| Title | Use of Copyrighted Materials (Temporary Emergency) | Number | 135 |
| Section | Governance, Organization, and General Information | Approval Date | Jun 16,2011 |
| Subsection | Publications, Reports, Research, and Records | Effective Date | Jun 16,2011 |
1.1 Copyright ownership and accompanying rights are concepts defined by federal law. The purpose of this policy is to outline the responsibilities of members of the university community with respect to federal laws regarding copyrighted materials and to provide resources that assist in carrying out these responsibilities. This policy establishes a mechanism to coordinate the dissemination of information about the use of copyrighted materials and to provide procedures for obtaining answers to questions about permitted uses of such materials.
2.1 United States Copyright Law of 1976, as amended (Title 17, United States Code).
2.2 Higher Education Act of 1965 (Pub. L. No. 89-329) (the "HEA") as amended by the HEOA.
2.3 Higher Education Opportunity Act of 2008 (Public Law 110-315) (HEOA).
3.1 Campus Community: Full- and part-time university employees and students
3.2. Copyright Act: United States Copyright Law of 1976, as amended (Title 17, United States Code).
3.3 Copyright: Protection provided for intellectual works by current federal and other applicable statutes. The owner of a copyright retains and controls various rights, including but not limited to the following: to print and reprint copies of the work; to sell or distribute copies of the work; to transform or revise the work; and to perform or display the work to the public.
3.4 Copyrighted works: Include, without limitation, literary works; musical works including accompanying words; dramatic works including accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and audiovisual works; sound recordings; and computer programs and documentation. Both published and unpublished works are under statutory protection. Most works (except those authored by the United States Government) should be presumed to be copyright protected, unless further information from the copyright holder or express notice reveals that the copyright holder intends the work to be in the public domain. Works published prior to March 1, 1989, generally require a copyright notice to be protected. Copyright notice is not required for copyright protection of works published on or after March 1, 1989. A guide to Copyright Issues in Higher Education prepared by the National Association of College and University Attorneys (1976) can be found at www.uvsc.edu/library/policy/copyright.pdf.
3.5 Department: The academic unit
3.6 Digital copyrighted works: Include digital material, software and other technologies used to support the electronic capture, storage, retrieval, transformation and presentation of digital data and information or to interface between digital forms and other communications and information media.
3.7 Fair Use: Use for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, Fair use is determined in each particular case by the following four factors:
3.7.1 The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
3.7.2 The nature of the copyrighted work;
3.7.3 The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
3.7.4 The effect of the use upon potential market for or value of the copyrighted work.
3.8 Supervisor: Head of the unit
3.9 VPAA: Vice President for Academic Affairs
4.1 Employees and students of the University shall comply with the United States Copyright Law of 1976, as amended (The Copyright Act) and other legal statutes and regulations governing the duplication and use of copyrighted materials.
4.1.1 Copyrighted materials may be copied or otherwise used without the copyright owner's permission where such copying constitutes "fair use" under the Copyright Act. Legal standards for Fair Use shall be respected fully by the Campus Community.
4.1.2 A committee at the University, named the Oversight Committee for Use of Copyrighted Materials, shall inform employees and students in the proper use of copyrighted materials. The make-up and role of this committee are outlined in Procedures, below.
4.1.3 Procedures for working with employees who repeatedly infringe copyright are provided in the Probation, Discipline, Dismissal and Termination Policy. Procedures for working with students who infringe copyright are provided in the Student Code policy.
4.1.4 Copyright infringement or unauthorized peer-to-peer file sharing may subject students and/or employees to civil or criminal penalties.
5.1 Oversight Committee for Use of Copyrighted Materials
5.1.1 An Oversight Committee for the Use of Copyrighted Materials shall be appointed by the President of the University. The Committee shall consist of a Chair, the university Copyright Agent as registered through the United State Copyright Office, and at least five additional representatives from the Faculty Senate, the Dean's Council, the library and other critical areas with particular concerns or expertise relative to copyright use. The members shall be appointed to three-year staggered terms.
5.1.2 The Oversight Committee shall have responsibility for coordinating educational activities to teach members of the campus community about their responsibilities under copyright law and the limitations on use of copyrighted materials.
5.1.3 The chair of the Oversight Committee shall report to an Associate VPAA or other officer as designated by the VPAA and the President. This designated Associate VPAA or officer shall be the university contact person for questions about use of copyrighted materials and may refer questions to the Chair of the Committee.
5.1.4 The Associate VPAA or officer designated by the VPAA shall request information on usage of copyright protected material from the Office of the Attorney General when clarification of law is needed.
5.2 Infringement of Copyright
5.2.1 It is the presumption of this policy that infringement of copyright, when it occurs, is generally not intentional. Therefore, the first action taken when the Committee or other members of the campus community become aware of infringements of copyright is to inform the infringing individual of the violation and work with them to take corrective action.
5.2.2 If alleged infringement by an employee persists, then the employee's supervisor shall be informed. The supervisor shall investigate allegations of copyright infringement and take action consistent with university discipline policy.
5.2.3 If alleged infringement by a student persists, then the Office of Judicial Affairs shall be informed and shall proceed in accordance with the Student Code policy.
5.3 Copyright Compliance with the Digital Millennium Copyright Act (DMCA)
5.3.1 Information and procedures regarding compliance with the Digital Millennium Copyright Act (DMCA) for notification of copyright infringement is found in the "Copyright Compliance with DMCA" policy.