Copyright Policy

University of Rio Grande / Rio Grande Community College

COPYRIGHT POLICY

It is the intent of the University of Rio Grande and Rio Grande Community College to adhere to the provisions of state and federal copyright laws. The following procedures represent a sincere effort to comply with the law:

1. The ethical and practical problems caused by illegal copying should be included in the University's in-service and faculty development programs.

2. Only legal copies of copyrighted materials may be made or used on University equipment (see Exhibit A, Parts 1-6).

3. The University of Rio Grande and Rio Grande Community College does not give permission for any illegal copying of any University owned copyrighted materials.

4. No student shall be advised that the student may copy protected materials other than allowed by the attached guidelines.

5. It shall be the policy of the University of Rio Grande and Rio Grande Community College to negotiate for specific copyright release where applicable. If releases are not obtained, alternative products will be considered before purchasing from a non-cooperating vendor (see Exhibit B).

6. The University of Rio Grande and Rio Grande Community College is responsible for distributing to University employees a copy of this policy.

7. The University of Rio Grande and Rio Grande Community College shall create and maintain the position of copyright officer for the institution.

8. Employees may exceed these policies only with the permission of the copyright officer in consultation with the University's Legal Council.

9. The appended guidelines will be modified periodically to reflect changes in the law and/or technology.

Exhibit A

Part 1

Guidelines for Computer Software

The purpose of the following guidelines is to state the minimum standards of educational fair use under the Copyright Revision Law (17 U.S.C. Sec 107 & 117). It is understood that the conditions determining the extent of permissible copying may change in the future.

To be legal copies, computer software must meet any or all of the following criteria:

1. It is in the public domain.

2. It is covered by a licensing agreement with the software author(s), vendor or developer.

3. It is a backup copy made as an essential step in the utilization of the program in conjunction with a machine and is used in no other manner.

4. It is a copy made for archival purposes only and it is to be destroyed in the event that possession of the original should cease to be legal.

5. It has been written or developed for the specific purpose of being used on University of Rio Grande and Rio Grande Community College computers.

6. It has been written or developed by one who has consented to its use by the University of Rio Grande and Rio Grande Community College.

Prohibitions:

1. The lease, sale or transfer of copies or adaptations may only be undertaken with the express written consent of the copyright owner.

2. Adapting a program to meet local needs and then copying that program for distribution throughout the institution is prohibited.

Exhibit A

Part 2

Guidelines for Print

The purpose of the following guidelines is to state the minimum standards of educational fair use under the Copyright Revision Law (17 U.S.C. Sec. 107). It is understood that the conditions determining the extent of permissible copying may change in the future.

1. Single copying for faculty

A single copy may be made of any of the following by or for a faculty member at his/her individual request for his/her scholarly research or use in teaching or preparation to teach a class:

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, periodical, or newspaper.

2. Multiple copies for classroom use

Multiple copies not to exceed more than one copy per pupil in a course may be made by or for the faculty member teaching the course for classroom use or discussion providing that:

a. The copying meets the tests of brevity and spontaneity as defined below;

b. It meets the cumulative effect test as defined below;

c. Each copy includes a notice of copyright.

Definitions:

Brevity:

i. Poetry: (a) a complete poem if less than 250 words and if printed on not more than two pages, or (b) from a longer poem, an excerpt of not more than 250 words or to the end of a line;

ii. Prose: (a) either a complete article, short story or essay of less than 2,500 words or (b) an excerpt from any prose work of not more than 2,500 words or 10% of the work or to the end of a paragraph;

iii. Illustration: one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue;

iv. Special works: certain works in poetry or prose which often combine language with illustrations and fall short of 2,500 words may not be reproduced in their entirety. An excerpt of not more than two of the published pages and containing not more than 10% of the words in the entire text may be reproduced.

Spontaneity:

i. The copying is at the instance and inspiration of the faculty member;

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 is unreasonable to expect a timely reply to a request for permission.

Cumulative Effect:

i. The copying of the material is for only one course;

ii. Not more than one short poem, article, short story, essay, or two excerpts may be copied from one author, nor more than three from the same collective work of periodical volume during one class term;

iii. There shall not be more than nine instances of such multiple copying for one course during one term (This does not apply to current newspapers and news periodicals).

3. Prohibitions as to above sections:

A. Copying shall not be used to create or replace or substitute for anthologies, compilations, or collective works whether copies are accumulated or reproduced or used separately.

B. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These works include workbooks, exercises, standardized tests, test booklets answer sheets, etc.

C. Copying shall not:

a. Substitute for the purchase of books, publishers' reprints or periodicals;

b. Be directed by higher authority;

c. Be repeated with respect to the came item by the same faculty member from term to term.

D. No charge shall be made to the student beyond the actual cost of copying.

Exhibit A

Part 3

Guidelines for Educational Uses of Music

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under the Copyright Revision Law (17 U.S.C. Sec. 107). It is understood that the conditions determining the extent of permissible copying for educational uses may change in the future. Also, there are instances in which copying does not fall into the guidelines stated below may nonetheless be permitted within the criteria of fair use as stated in Sections 107 and 108 of the Copyright Revision Law.

1. Permissible uses:

A. Emergency copying to replace purchased copies which are not available for an imminent performance, provided purchased copies shall be substituted in due course.

B. (a) For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not compromise a part of the whole which would constitute a performable unit such as a section, movement or aria, and in no case more than 10% of the whole work. The number of copies shall not exceed one per pupil.

(b) For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) that is confirmed by the copyright proprietor to be out of print or unavailable except in a larger work may be made by or for a faculty member solely for the purpose of his/her scholarly research or in preparation to teach a class.

C. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or lyrics either added or altered.

D. A single copy of recordings of performances by students students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual faculty member.

E. A single copy of a sound recording (tape, disc, cassette, etc.) of copyrighted music may be made from sound recordings owned by educational institutions or an individual faculty member for the purpose of constructing aural exercises or examinations and may be retained by the institution or individual.

2. Prohibitions:

A. Copying to create, replace or substitute anthologies, compilations or collective works.

B. Copying of or from works intended to be "consumable".

C. Copying for the purpose of performance except as in 1-A above.

D. Copying for the purpose of substituting for the purchase of music except as in 1-A and 1-B.

E. Copying without inclusion of the copyright notice which appears on the printed copy.

Exhibit A

Part 4

Guidelines for Non-Print Media

The purpose of the following guidelines is to state the minimum standards of educational fair use under the Copyright Revision Law (17 U.S.C. Sec. 107). It is understood that the conditions determining the extent of permissible copying may change in the future.

1. Motion pictures, filmstrips, transparencies with public performance rights secured:

Permissible:

A. A single copy of a portion of a copyrighted film. filmstrip, or transparency set may be made by a student for educational purposes if the material is owned by the University.

B. A single copy of a small portion of a film, filmstrip, or transparency set may be made by or for a faculty member for scholarly or teaching purposes only if the small portion used does not contain the essence of the material in question.

C. A copyrighted film, filmstrip or transparency set may be shown using closed-circuit television if the system is confined to one building.

Prohibitions:

A. Copyrighted materials which are sent to the University for preview or rent or owned by another institution may not be copied in whole or part without the express written permission of the copyright owner.

B. Copyrighted materials may not be shown using closed-circuit television outside the confines of one building without the express written permission of the copyright owner.

C. Copying or use of videotaped films from premium feature film services such as HBO for public performance is illegal.

2. Off-Air taping of radio broadcasts

Permissible:

A. A single copy of a small portion of a copyrighted radio program may be made by a student for educational purposes.

B. Copies of broadcasts by National Public Radio may be made by the University and retained for an indefinite period for educational purposes.

Prohibitions:

A. A copy of a small portion of a copyrighted radio broadcast may to be sold or performed for profit.

Exhibit A

Part 5

Guidelines For Off-Air Recording of Television Programs

The purpose of the following guidelines is to state the minimum standards of educational fair use under the Copyright Revision Law (17 U.S.C. Sec. 107) and in accordance with Kastenmeier Guidelines. It is understood that the conditions determining the extent of the permissible copying may change in the future.

1. The guidelines apply to off-air recording by non-profit educational institutions.

2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a nonprofit educational institution for a period not to exceed forty-five calendar days after the date of recording. After this forty-five day period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge (this excludes many cable transmissions, including premium feature film services.)

3. Off-air recordings may be used once by individual faculty members in the course of relevant teaching activities, and repeated only once when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten consecutive instructional days in the forty-five calendar day retention period. "Instructional days" are days in which classes are in session within the forty-five day period.

4. Off-air recordings may be made only at the request of individual faculty members and may not be recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same faculty member, regardless of the number of times the program may be broadcast.

5. A limited number of copies may be produced from each off-air recording to meet the legitimate needs of faculty members under these guidelines. Each additional copy shall be subject to all provisions governing the original recording.

6. After the first ten consecutive instructional days, off-air recordings may be used up to the end of the forty-five calendar day retention period only for evaluative purposes, i.e., to determine whether or not to include the broadcast program in the curriculum, and may not be used for student exhibition or any other nonevaluative purpose without authorization.

7. 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.

8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

Exhibit A

Part 6

Face-To-Face Exemption

The Copyright Revision Law (17 U.S.C. Sec. 110(1)) describes the Face-To-Face teaching exemption, which includes provisions to allow instructors in nonprofit educational institutions to use prerecorded video programming whose public performance rights have not been secured from the copyright owner. While the provisions are important to instructors, they are limited in scope and caution should be exercised. The statute reads as follows:

Notwithstanding the provisions of Section 106 [which describes the exclusive rights of copyright owners], the following are not infringements of copyright:

(1) Performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a non-profit educational institution, in a classroom or similar place devoted to instruction, unless in the case of a motion-picture or other audiovisual work, the performance is given by means of a copy that was not lawfully made and that the person responsible for the performance knew or had reason to believe was not lawfully made.

Requirements under the Face-To-Face Exemption

1. The public performance may be shown to a class for educational purposes by the instructor or a student enrolled in the course.

2. The performance must involve a face-to-face teaching activity.

3. Attendance at the performance must be limited to students enrolled in the course.

4. The performance must take place within a classroom or similar pace devoted to instruction [this may include a library, for example, if the instructor takes his/her class to the library and conducts a session there; the library would not be considered a classroom if the instructor sends a student to the library in order to view a video he/she missed the previous day].

5. The performance must be given by means of a lawfully made copy.

 

Exhibit B

Cooperative Agreements

A cooperative agreement between the University of Rio Grande and Rio Grande Community College and the vendor or copyright holder should include any or all of the following considerations:

1. Preview policy or return privilege;

2. Networking considerations;

3. Multiple copy use in lab or classroom;

4. Replacement of damaged materials;

5. University of Rio Grande and Rio Grande Community College interbuilding use;

6. Discount prices on multiple copy purchase; and

7. Loading same copy into a number of computers for simultaneous use.

Exhibit C

Requesting Permission to Use or Copy

The specific data you need to provide when requesting permission to use or copy copyrighted material include the following:

  • The exact item to be used or copied: which frame from what filmstrip, which slide from what series, what sequence from a film, etc.
  • The number of copies to be made and in what medium: slide-tape, black and white or color print, transparency.
  • The use of that will be made: part of a learning packet or resource unit, in a slide-tape presentation, etc.
  • Whether the material to be used or copied will be involved in a for-profit or not-for-profit venture.
  • The distribution of copyrighted material: internal to the university, outside the university, community groups, etc.

The form on the following page allows you to tell the producer everything he/she needs to know in order to grant permission to use or copy. Make an extra copy for your files and if you do not get a response within four to six weeks, write again and mark it "Second Request".

 

REQUEST FOR PERMISSION TO USE COPYRIGHTED MATERIALS

 

REQUEST No.:___________________ DATE:________________________________________

FIRM:_________________________________________________________________________

ADDRESS:______________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

PERSON MAKING REQUEST:________________________________________________________

TITLE:_________________________________________________ CAMPUS EXT.:__________

AUTHORIZED SIGNATURE:_________________________________________ DATE:__________

We request permission to use the following copyrighted materials:

______________________________________________________________________________

______________________________________________________________________________

________________________________________ Material(s) format:__________________

Use of material(s):___________________________________________________________

______________________________________________________________________________

Anticipated dates of use:_____________________________________________________

Additional comments:__________________________________________________________

______________________________________________________________________________

THANK YOU FOR YOUR COOPERATION

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

COPYRIGHT HOLDER'S REPLY

REQUEST NO:___________________

PERMISSION: ________ GRANTED _________ DENIED

Details (includes fees, limitations, etc, if any):____________________________

______________________________________________________________________________

Signature:________________________ Title:_______________________ Date:_______