Copyright Compliance  Policy
Effective         8/26/2004

Policy No.      

POLICY

A.                 Statement of Values

Terra State Community College recognizes and respects intellectual property rights.  As parT OF its goal to maintain the highest standards for ethical conduct, the College is committed to fulfilling its moral and legal obligations with respect to the use of copyright-protected works as enacted in the Copyright Act found in Title 17 of the U.S. Code.

B.                 Statement of Obligations

As a matter of both moral integrity and of adherence to U.S. copyright law, Terra State Community College sets forth these policies for all employees to demonstrate respect for intellectual property and compliance with the law:

1.         No employee of Terra STATE Community College may reproduce any copyrighted work in print, video or electronic form in violation of the law.  The easiest way to ensure no violation is by receiving express written permission of the copyright holder.  Works are protected by copyright laws in the U.S., even if they are not registered with the U.S. Copyright Office and even if they do not carry the copyright symbol (©).  Copyrighted works INCLUDE, but are not limited to, printed articles from publications, TV and radio programs, databases and World Wide Web pages.  In general, the laws that apply to printed materials are also applicable to visual and electronic media, such as diskettes, CD-ROMS and World Wide Web pages.

2.                  the Fair Use Criteria and Related Guidelines (Section 107: Fair Use of the federal copyright law) state that “Notwithstanding the provisions of section 106 and 106A, the fair use of a copyright work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.  In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include—

·        The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

·       The nature of the copyrighted work;

·        The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

·        The effect of the use upon the potential market for or value of the copyrighted work.

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

For additional information related to fair use, faculty should visit the College library’s web page or contact the college librarian.

3.         Terra State Community College designates the College librarian as the copyright officer to administer the College’s copyright policy.  The librarian can assist in handling any special copyright issues.  Questions concerning copyright procedures, including fair use, should be addressed to the College Librarian.

C.                 Liability for any infringement of this policy rests with the person making the copy or requesting the copy.

D.                 The College will make this policy, as well as a variety of websites that deal with copyright issues, available to all employees (faculty and staff) and students on the College website. 

PROCEDURES

1.      To obtain permission to reproduce copyrighted works, the employee should contact the Rights and Licensing Department of the copyright holder or request permissions online at copyright.com. 

2.      Questions on specific procedures should be directed to the copyright officer named above.