6.10 Reproduction of Copyrighted Materials

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I. Rule

Central Piedmont Community College is devoted to the creation, discovery, and dissemination of knowledge, and supports the responsible, good faith exercise of full fair-use rights by faculty, librarians, and staff in furthering their teaching, research, and service as codified in Title 17 of the Copyright Law of the United States. Furthermore, it is the intent of Central Piedmont Community College to adhere to the provisions of the U.S. Copyright law.

This policy exists to provide guidelines regarding the use of copyrighted materials in College-sponsored instruction, activities, events, publications, and theatrical or musical performances, which must all be in compliance with federal copyright law.

Employees are prohibited from copying materials not specifically allowed by the copyright law, fair use guidelines, licenses or contractual agreements, or other permission. Employees who willfully disregard the copyright guidelines do so at their own risk and assume all liability for their actions.

The Copyright Act directs that the College develop and distribute to employees guidelines that clearly discourage violation of the Copyright Law and inform employees of their rights and responsibilities under this law. These guidelines represent a sincere effort by the College to comply with all applicable laws regarding copyright. Additionally, the College has established a standing Copyright Compliance Steering Committee to assure that the College is adequately positioned to meet the responsibilities of its stated copyright guidelines.

II. Definitions

A. Copyright: The exclusive intellectual property right of the copyright owner to do and to authorize others to exercise any of its rights defined by the Copyright Act with regard to any original work in any tangible medium of expression. Such tangible medium of expression includes and is not limited to text, images, video and audio recordings, and electronic and digital files. Copyright arises automatically as soon as the work is fixed and does not require publication or registration. Copyright notice such as the symbol © or the word “copyright” or an abbreviation of it is not required for copyright protection for a work to exist. Most material fixed in a tangible medium of expression will be subject to copyright protection.

A copyright owner possesses a bundle of rights, including the right to:

1. Reproduce the work

2. Prepare derivative works

3. Distribute copies of the work by sale, transfer of ownership, lease, licensure and so forth

4. Publicly perform the work

5. Publicly display the work, directly or by telecommunication

6. Publicly perform a sound recording by digital means

If a party other than the copyright owner exercises any of these rights without express permission from the copyright owner, the party is in danger of infringing the copyright.

B. Fair Use: Allows for the use of copyrighted works without the owner’s permission, protecting limited use of copyrighted work from being an infringement. The Copyright Act provides that the “fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,  is not an infringement of copyright.” Courts decide fair use by weighing the following four factors:

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 or the value of  the copyrighted work.

Not all educational uses meet the guidelines for fair use. It is important to take into account these factors of fair use and to follow the guidelines presented in this policy and not to assume that because the underlying purpose is non-profit educational use that such will automatically be fair use.

III.  Guidelines for the Reproduction of Copyrighted Material

A. Guidelines for Photocopying Print Materials for Educational Purposes

Copyrighted print materials may not be photocopied without the prior permission of the copyright owner unless the circumstances satisfy the requirements for fair use. The guidelines set forth below are to be used to determine whether or not the prior permission of the copyright owner shall be sought. If the proposed photocopying is not permitted under the guidelines, the permission of the copyright owner shall be sought. After permission has been sought, copying may be undertaken only if permission has been granted and in accordance with the terms of the permission, except as provided in Section III. F. of these regulations.

1. Single Copying for Instructors

A single copy may be made of any of the following by or for an instructor at his or her individual request for his or her scholarly research or for 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 in any event more than one copy per pupil in a course) may be made for classroom use or discussion by or for the teacher of the course provided that:

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

b. Meets the cumulative effect test as defined below and

c. Includes a notice of copyright on each copy

3. Test Definitions:

a. Brevity

1) 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

2) Prose

a) Either a complete article, story, or essay of less than 2,500 words or

b) An excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

[Each of the numerical limits stated in (1) and (2) above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

3) Illustration

One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

4) "Special" works

Certain works in poetry, prose, or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph (2) above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof may be reproduced.

b. Spontaneity

1) The copying is at the instance and inspiration of the individual teacher, and

2) 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 would be unreasonable to expect a timely reply to a request for permission.

c. Cumulative Effect

1) The copying of the material is for only one course in the school in which the copies are made.

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

3) There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in (2) and (3) above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

4. Prohibitions as to 1 and 2 above:

Notwithstanding any of the above, the following shall be prohibited:

a. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts are accumulated or are reproduced and used separately.

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

c. Copying shall not

1) Substitute for the purchase of books, publisher's reprints, or periodicals

2) Be directed by higher authority

3) Be repeated with respect to the same item by the same teacher from term to term

d. No charge shall be made to the student beyond the actual cost of the photocopying.

B. Guidelines for Copying Audio-Visual Materials

Copyrighted audio-visual materials may not be recorded or otherwise copied without the prior permission of the copyright owner unless circumstances satisfy the requirements for fair use or unless copying is permitted by a license or purchase agreement. The guidelines set forth below reflect the application of fair use to the off-air recording, retention, and use of television broadcast programs for education purposes. If the proposed recording or copying of an audio-visual work is not permitted under these guidelines or through a license or purchase agreement, the permission of the copyright owner shall be sought. After permission has been sought, copying may be undertaken only if permission is obtained and in accordance with the terms of the permission, except as provided in Section III. F. of these regulations.

C. Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes

1. The guidelines were developed to apply only 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 non-profit educational institution for a period not to exceed the first 45 consecutive calendar days after the date of recording. Upon conclusion of such retention 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.

3. Off-air recordings may be used once by individual instructors in the course of relevant teaching activities and repeated once only 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 10 consecutive school days in the 45-calendar-day retention period.

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

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

6. After the first 10 consecutive school days, off-air recordings may be used up to the end of the 45 calendar-day retention period only for teacher evaluation purposes (e.g., to determine whether or not to include the broadcast program in the teaching curriculum) and may not be used in the recording institution for student exhibition or any other non-evaluation 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.

9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines. At CPCC, the Copyright Compliance Steering Committee has been charged with this responsibility.

D. Guidelines for Copying Computer Programs

United States copyright law broadly defines a computer program as a “set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result” (Title 17 of the Copyright Law of the United States). Generally the owner of a copyright in a computer program has exclusive rights in the program, including the right to use, reproduce, and create adaptations of the programs. The use, reproduction, or creation of an adaptation of a computer program or its documentation without the permission of the copyright owner is a violation of federal copyright law and could result in monetary and/or criminal liability.

Copyright law allows the purchaser of a computer program to make one backup copy of the program; the backup copy may only be used if the original copy is no longer functional and must be destroyed when rights to use the original copy of the computer program end.

Programs obtained under a licensing agreement are not owned by the licensee and cannot be copied unless copying is authorized in the terms of the agreement.

If the proposed copying of a computer program is not permitted under the criteria set forth above, or through a license or purchase agreement, the permission of the copyright owner shall be sought. After permission has been sought, copying may be undertaken only if permission is obtained and in accordance with the terms of the permission, except as provided in Section III. D. of these regulations.

E. Guidelines for Posting Material on the Internet

Any user of the computer network sponsored by CPCC, including but not limited to, faculty and students may post materials on a website associated with CPCC only if:

1. The user owns the copyright in the material, or

2. The user has express permission from the owner of the copyright of the material to post the material, or

3. The material is in the public domain, or

4. The use of the material constitutes “fair use” as defined by the Copyright Act (for guidelines in Section II B. of this policy), or

5. The material falls within another statutory exception

The doctrine of fair use (see Section III. Guidelines for the Reproduction of Copyrighted Material above) applies for the posting of material on the Internet as it does for the reproduction of print materials. However, because of the accessibility of the Internet, any user of the computer network sponsored by CPCC posting material on a website should limit the amount of material posted and restrict access to the extent possible.

F. Guidelines for Seeking Legal Review

An employee who has sought permission to copy and has not received such permission (or has received permission contingent upon conditions that the employee considers inappropriate) may request the administration to seek legal review of the matter. If upon review it is determined that some or all of the proposed copying is permitted by the copyright law, the administration will so advise the employee. In that event, should any such copying by the employee thereafter give rise to a claim of copyright infringement, the College will defend and indemnify the faculty member against any such claim. In the absence of a determination that an employee has complied with regulations A., B., C., D. E. and F., no defense or indemnification by the College shall be provided to an employee whose copying gives rise to a claim of copyright infringement.

Changes approved by Cabinet on June 1, 2009