Administrative Guideline 1103

Adopted/Revised: 11/26/2019

ADMINISTRATIVE GUIDELINE TYPE: Information Technology 
ADMINISTRATIVE GUIDELINE TITLE: Copyright Act
DEPARTMENT RESPONSIBLE: Information Technology Services

I. Statement of Purpose

The purpose of this guideline is to inform SCC employees and students about the Copyright Act of 1976, codified in Title 17 of the United States Code. This guideline provides an overview of the law's provisions; for purposes of length and readability a significant amount of detail has been omitted. A complete understanding of any provision of the Copyright Act requires reference to the text of the legislation itself. 

II. Users Governed

This guideline applies to all SCC employees and students (credit and non-credit).

III. Copyright

Copyright is a form of protection provided by U.S. law to authors of original works of authorship from the time the works are created in a fixed form.

“Copyright owners have the exclusive rights to do and to authorize any of the following:

• to reproduce the work in copies or phonorecords;
• to prepare derivative works based upon the copyrighted work;
• to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
• 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
• in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.” (17 U.S.C. § 106)

In the U.S., copyright protection exists automatically from the moment the original work of authorship is fixed. Duration of copyright varies according to specific circumstances.

IV. Reproduction or Use of Copyrighted Materials

To support its educational mission, SCC provides intellectual, technological, and information resources for use by the entire College community. When reproducing or using copyright-protected works, all members of the College community are expected to comply with the United States Copyright Act of 1976 as amended and the Digital Millennium Copyright Act of 1998 (see Administrative Guideline 1104). This includes all media, such as written works, musical works, dramatic works, pictorial and graphic works, sculptural works, motion picture, television, and other audiovisual works, sound recordings, multimedia works, and digital and computer works and programs.

In general, if you want to use a copyright-protected work, you must obtain permission from the copyright owner. If permission is denied or cannot be obtained in time, then the work should not be used/reproduced. (Attribution is not a substitute for permission when permission is necessary. Not receiving an answer to a copyright request does not authorize use.) Documentation of permissions granted should be retained to defend against claims of infringement.

Copyright owners may charge fees to use/reproduce works; if this is the case, contact your administrative supervisor for approval. In some instances, the fees may be passed on to students.

Use/reproduction of copyright-protected works without obtaining permission may be acceptable if:

1. there is a specific exception in copyright law that covers the intended use/reproduction;
2. the College has purchased a license agreement that includes permission to use/reproduce the copyright-protected work in an educational context;
3. the work has an open license (e.g. Creative Commons license) that specifies how it may be used/reproduced.

V. Copyright Law Exceptions

There are specific exceptions built into the Copyright Act that allow for the use and reproduction of copyright-protected works without obtaining permission. These exceptions are meant to balance the exclusive rights of the copyright owners with the public's interest in dissemination of information. The exceptions that most commonly apply to educational purposes are briefly outlined below.

1. A. Fair Use (17 U.S.C. § 107)
   Section 107 allows for the reproduction or use of copyright-protected works “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." To determine whether the fair use exception applies, these four factors must be considered:
   1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
   2. the nature of the copyrighted work;
   3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
   4. the effect of the use upon the potential market for or value of the copyrighted work.
2. Reproduction by Libraries and Archives (17 U.S.C. § 108)
   Section 108 allows libraries/archives that are open to the public to reproduce copyright-protected works for the purposes of preservation and interlibrary loan, provided that the reproductions are made without any purpose of direct or indirect commercial advantage; and include a notice of copyright. (There are additional rules depending on purpose, format, etc.)
   
   Section 108 also allows library users to make unsupervised reproductions of copyright-protected works for personal research use, provided that the reproducing equipment displays a notice that the making of a copy may be subject to the copyright law.
3. Performances and Displays in Face-to-face Teaching (17 U.S.C. § 110(1))
   Section 110(1) allows instructors or pupils at nonprofit educational institutions to perform/display copyright-protected works in the course of face-to-face teaching activities provided that:
   1. the performance/display takes place in a classroom or similar place devoted to instruction; and
   2. in the case of a motion picture or other audiovisual work, the performance/display is by means of a lawfully made copy.
4. Performances and Displays in Online Teaching (17 U.S.C. § 110(2))
   Section 110(2) is commonly referred to as the TEACH Act, which stands for the Technology, Education, and Copyright Harmonization Act. The TEACH Act extends exceptions for the performance/display of certain copyright-protected works to online, digital, distance education offered by accredited nonprofit educational institutions or governmental bodies.
   
   Specifically, it authorizes the “performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session,” provided that:
   1. the works are used under the supervision of an instructor as part of a “class session” offered as part of systematic mediated instructional activities;
   2. the works are directly related and of material assistance to the teaching content; and
   3. to the extent technologically feasible, the transmission and reception is limited to students officially enrolled in the course.

   Additionally, for this exception to apply, the nonprofit educational institution must:

   1. institute policies regarding copyright;
   2. provide accurate information about copyright laws to faculty, staff, and students;
   3. promote compliance with copyright laws;
   4. provide notice to students that course materials may be protected by copyright;
   5. apply technological measures that reasonably prevent retention in accessible form for longer than a “class session,” and prevent unauthorized further dissemination; and
   6. not interfere with technological measures put in place by copyright owners that prevent retention and dissemination.

   Specific exclusions to this exception include:

   1. works that are “produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital network”; and
   2. Performances/displays by means of unlawfully made copies.

VI. Student Work

It is important to remember that students own the copyright to the academic works they create. Most teaching-related uses of student work fall within the Fair Use exception, but as a courtesy, faculty/staff should ask for permission to use student work. When the use does not fall within the Fair Use exception, formal permission must be obtained. (If a student is a minor, the parent or guardian should be contacted.) When obtaining permission, be clear about how the work is going to be used (i.e. print copy, digital copy, distributed in class, published on a website) and how long it will be used. Documentation of permissions granted should be retained. As appropriate, students should have the opportunity to request that identifying information be removed or that works be used with proper attribution.

VII. Due Process

Copyright violations may subject the violating party to civil remedies and criminal penalties as defined in the Copyright Act. Under the law, both individuals and Southeastern Community College are liable for copyright infringement. Individuals who disregard copyright law put themselves legally and financially at risk.

Due process activities which are criminal under federal, state, or local law will be reported to the appropriate authorities. Serious or repeated infractions of this guideline by employees may result in disciplinary action to include possible termination of employment. Student infractions will be referred to the appropriate Dean/Vice President for action under the College's Judicial Codes and Appeals, and may include any sanctions listed in the Judicial Codes and Appeals including possible expulsion from the College.

VIII. Copyright Contacts at SCC

Julie Meyer – Librarian Keokuk Campus
email: jmeyer@scciowa.edu
phone: 319-313-1961

Randall Moffett – History Instructor
email: rmoffett@scciowa.edu
phone: 319-208-5231