C OPYRIGHTS AND F AIR U SE G UIDELINES
II.09
Policy Reference(s):
Provost; General Counsel
Responsible Department(s):
2/19/1996
Approval Date: Revision Date(s):
8/15/2016; 7/1/2021
Federal law makes it illegal for anyone to duplicate, publish, distribute or display copyrighted materials without permission. These protections extend to original works of authorship in a variety of mediums, including but not limited to literary works; musical lyrics and compositions; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic and sculptural works; computer software; online and other printed materials; motion pictures, digital video downloads and other audiovisual works; and sound recordings. In addition, since copyright protection generally attaches at the moment of creation, even unpublished works are subject to protection against infringement under the law. The unauthorized copying, duplication or display of copyrighted materials may result in the imposition of severe penalties, unless the copying falls within the bounds of the fair use doctrine. This Regulation sets forth rules and guidelines that will assist College employees and students to determine when the fair use doctrine applies, and to identify those circumstances in which prior permission from the copyright owner must be obtained prior to any copying, duplication or display of a copyrighted work. D EFINITION OF “F AIR U SE ” Under federal copyright law, the “fair use” of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship or research does not constitute copyright infringement. The determination of whether the use made of a work in any particular case is fair requires consideration and evaluation of the following factors: 1. Whether the use is of a commercial nature; 2. whether the nature of the copyrighted work lends itself to a fair use, e.g. copying of a creative work is less likely to be considered a fair use than copying material that is factual in nature; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. whether the use will be detrimental to the market value of the copyrighted work. The following guidelines apply these factors to the types of potential uses most commonly encountered in educational institutions, as well as provide procedures for how to obtain permission if and where needed. Employees are encouraged to consult with their supervisor, academic dean or the College’s General Counsel if they have any questions regarding the application of these guidelines, or whether a proposed use of copyrighted material would require permission from the owner of the copyright.
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