Copyright Information

What is Copyright? (Obtained from http://www.copyright.gov/circs/circ1.html)

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

Additionally, the Copyright and Fair Use policy adopted by Utah Career College includes policies included in the TEACH Act. Signed by President Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization(TEACH) Actis the product of discussion and negotiation among academic institutions, publishers, library organizations and Congress. It offers many improvements over previous regulations, specifically sections 110(2) and 112(f ) of the U.S. Copyright Act. The TEACH Act seeks to balance the perspectives of both copyright owners and content users, and provide guidance for today’s academic institutions. A copy of the TEACH Act can be obtained at the following web site: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_bills&docid=f:s487es.txt.pdf

What works are protected by copyright law? (Obtained from http://www.uspto.gov/smallbusiness/copyrights/faq.html)

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

What is not covered by copyright law? (Obtained from http://www.copyright.gov/circs/circ1.html)

Several categories of material are generally not eligible for federal copyright protection. These include among others:

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Policies for Instructors

Instructors are expected to follow the copyright policy as indicated below.

Fair use of copyrighted work is defined in the Copyright Act of 1976 (17 USC 107):

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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.

If the following three criteria are observed, the instructor may:

Make a single copy for research or class preparation of a chapter of a book, a short story, short essay or short poem, or a chart, graph, diagram, drawing, cartoon or picture from a book periodical or newspaper.
Make multiple copies, not to exceed one per student in the course, for classroom use or discussion, within the following limits:
- (Spontaneity)
  - the teacher decides to make the copies at the instance and inspiration of the individual teacher, and 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.
- (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.
  - (ii) 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 'i' and 'ii' above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.
  - (iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
  - (iv) '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 'ii' 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.
- (Cumulative effect)
  - (i) The copying of the material is for only one course in the school in which the copies are made.
  - (ii) 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.
  - (iii) There shall not be more than nine instances of such multiple copying for one course during one class term.
  - The limitations stated in 'ii' and 'iii' above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

The instructor may not:

Make copies to create or substitute for anthologies or other collective works (course packs)
Make copies to substitute for the purchase of books, publishers' reprints, or periodicals;
Make copies from consumable materials such as workbooks, exercises, standardized tests or test booklets;
Make copies at the direction of higher authority;
Make repeated copies of the same item from term to term.
Charge a student beyond the actual cost of the photocopying

Policies 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 Section 107 of HR 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines. Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

A. Permissible Uses

1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.

2. 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 performance unit such as a selection, movement or aria, but in no case more than 10% of the whole work. The number of copies shall not exceed one copy per pupil.

(b) For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) that is, (1) confirmed by the copyright proprietor to be out of print or (2) unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his or her scholarly research or in preparation to teach a class.

3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.

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

5. A single copy of a sound recording (such as a tape, disc or cassette) or copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

B. Prohibitions

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

2. Copying of or from works intended to be 'consumable' in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.

3. Copying for the purpose of performance, except as in A(1) above.

4. Copying for the purpose of substituting for the purchase of music, except as in A(1) and A(2) above.

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

Additional information on the Copyright guidelines of using music for educational purposes can be found in the House Report found at http://ipmall.info/hosted_resources/lipa/copyrights/HouseReportCopyrightAct19761.pdf

Policies for off-air taping of audiovisual works and/or the taping of TV programs

The following excerpts are reprinted from the House Report on piracy and counterfeiting amendments (H.R. 97-495, pages 8-9).

1. The guidelines were developed to apply only to off-air recording by non-profit educational institutions. However, due to being an educational institution, Utah Career College has adopted these guidelines as part of its policy.

2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable transmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all offair 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 teachers 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 ten (10) consecutive school days in the forty-five (45) day calendar day retention period. “School days” are school session days—not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions—within the forty-five (45) calendar day retention period.

4. Off-air recordings may be made only at the request of, and used by, individual teachers, 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 teacher, 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 teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

6. After the first ten (10) consecutive school days, offair recording may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., 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. Deans of Faculty at each campus will monitor these guidelines for their specific campus.

Policies for Showing Videos or Films in the Classroom

Additional information can be found in the TEACH Act, Section 110(1) and Section 110(2)

An instructor may show or perform any work related to the curriculum, regardless of the medium, face-to-face in the classroom including videos or films. An instructor may not copy a video or film for a student.

It is not permitted to make an electronic copy of a video or film available to students, including in the distance education environment, as it would have a negative effect on the market for the film. If the video or film is available on a website or if the film or video is available to the public, the student may be directed to the location in which they may find the film.

Utah Career College may not show a video or film in a place that is open to the public. It must be used for educational purposes only.

Policies for Using Information from Web Sites in Course Packs

Materials on the web have the same copyright protection as other materials. Copyright infringement occurs when the material is copied or downloaded from the site. The same guidelines with respect to fair use of other materials apply to those materials on the internet. If instructors want to print material from a web site and use the material from quarter to quarter, permission must be obtained.

An alternative to printing information from a web site and handing it out to students would be to refer the students directly to the source.

Policies for Library Services

Additional information on the Copyright guidelines of Library Services can be found in Section 108 of the Copyright Act.

A. Provisions for Fair Use

1) Library Reserve Use

To supplement teaching, the faculty member may photocopy and place on reserve in the Library one copy of excerpts from copyrighted works;
It is the responsibility of the faculty member to obtain permission;
Multiple copies must bear permission from the copyright owner, or must meet the following guidelines:
The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level;
The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material;
The material should contain a notice of copyright;
The effect of photocopying the material should not be detrimental to the market for the work;
The copying is for only one course during the quarter and will not be repeated during any future quarters;
Consumable works such as standardized tests, exercises, and workbooks may not be photocopied unless permission from the copyright owner is received;
All photocopies must bear in a prominent place the following notice:

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NOTICE: This material may be protected by copyright law (Title 17 U.S. Code)

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The Library reserves the right to refuse to photocopy or hold such material on reserve when it appears that by doing so it would be in violation of the copyright law.

2) Inter-Library Loan Policies

Section 108(d) of the Copyright Law authorizes the making of a single copy of a single article or a copy of a small part of a copyrighted work for purposes of interlibrary loan provided the following conditions are met:

The copy becomes the property of the user;
The Library has no notice that the copy would be used for any purpose other than private study, scholarship or research;
The Library both displays prominently at the place copying is done by users or where copying requests are accepted and on its order form the following warning of copyright:

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NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS

The Copyright law of the United States (Title 17, United States Code) governs the making of photocopies and other reproductions of copyrighted material. Under certain conditions specified in the law, the Library and its users are authorized to furnish or make a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

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Section 108(g)(1) and (2) of the Copyright Law references prohibitions for a library in an industrial profit-making, or proprietary institution. Utah Career College libraries prohibit multiple and systematic copying as outlined in section (g):

(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee —

(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or

(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.

In reference to Section 108(g)(1) and (2), Utah Career College meets the criteria in section 108 including 108(a) and the other requirements of the section. Utah Career College considers that the isolated, spontaneous making of single photocopies by a library or archives in a for-profit organization without any commercial motivation, or participation by such a library or archives in interlibrary arrangements and therefore comes within the scope of section 108.

(Information obtained from the following web site: http://www.copyright.gov/circs/circ21.pdf)

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. Utah Career College reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. Section 108(g)(2) further provides that requests must not be in such aggregate quantities as to substitute for purchase or subscriptions.

The rights of reproduction and distribution granted in Section 108 do not extend to cases where the library is aware or has reason to believe it is engaged in the reproduction or distribution of multiple copies of the same material, whether on one occasion or over a period of time or engages in the systematic reproduction or distribution of single or multiple copies of material where copying is otherwise permitted by Section 108.

3) Copiers and Printers Operated by UCC

Utah Career College is not liable for unsupervised copying or generation of multiple copies on UCC operated copying machines or printers. The individual user remains liable for any infringement of the copyright law.

The following notice shall be posted near copy machines and printers:

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NOTICE: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies or reproductions of copyrighted material. The person using this equipment is liable for any infringement.

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B. Prohibited Copying

The Library is not authorized to make multiple copies of copyrighted material.
The Library is not authorized to make related or concerted reproduction or distribution of multiple copies of copyrighted material.
The Library is not authorized to make systematic reproduction or distribution of single or multiple copies of copyrighted material.

Policies for Online Distance Education

Online distance education instructors will comply with the copyright policies set forth by the Utah Career College which includes those policies that fall under Fair Use and Section 110(2) of the “Technology, Education and Copyright Harmonization Act” (the TEACH Act).

Under the traditions of academic freedom, the instructor is responsible for determining course content and the use of copyrighted works. The performance or display of any materials must be made by, at the direction of, or under the actual supervision of the instructor; the materials are transmitted as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities of the educational institution; and, the copyrighted materials are directly related and of material assistance to the teaching of the content of the transmission.

Performances and displays involving a “digital transmission,” must be in the context of “mediated instructional activities.” The uses of materials in the program must be “an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting.” Utah Career College applies technological measures that reasonable prevent retention of the work in accessi ble form by recipients for longer than the class section and unauthorized further dissemination of the work to others, and does not engage in conduct that could interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.

Fair Use and the Web

All academic uses of material on the Web are not necessarily within fair use. The responsibility for using copyrighted works within an online distance education course remains the responsibility of the online instructor. As a general guideline, instructors should:

Assume that copyright protects all works on the Web.
Keep excerpts from quoted works short using only what is needed to serve the specific educational goals.
Always credit sources of the information used.
Consult with the author of the work regarding guidelines for use.
Ask for permission from the author to use the work when in doubt.

Use of Hypertext Links

The use of hypertext links in an online course that embed electronic access to another Web location also has copyright restrictions. All embedded links to the linked Web site should ensure that it does not contain work with unauthorized copying of a copyrighted work.

Deep linking, the bypassing of a Web sites home page to another page within the site is not a copyright infringement in itself, however when the user cannot clearly tell who created the material or the link deep linking contributes to the unauthorized copying of a copyrighted work. In this situation, the use of a disclaimer or acknowledgement is required. This practice should be avoided especially when the link is to an advertising-rich commercial Web site.

It is not technically a copyright violation to use “framing,” the importing of content from one Web site into another Web site (i.e.: Blackboard course frame) or “inlining,” the pulling of certain elements from a Web site, such as an image, incorporated into another Web site (i.e.: Blackboard course frame).. However, framing and inlining are dangerous practices because they may alter the appearance of the content and create an impression the framer created the content or the owner endorses or chooses to associate with the framer. All links embedded within an online course must take the user out of the Blackboard course frame and directly to the linked Web site page.&nbs