USE OF COPYRIGHTED MATERIALS POLICY The University of North Alabama is committed to complying with the laws protecting the rights of copyright holders while recognizing that those rights permit certain educational uses, including fair use, of copyrighted materials. Faculty, staff, students and others working for or on behalf of UNA (" personnel ") bear the responsibility to make informed decisions regarding the proper use of copyrighted materials and are obligated to comply with Federal Copyright law (Title 17 U.S. Code). 1) BACKGROUND Copyright Law gives creators of original works the right to control how others use, reproduce, distribute, perform, display or use their works. Works protected by copyright include, among other categories: books, articles, instructional materials, and other written works; musical and dramatic works; pictures, films, videos, sculptures and other works of art; computer software; and electronic chip designs. As a result, use of another's work generally requires the permission of the rights holder, unless the work is in the public domain, or a statutory exception applies. The exceptions most likely to apply in the academic setting are the statutory Classroom Exception, the TEACH Act, and the Fair Use exception. It can be difficult to determine the copyright status of a work and whether the use qualifies for one of the exceptions to the requirement to obtain permission for use of the work. The Office of the Provost and Executive Vice President for Academic Affairs and the library staff are available to assist in making decisions regarding the use of copyrighted materials. 2) APPLICABILITY This Policy applies to all UNA personnel and to all copyrighted material. 3) DEFINITIONS a. Rights of the Copyright Owner (17 USC § 105): The owner of a copyright has the exclusive right to: i. To reproduce the work; ii. To prepare derivative works; iii. To distribute copies or phono records of the work to the public by sale, rental, lease, or lending; iv. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the work publicly; v. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and vi. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. b. Copyrightable Works : Copyrightable works of authorship are those that are fixed in a tangible medium and among other categories may include: books, articles, instructional materials, and other written works; musical and dramatic works; pictures, films, videos, sculptures and other works of art; computer software; and electronic chip designs. c. Fixed in a Tangible Medium (17 U.S.C. § 102): A copyright interest arises in a Work once it is " fixed in a tangible medium" of expression. A tangible medium is one from which the Work can be perceived, reproduced, or otherwise communicated, directly or with the aid of a machine or device.
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