JOHN CARROLL UNIVERSITY

Policy on the Use of Copyrighted Works
and
Policy on the Creation and Management of Copyrighted Works

 

 

Introduction

May you make copies, download, transfer someone else’s article, book, or website without the permission of the owner of the work? If you make copies, or download or transfer someone’s work without getting the right permission, will you be personally liable for infringing a copyright? Who "owns" materials you, our students, or a JCU office creates for use in a JCU course, program, research project, or administrative project or plan? If you are not sure of the answers to these questions, read further:

This document sets forth policies on the use of others’ works by John Carroll University faculty, administrators, staff, and students. In addition, it addresses the management of copyrighted works created by JCU faculty, administrators, staff, and students. These policies are designed to (a) provide JCU community members with guidance about the use of copyrighted works; (b) protect the author’s and the university’s interests in works created by JCU community members; and (c) educate the entire university community about copyright laws and rules.

THE USE OF COPYRIGHTED WORKS

What does copyright law protect?

Federal copyright law protects "original works of authorship fixed in any tangible medium of expression." (17 U.S.C. 101 et seq., the Copyright Act). Virtually anything can be copyrighted as long as it is the original expression of an author. Literary works (e.g., books, articles, including electronic writings), musical works (e.g., recorded music or songs), pictorial, graphic, and sculptural works (e.g., paintings, CAD drawings, statues), motion pictures and other audio-visual works are examples of works protected under the copyright law.

A copyright holder owns certain exclusive rights under the law, among which are the rights to

Are there any exceptions to the exclusive rights granted to copyright holders? And, as a nonprofit educational institution, isn’t JCU allowed to freely copy works?

Even though the exclusive rights are broad and comprehensive, the law also provides for limited exemptions from liability for infringement. All members of the JCU community should understand the nature of and limits to these exceptions.

Fair Use - Section 107 of the Copyright Act allows for the "fair use" of a copyrighted work for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research without liability for copyright infringement. Please note: An educational purpose alone does not make an otherwise infringing use "fair." Section 107 requires that four factors be considered by anyone claiming "fair use" of another’s work:

  1. the purpose and character of the proposed use, including whether such use is for commercial or nonprofit educational purposes
  2. the nature of the original work
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
  4. the effect of the use upon the potential market for or value of the copyrighted work

How do I decide whether my proposed copying is an educational "fair use"?

Because many people found the statutory factors somewhat ambiguous, various groups gathered to come up with relatively simple fair use guidelines on:

These guidelines are more restrictive than the statutory standards, but considerably easier to apply. In essence, adhering to the fair use guidelines makes it more likely that the use is "fair" and therefore, protected. If a particular use cannot be considered "fair" under the statutory factors and/or the guidelines --- or if you just can’t tell – then permission to use should be sought from the copyright holder.

What does JCU’s Copy Center need to duplicate printed materials?

JCU’s copy center will not copy materials unless the JCU community member certifies in writing that the requested copying can be considered "fair use" or permission to copy is submitted with the materials. Anyone asserting "fair use" should consider the statutory factors or the guidelines noted above. In general, under the guidelines, if there is time to seek permission (i.e., the use is nonspontaneous) to use the materials, permission should be sought. The copy center may refuse to accept a copying order if, in its judgment, fulfillment of the order would involve a violation of copyright law.

How do I get permission to use copyrighted materials? What will JCU’s bookstore do to help me get permission to copy materials for coursepaks?

JCU community members may seek permission to copy materials by contacting the publisher(s) directly. Also, the Copyright Clearance Center (http://www.copyright.com/) is an online resource through which permissions for a variety of materials can be secured.

Given enough lead time, JCU’s bookstore will assist the JCU community to secure appropriate permissions to use materials for classroom distribution and/or sale. The bookstore and the copy center comply with all applicable copyright laws and rules. All JCU community members are expected to comply with these laws and rules as well. Please note: Members of the JCU community who ignore these policies and procedures do so at their own risk; under copyright law, individuals may be personally liable for copyright infringement. The university may not defend JCU community members who willingly fail to comply.

What do I need to do to seek coursepak and other material copyright permissions assistance from JCU’s bookstore? What will JCU’s bookstore do to help me?

Grasselli Library
Reserve Room Policies

Printed Material

May I place a book or an article or copies of either on Course Reserve at the library?

JCU instructors are responsible for compliance with copyright law when placing printed materials on Course Reserve. They may place a book of their own or one from the library collection on Course Reserve as often as they need without violating copyright laws. Copyright becomes an issue when materials are reproduced for Course Reserves.

First-time Course Reserve placement of a photocopy of an article or a part of a book is generally considered fair use. Repeated use of the same copied article or photocopy of a part of a book (even a book that is in JCU’s collection) by the same instructor (even if for different courses) would require permission from the copyright holder for each copy or photocopy. Library policy limits photocopies to no more than one photocopy per ten students, not to exceed five copies. Every copy must bear a notice of copyright on the first page of the photocopy. Instructors may seek permission themselves or request permission through the bookstore. See "How do I get permission to use copyrighted materials?"

Library staff may refuse to list material for Course Reserve if they deem either that "fair use" guidelines or library policy has not been met.

Additional Practical Q & A Concerning Printed Material

May I keep a copy of an article I like to use for my intro course on "permanent" reserve?

No. After a first-time fair use, a copy or copies put on Course Reserve must be accompanied by a copyright permission slip and carry a notice of copyright on the first page. New permission slips and copies must be submitted each term the copy is used.

There is a chapter of a book JCU owns that I use every year. May I put the original and several copies on Course Reserve?

You may put the original on Course Reserve as many times as you want. If you put any photocopies on Course Reserve more than once, each copy must be accompanied by a copyright permission slip and carry a notice of copyright on the first page. New permission slips and copies must be submitted each term the copy is used.

There is an article I’d like to use for a 300 level course but I put it on Course Reserve for my intro course last term. Can this be considered "fair use" since it is the first time I’ve used it for this course?

No, if you have used the article before you must get permission to use it again regardless of the course in which it is used.

Videos

May I place a video recording on Course Reserve at the library?

Videocassettes which are owned by the university or which are the personal property of the instructor may be placed on Course Reserve. Copies of videos may only be placed on Course Reserve when the permission of the copyright holder accompanies it. Permission requests should be made through the Associate Manager of the Bookstore or through the (Motion Picture Licensing Corporation) MPLC (http://www.mplc.com/)

There is a video I want all my students to see but I don’t want to take up a class period to show it. Can I put this video on Course Reserve?

Yes, as long as the video is owned by the university or the instructor this video fits the purpose of Course Reserve nicely. Put it on reserve; it will be available for students to watch on their own. If it is a copy of a video, permission of the copyright holder must be sought before putting it on course reserve.

Sound Recordings

May I place a sound recording on Course Reserve at the library?

Sound recordings which are owned by the university or which are the personal property of the instructor may be placed on Course Reserve. Copies of sound recordings must be accompanied by a permission sheet which will be kept on file while the recording is on Reserve.

Slides

May I place slides on Course Reserve at the library?

Purchased original copyrighted slides may be put on Course Reserve. Copies of slides must be accompanied by permission from the publisher or copyright holder. Instructors should contact the publisher to get permission to copy original slides. In some cases, the owner of the artwork must be contacted for permission.

Computer Files

May I place computer files on Course Reserve at the library?

Instructors may place on Course Reserve computer files which are university owned or which are the personal property of the instructor. The instructor should bring the item to the Circulation desk at least one week in advance of the time it will be needed for student use. For computer files which are the personal property of the instructor, a copy of the license agreement must accompany the software.

Electronic Reserves

May I place material on Electronic Reserve at the library?

Electronic material may be placed on reserve as long as the instructor or JCU possesses a lawfully obtained product and any applicable license does not restrict such a library reserve use. If a notice of copyright appears on a work included in electronic reserves, that notice must appear in a prominent place on the electronic file.

Access to electronic reserve material may need to be limited to students enrolled in the class on an as needed basis. Repeated use of electronic format for Course Reserve material should be accompanied by permission of the publisher or copyright holder.

In many of its electronic databases, JCU has licensed the right to use the material on reserve. Some material is accessible via an active link; other databases require that a printed copy of the electronic text be used instead. [Please refer to Limits and Permissions off the Electronic Databases link on the Library homepage (www.library.jcu.edu) Call Ruth Connell with questions (x1635)]

Guidelines for Educational Use of Film and Video

May I show a film or video to my students?

Films and videos, including those licensed for home viewing, may be shown by a nonprofit educational institution without permission of the copyright holder if the film or video:

May I make a copy of a video?

Videos may be copied only after obtaining permission of the copyright holder.

May I broadcast videos over the JCU cable TV system so that my students can watch assigned videos in their dorm rooms?

Permission of the copyright holder must be obtained before broadcasting.

May I place a video on reserve at the university library for students to watch?

Yes, if the videos are owned by the university or an individual instructor. Individual students or small groups of students in your course may view videos that are part of your curriculum.

May I place a video on reserve at a media center (e.g. Language Learning Center) for students to watch?

Yes, if the videos are owned by the university or the individual instructor. Individual students or small groups of students in your course may view videos that are part of your curriculum.

May I record a TV broadcast and show it later in my classroom?

Yes, but there are restrictions. The recorded video must meet the criteria listed under "May I show a film or video to my students?" In addition, the video must be shown to students within ten consecutive school days of recording. Furthermore, the video may be shown only once to a class (it is permissible to show the video to more than one class). The video may be retained for 45 days, during which time the instructor may review it. After the 45-day retention period, the recording must be erased or destroyed.

May I show a video as part of a campus film series?

No, unless permission of the copyright holder has been secured before displaying.

May I show a video to a group visiting campus or enrolled in a special program on campus?

No, unless permission of the copyright holder has been obtained before displaying.

Can we show a video as one of the events at an open house?

No, unless permission of the copyright holder has been obtained before displaying.

Can we convert video from tape to a digital format and stream it on demand from a video server?

Permission of the copyright holder must be obtained prior to conversion.

Can we convert video from tape to a digital format and store it on local drives of computers in a lab?

Permission of the copyright holder must be obtained prior to conversion.

Special Questions: Web Sites/Internet Links/CD ROMs/"Creating" Web Pages

May I link my web page to other internet sites without first getting permission?

Although electronic material on the internet is also subject to copyright law, in general, however, it is not necessary to seek permission to merely link to another web site. Users should be aware of the linked site’s limitations on the use of its materials. And, of course, given JCU’s mission, educational purposes, and server resources, only relevant links should be provided.

May I copy or download text, data, images, tables, graphs, etc. from someone else’s web site directly into my web pages without permission?

It depends! Electronic material on the internet is entitled to the protections of copyright law, even if no copyright notice is posted. Unless the material is in the public domain or the proposed use can be considered "fair use," permission to copy, download, etc. should be sought from the copyright holder.

How do I know what’s fair use of web materials?

At one end of the spectrum, the spontaneous and restricted (e.g., to students enrolled in a class) use of small portions of a work for a limited time for a nonprofit educational purpose will likely be a fair use. (Always identify the source of the material, even if the author is unknown.) At the other end of the spectrum, copying all or a substantial part of a work, (not by way of a link) will not likely qualify as a fair use; and permission should be sought. Please note: Under the Digital Millennium Copyright Act, (DMCA) JCU must investigate allegations of copyright infringement brought to its attention by copyright holders. Furthermore, in order to take advantage of the protections granted under the DMCA, JCU must terminate the computer use privileges of any member of the community determined to be a repeat infringer.

Under no circumstances will a commercial use of materials be considered a "fair use." If a JCU community member intends to create a work and distribute it beyond an internal educational purpose (e.g., for sale) using others copyrighted material, permission must be sought.

How do I get permission to use web-based materials?

Most websites will offer a way to contact a site administrator or other office for copyright permissions. When seeking permission, see the Request Form: Academic Permissions Service form used by the bookstore for the kind of information that should be conveyed to the copyright holder. Save a copy of any e-mail correspondence requesting permission and any returned permissions granted.

May I copy or link to material that has been provided to me on CD ROMs?

The use of these materials depends largely upon the nature of the license that comes with the CD ROM. Most licenses will deal with web publication, but if not, the matter could be resolved by an exchange of letters between the proposed web "publisher" and the CD ROM publishers. Permission to publish on the web is less likely where the CD ROM publisher is counting on sales to those most likely to access a course site, the students. If the seller is convinced that web publication will depress sales, the only resolution may be the purchase of web publication rights. If the materials relate to books adopted for class use, the publisher may be more disposed to permit web publication, and may even have marketed the text in part on support material being available for internet use. Publishers whose books and other material are not being purchased by students for the course in question (or the web publisher for use on the site) will be less disposed to permit free use of their material, but one can always inquire.

What do I need to know about the Digital Millennium Copyright Act of 1998 (DMCA)?

The potential for on-line copyright infringement, both intentional and inadvertent, has increased with the proliferation of computer use and the ability to copy, download, post and/or link to on-line materials. John Carroll University is especially concerned about its liability for such infringing activities. Consistent with the DMCA, John Carroll University will terminate the computer privileges of any JCU community member determined to be a repeat infringer with respect to online copyright infringement.

Complaints concerning online infringement of copyrights should be addressed to:

Joanne Gross, OSU
General Counsel
John Carroll University
20700 North Park Blvd.
University Heights, OH 44118
216-397-4563

 

For additional information concerning copyright:

The University of Texas System Crash Course on Copyright
http://www.utsystem.edu/ogc/IntellectualProperty/

United States Copyright Office (The Library of Congress)
http://www.loc.gov/copyright/

The Copyright Clearance Center additional resources
http://www.copyright.com/Resources/default.html