POLICIES AND PROCEDURES | General Policies |2.10 Copyright


Copyright

College employees and students are expected to comply with Title 17 of the United States Code, entitled "Copyrights," amended by P.L. 94-553, dated October 19, 1976, and revised by the Copyright Act of 1976, effective January 2, 1978, and all subsequent amendments to the act. Information regarding this law is available through the college librarian and at. (page 110, Personnel Handbook)


At Southeastern Community College sensitive data and original works in all media are treated in accordance with copyright, trademark and patent law. The college expects employees and students to adhere to the law stated above. Generally, the “Fair Use” policy below will ensure adherence in an educational institution:


Fair Use Guidelines


General
Employees and students may use certain copyrighted materials if the reproduction falls within the “fair use” guidelines. Fair use is the privilege extended to others to use copyrighted materials without the owner’s consent.


The following factors are used in determining whether the use of copyrighted materials constitutes fair use:

  • The purpose and character of the use. In general, using copyrighted material for nonprofit educational purposes is offered greater protection than copying for commercial purposes.
  • The nature of the copyrighted work. Purely informational works may not be protected to the same degree as creative works.
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole. A short excerpt generally raises fewer problems than a wholesale reproduction.
  • The effect of the use upon the potential market for or value of the copyrighted work.

If the copyrighted materials to be used are not addressed in this policy, the “fair use” guidelines should be consulted. If the “fair use” guidelines cannot be met, the instructor shall request copyright permission in writing, according to the instructions available in the Library.


Specific Application of Fair Use Principle 

Each employee of the college shall become familiar with the basics of copyright law as outlined in this policy.


Printed Materials

1. Under the “fair use” guidelines an instructor may make a single copy of the following:

  • A chapter from a book.
  • An article from a periodical or newspaper.
  • A short story, short essay, or short poem, from collected work or other source.
  • A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or  newspaper.

2. In order to make multiple copies, the tests of brevity, spontaneity and
cumulative-effect must be met. In addition, the copies cannot exceed one per student in the class and must contain an appropriate notice of copyright on each distributed copy:

  • The brevity test allows the copying of the following: a complete poem if it is less than 250 words and printed on not more than two pages; an excerpt from a longer poem, not to exceed 250 words; a complete article, story, or essay, not to exceed 2,500 words; an excerpt from a prose work, not to exceed 1,000 words or 10 percent of the work; and, one chart, graph, diagram, drawing, cartoon, or picture per book or periodical.
  • The spontaneity test requires that the copying be the instructor’s idea and there be too little time after the instructor decided to use the material to request and receive permission from the copyright owner.
  • The cumulative-effect test provides that the copying may be for use in only one course; during any class-term, not more than two excerpts or one entire short poem, article, story, or essay may be copied from one author nor more than three excerpts from a given periodical or collection; and there may be no more than nine instances or multiple copying per class term, per teacher. The second and third limitations do not apply to current news periodicals, newspapers, or current news sections in other periodicals.

3. An instructor may not make copies of the following:

  • A copy of works to create an anthology.
  • Copies of consumable items, like workbooks, standardized tests, and answer sheets.
  • Computer Software - Federal law prohibits the unauthorized use and copying of computer software. Employees and students should check carefully for explicit guidelines in documents that accompany each software package. Periodic random software audits of selected personal computers owned by the college will be made to insure compliance with all licensing agreements. Responsibility for the audits will be assigned by the President.
  • Databases - Database material is not specifically addressed by federal law; however, employees and students shall not make copies of database material without first obtaining permission.

Audiovisual Materials
1. Television programs - All commercial television or cable channels,
including PBS, have copyright protection for all programming. The following guidelines govern the short-term use of off-air recording without the producer’s permission:

  • Off-air recorded programs may be held for a period not to exceed 45 days from broadcast, except for PBS broadcasts which may not be retained for more than seven (7) days. At the end of the prescribed time period the recording must be destroyed unless written permission (license) from the producer has been granted.
  • A program recorded off-air may be shown in class for instructional purposes twice during the ten (10) school days following the broadcast. During the remainder of the 45 day holding period described above, the instructor may use the program for personal evaluation only.
  • A program may be recorded only once by an instructor, regardless of the number of television broadcasts of the program.
  • The recording of a television program may be reproduced to meet the legitimate needs of instructors. Each copy is subject to all provisions governing the original recording.
  • Off-air recordings need not be used in their entirety. The sequence of use, however, must follow the order of the program, and the recording may not be altered.
  • All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
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2. Video Recordings - Privately purchased or rented video recordings may not be used for instructional purposes without obtaining permission of the producer or publisher. Such items  rented through the College may be shown at the College.

3. Music - The following guidelines shall be adhered to:

  • For purposes other than performance, a single copy of excerpts of printed material, not to exceed ten (10) percent of a whole musical composition or, in any case to constitute a performable unit of a work such as a movement or aria, may be made. Multiple copies of excerpts not to exceed one copy per student may be made. The copies must include the copyright notice.
  • Sound recordings to be used in class must be ordered through from an educational supply source that has the authority to sell the college a sublicense to use the recordings for instructional purposes.

4. Other Audio and/or Visual Materials - Federal law prohibits reproduction,
change, or use of any other audio and/or visual materials, including but not limited to compact discs, cassette tapes, reel-to-reel tapes, phonograph records, films, filmstrips, slides, microfilm microfiche, posters, diagrams, charts, pictures, prints, and sculpture when the reproduction, change, or use does not conform to “fair use” standards.

VP Ops/Fin, VP Stud Dev & Tech