
programs are set, by default, to transmit and share any files of a certain type
on the computer whenever the computer is running. Anyone using these programs
must either set the program not to share files in this manner, or must ensure
that they have explicit permission from the copyright owners to share all of
the files associated with the file sharing program.
(3) Unauthorized
distribution/peer-to-peer file sharing may subject students to civil and
criminal liabilities.
(a) A summary of penalties for violating federal copyright
laws can be found at http://www.copyright.gov/legislation/dmca.pdf under
section "Remedies."
(b) A summary of disciplinary actions students may be
subject to can be found at
http://www.wright.edu/community-standards-and-student-conduct/code-of-student-conduct/
nonacademic-violations-process.
(c) A summary of disciplinary sanctions student may be
subject to for a violation of university policy can be found at
http://www.wright.edu/community-standards-and-student-conduct/code-of-student-conduct/sanctions.
Supporting documents:
Digital Millennium Copyright Act of 1998
http://www.copyright.gov/legislation/dmca.pdf
"Responsible Use of University Computing
Resources" http://www.wright.edu/wrightway/3002
"Student Housing Network Acceptable Use
Policy"
http://www.wright.edu/sites/default/files/page/attachements/acceptable_use_policy.pdf
