Copyright & Fair Use Policy
The purpose of this policy is to assist members of the Alvernia Community in meeting research and teaching needs in accordance with a good-faith understanding of the principles of copyright and fair use.
The purpose of this policy is to assist members of the Alvernia Community in meeting research and teaching needs in accordance with a good-faith understanding of the principles of copyright and fair use.
Copyright is the group of fundamental rights given to the creators of “original works of authorship” that are “fixed in any tangible medium of expression.” These mediums include, but are not limited to: print, video, DVD, sound recordings, computer disks, and Internet communications. The rights of the copyright owner include:
Copyright infringement occurs when anybody other than the copyright owner exercises any of these rights without permission.
Under today’s law it is not necessary to register a work with the U.S. Copyright Office in order to receive copyright. Just because you do not see a copyright notice, it is not safe to assume that a work is not subject to copyright. Generally, all tangible and original works are protected by copyright. The exceptions are:
Fair use allows for the use of copyrighted materials, within certain limitations, for purposes such as “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” The law does not clearly delineate the boundaries of fair use. Instead, the law provides four factors, each of which must be weighed equally in order to determine fair use:
Fair use usually only applies to instructional use, such as in the classroom or the library. University activities such as extra-curricular clubs and organizations, the yearbook, or musical and dramatic presentations usually fall outside the umbrella of fair use. However, even in instructional use, all four factors must be considered in order to determine fair use.
The primary responsibility for copyright decisions lies with the individual who is responsible for overseeing the relevant project or activity. Faculty are responsible for ensuring student compliance with copyright law in classroom research and activities. The Library Director oversees copyright compliance in library-related matters. Student Services is responsible for overseeing copyright compliance in extra-curricular activities. Questions on copyright issues may be referred to the Copyright Committee.
The Copyright Committee drafts copyright policy, acts as an information resource, and advises on possible copyright violations. The Copyright Committee does not dispense legal advice or act as a policing agent.
Copyright law rarely offers a definitive application of fair use for any specific situation. Therefore, fair use depends on a case-by-case reasonable and responsible application of each of the four factors. Educational purpose weighs in favor of, but does not guarantee, fair use. Congressional committees have established “safe harbor” guidelines for fair use exemptions for institutions of higher education. However, these guidelines are not law. They represent minimal permissible conduct under which fair use can be applied. While many consider these guidelines to be too restrictive, they define the limits within which we can be sure of complying with copyright law. These guidelines include:
(Adapted from the Agreement on Guidelines for Classroom Copying)
A single copy can be made of the following:
Multiple copies (not to exceed one copy per student in a course) may be made for classroom use, provided that the copying does not have a significant detrimental impact on the market for the copyrighted work. Classroom copying should meet the standards of brevity, spontaneity, and cumulative effect.
For a complete explanation of brevity, spontaneity, and cumulative effect see Agreement on Guidelines for Classroom Copying.
Instructors wishing to make copies that fall outside of fair use have several options:
Legitimate (legally produced) copies of videos may be shown in the classroom as part of face-to-face instruction. The classroom must be restricted to only the educators and the students. See below for extra-curricular use of videos.
Off-air recordings may be used once by instructors within the course of relevant teaching activities. The program must be viewed within 10 school-days of the recording. PBS has negotiated extended taping rights for many of its programs. For complete instructions on off-air recordings see Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes.
Both faculty and students can incorporate brief portions of lawfully acquired copyrighted works into multimedia presentations. Generally, up to 10% of the work may be used. In the case of graphics, illustrations or photographs you may use no more than 5 images from one artist or photographer and no more than 10% of the images from a collection.
Faculty may use the multimedia presentations for:
Students may use multimedia presentations for:
Projects used for commercial or noneducational purposes fall outside of fair use. The fair use of copyrighted material in multimedia projects lasts for two years only. Permission must be obtained to use the projects beyond the two years. For complete guidelines on the use of copyrighted materials in multimedia projects see Fair Use Guidelines For Educational Multimedia.
Materials found on the Internet are subject to copyright law in the same way that other media are. See the Fair Use Guidelines For Educational Multimedia. A work does not need to be published or have an attached copyright notice in order to be protected under copyright law. While no specific guidelines have been developed governing use of materials found on the Internet, the principles of fair use must be followed.
Because of United States involvement in international copyright agreements, some works published or created outside the United States may be used within the United States subject to United States Copyright Law.
For complete guidelines see Guidelines for Educational Uses of Music.
Materials placed on reserve will be for non-commercial, educational use by the students. Reserve items should not replace the purchase of textbooks or other course material. Instructors should limit the reserve copy to a small portion of the entire work. The following items are considered to be within fair use:
When possible, the materials used for reserve will be purchased or licensed by the library.
As a rule, single articles or short book excerpts may be placed on reserve on Blackboard with the understanding that access to the Blackboard course is restricted to only those enrolled in the course and the material is not intended to be used more than one semester. For more information see Using Electronic Reserves: Guidelines and Best Practices for Copyright Compliance.
The vast majority of these products are available to Alvernia under the terms of license agreements. These contracts determine how each electronic journal or database can be used. License terms override copyright law where they differ. Generally, it is acceptable to use one article per issue and to put it on electronic reserve for only one semester. Using more than one article per issue, or using an article for more than one semester, would require permission from the publisher. Linking to a database or an e-journal from a course page is generally allowed and is the recommended method for providing online information content. EbscoHost, JStor and others of our licensed databases often provide a “persistent link” or a “stable URL” which you may copy and paste onto your course page which will allow the student to access the article directly.
Saving the content (even a single article) from a database or an e-journal and reposting it in an open access (i.e. non-password-controlled) environment which can be accessed by those not in the class is prohibited. Reposting even in a password controlled environment may or may not be allowed. Contact the Library Director to help you determine whether the e-journal or database from which you wish to post content allows it.
Decisions on copyright and fair use rest with the individual responsible for the relevant activity. In this case, it is the instructor. However, the library reserves the right not to place an item on reserve if they judge that the nature, scope, or extent of the copied material is beyond the reasonable limits of fair use. In order to make this determination, full bibliographic information (author, title, journal title or book publisher, and date) must accompany the reserve request.
Libraries are given special rights other than fair use. These rights are described in Section 108 of the Copyright Law.
The library is not responsible for any copyright infringement provided that a notice is displayed informing users that copying is subjected to copyright law.
See CONTU Guidelines for Interlibrary Loan Photocopying.
Copies for interlibrary loan become the property of the individual patron and fall under the same rules as other copies for research purposes. In addition:
In general fair use does not apply to computer software because:
Unless the software is copy-protected, you may make a single copy as necessary to use the software on the computer for which it is licensed. You may also keep one copy of the software for backup purposes. However, the Digital Millennium Copyright Act makes it illegal to circumvent any technological protection measures, even if the purpose falls under fair use.
You may not make copies of software that is owned by the university. Check with Information Technology to inquire about the availability of particular software and the licensing restrictions that apply.
As outlined in the Alvernia University Copyright & Fair Use Policy, students, faculty and staff are expected to comply with copyright laws. Be aware that legal actions have been taken against individuals using university networks for unlawful purposes and that the university will not protect you from such action
It is not legal to download or share copyrighted material, including music or video files, for which you do not hold the copyright. Please see the Alvernia University Annual Copyright Disclosure to Students.
Unless video recordings are sold or rented with public performance rights or licensed for public performance, they should be considered “home-use only,” defined as a showing in a private residence that is restricted to a “normal circle of family and its social acquaintances.” Viewing a video in a dorm room with a few friends is considered to be home-use. Anything in excess of this, including viewing by a club or other organization requires permission from the copyright holder.
The only exception to this is instructional use in the classroom.
Public performance rights may be purchased from the copyright holder or the distributor, if the distributor has authority from the copyright holder to grant public performance rights. For assistance in obtaining public performance rights, contact The Office of Student Activities.
For more information see Getting Permission.
The rights for most plays and musicals are held by play publishing houses. Be aware that some plays or musicals are restricted and may not be available for production. For assistance in obtaining rights or for guidance in performing a play or musical, contact the Theatre Program. For more information see Obtaining Rights to Produce a Play or Musical or Use Music in a Live Performance.
To confirm rights to perform music in a live performance on campus, contact The Office of Student Activities. For more information see Obtaining Rights to Produce a Play or Musical or Use Music in a Live Performance.
For on campus performance rights information, contact The Office of Student Activities. For more information, contact the record company and the publisher. Publisher information can be found at either ASCAP (American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.), or SESAC (Society of European Stage Actors & Composers).
For on campus performance of a song live, contact The Office of Student Activities for information. For more information, contact the composer/lyricist’s representative and the publisher. Contact information is available at either ASCAP (American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.), or SESAC (Society of European Stage Actors & Composers).