Copyright
UNIVERSITY POLICY STATEMENT
Eastern Michigan University respects the legal
right of ownership of intellectual property in all
media. Educational use of such property must
be performed within the bounds of copyright law. It
is the policy of Eastern Michigan University to
adhere to the provisions of United States copyright
laws, the copyright laws of other countries and
copyright licensing arrangements and contracts. This
policy is intended to apply broadly to all faculty,
administrators, staff, students and any other persons
involved in using copyrighted materials in pursuit
of University business or activities, or using University
facilities, equipment or materials. The University
does not support unauthorized duplication in any
form. Faculty, administrators, staff, students
and others engaged in University related activities,
who violate the University’s copyright policy
and/or the law, do so at their own risk, assume
all liability for such violations and may be subject
to disciplinary action.
UNIVERSITY PRACTICE
All faculty, administrators, staff, students and
others engaged in University-related activities
or using University facilities, equipment or materials,
shall comply with copyright laws by obtaining permission,
when necessary, from the appropriate person or entity,
or when allowed, by adhering to the requirements
of fair use and other exemptions provided by law.
Fair Use
The Fair Use doctrine, 17 United States Code §§ 107
and 108, provides for limited use of copyrighted
materials for educational and research purposes
without obtaining permission from work’s owner. Section
107 of 17 U.S.C. states:
§ 107. Limitations on exclusive rights:
Fair Use
Notwithstanding the provisions of sections 106
[covering exclusive rights in copyrighted works],
and 106A [concerning the rights of certain authors
for attribution and integrity], the fair use of
a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means
specified by that section, for purposes such as
criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright. In
determining whether the use made of a work in any
particular case is a fair use the factors to be
considered shall include—
- the purpose and character of the
use, including whether such use is
of a commercial nature or is for nonprofit
educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of
the portion used in relation to the
copyrighted work as a whole; and
- the effect of the use upon the potential
market for or value of the copyrighted
work.
The fact that a work is unpublished shall not itself
bar a finding of fair use if such finding is made
upon consideration of all the above factors.
The University’s Office of Legal Affairs
should be consulted whenever there are questions
regarding whether the “Fair Use” doctrine
is applicable.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
The president of the University shall designate
the person to act as the agent to receive notices
of infringement under the Digital Millennium Copyright
Act. The designation and the required agent
contact information shall be published on the University
Web site and registered with the United States Copyright
Act as provided by law. The notice published
on the University Web site shall include a summary
of the requirements for a valid infringement claim
as provided in the DMCA.
Procedures under the authority of this policy shall
be defined and implemented to comply with the provisions
of the DMCA.
TECHNOLOGY, EDUCATION AND COPYRIGHT HARMONIZATION
(TEACH) ACT AND DISTANCE EDUCATION
It is the intention of the University to comply
with the provisions of the Technology, Education
and Copyright Harmonization Act, the TEACH act of
November 2, 2002 amending §110 of Title 17
U.S.C.
Procedures under the authority of this policy shall
be defined and implemented:
- Provide copyright informational
materials to accurately describe and
promote compliance with the copyright
laws of the United States. These
materials shall be provided to faculty,
administrators, staff and students. The
materials may be printed or online,
or both.
- Provide notice to students in addition
to notices in general informational
material that materials used in a
given course may be subject to copyright
protection. The notice shall
be given in the distribution materials
for a course, and on or within online
portions of a course, such as a Web
site used in distance education.
- Regulate the electronic distribution
and transmission of the content of
course materials to only those students
officially enrolled in the course
for which transmission is made.
RESPONSIBILITY FOR IMPLEMENTATION
The Executive Director of University Marketing
and Communications, the Executive Director
of Information and Communications Technology (CIO)
and the University Librarian are responsible for
causing the implementation and administration of
this policy. Those administrators
shall cause the creation of appropriate
procedures and guidelines to meet the requirements
of the DMCA, TEACH Act, and other applicable laws,
and for public copyright warning notices on and
at appropriate devices and places, as well as procedures
for dealing with the use of copyrighted materials:
- in printed, audio, video, digital
and other media in the classroom or
otherwise, and
- on University Web sites, servers
or other devices distributing electronic
files, and
- in digital materials, audio, video,
writings, images and other materials
or documents distributed electronically
through online course content tools,
or otherwise, and
- for all other relevant uses, except
- the University Librarian shall be
the authority for determining copyright
exemptions and permissions for library
and archive copying and reproduction
activities, including library photocopying
activities, e-Reserves and the online
and other activities of the library.
SCOPE OF POLICY COVERAGE
This policy is intended to apply broadly to all
persons including, without limitation, faculty,
administrators, staff, students and any other persons
involved in using copyrighted materials in pursuit
of University business or activities, or using University
facilities, equipment or materials.
| Authority
for Creation or Revision: |
| Minutes
of the Board of Regents: June 21, 2005, para.
.6450M. |
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