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Copyright Policy
Introduction
Introduction: Instructional Use of Copyrighted Materials
The staff members of Information Services support
the basic objectives of Earlham College's policy for use of Intellectual
Property
as stated in Computing
Resources Acceptable Use Policy.
The staff members will follow college policy and U.S.
copyright law related to the use of electronic and multimedia materials.
This includes
the recording, reproducing, storing, and distribution of media-based
instructional materials, such as: audio, video, and multimedia
(combinations of data, text, sounds, and still and moving images
that may also
be modified interactively). All members of the college community
are governed by these regulations.
Members of the college community who engage in any
activity that infringes on copyright law may be subject to disciplinary
action.
Under circumstances involving repeated instances of infringement
through the use of the College’s computing network, such
disciplinary action may include the termination or suspension
of network privileges.
Members who are accused of infringement but who are
also able to demonstrate to the college that they acted based on
a
reasonable application of this policy, Fair Use and copyright
law will
receive support from the college in defending themselves.
Further information about appropriate uses of college
technology may be found at the Computing
Services Web site.
More information regarding copyright may be viewed at the
United States Copyright Office
Web site.
Why Should I Read These Guidelines?
Individuals are liable for their own actions. The
copyright law (Title
17, United States Code) sets strict limits
on making copies
of copyrighted
works. Willfully exceeding these limits may subject
the copier to liability for infringement with damages up
to $100,000
per work.
Earlham College is not required to defend
an individual who knowingly fails to comply with the College's
Policy on Copying,
fair use
guidelines, and any licenses that affect the rights
to use others’ works. Information
Services will not permit the duplication or use of
any material submitted which is known or suspected
not to
meet the requirements
of the guidelines.
The College expects those using the materials to
be familiar with the guidelines and abide by them.
“Fair
Use”
Information Services Staff will
assist faculty in evaluating instructional materials to identify
those that
fall within the "fair use" clauses
of the copyright law. The "fair use" exemptions
incorporated into the copyright law describe
permitted educational uses of certain categories
of
copyrighted materials. More
information on “Fair
Use.”
Copyright Law and Electronic Materials
In some areas, particularly relating to electronic
and multimedia materials, copyright law and fair use guidelines are
unclear.
As expected, challenges to the copyright law are being debated.
Information
Services staff will make every effort to provide common-sense
interpretations of the existing law and guidelines.
Copyright Permission
When use of copyrighted material falls outside of the
“fair use” guidelines or is more than quoting small sections of
a source, permission must be obtained from the copyright holder.
Electronic
material supplied by the library must include a copyright statement.
Other materials must contain a documented copyright permission
statement or a “fair use” disclaimer statement as detailed
in the specific guidelines below. Obtaining such permission is
usually
possible,
if sufficient lead-time is allowed, although a fee may be involved.
The length of this process varies and can take from a few days
to many weeks, or can last for unexplained lengthy periods.
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