Chapter 6 - Faculty Policies and Standards

6.15 Copyright Policy Summary

6.15.1 Copyright Policy Summary

The U.S. Copyright Law (http://www.copyright.gov/title17/) exists to protect the owners of intellectual and creative work from the unlawful use or theft of their work. Calvin College respects the copyright law and recognizes an obligation to act in accord with the law.

The students, staff, and faculty of Calvin College, and the college as a corporate entity, have a legal and ethical obligation to respect the rights of property owners, to refrain from illegal and unethical use of others’ intellectual and creative property, and when in a supervisory position, to refrain from asking others to break the law, for example, by requesting that illegal copies or other reproductions be made.

Members of the Calvin community have an obligation to familiarize themselves with the basic tenets of Copyright Law and to consider the ethical implications of using the intellectual and creative property of others.

Section 6.15 of the faculty handbook serves as a general summary of Calvin College policy on copyright. This section also summarizes certain general principles of U.S. copyright law, such as “fair use,” that hold particular importance for higher education.

6.15 intentionally provides only general guidelines and policy statements regarding copyright. For specific advice about particular issues in copyright in relation to particular practices and media, members of the Calvin community should turn to the online document “Advice about Copyright” (on the Provost’s Office website). The purpose of “Advice about Copyright” is threefold:

1. it identifies those offices and persons to which the college currently turns for advice on copyright issues;
2. it provides references to appropriate sections of Carol Mann Simpson’s Copyright for Schools: A Practical Guide, 5th ed. (Linworth Publishing, 2010), a copy of which is housed in academic departments and administrative units of the college; and
3. it provides links to websites that offer advice about copyright issues.

6.15.1.1 Summary of Title 17, the U.S. Copyright Law

The federal copyright law gives copyright owners the exclusive right to reproduce, adapt, dramatize, arrange, distribute, perform, and display their works, and to authorize others to do so, except for situations that the copyright law exempts. Copyright law applies to nearly all created materials, including books, journals, DVDs, movies, videos, computer programs, photographs, art, music, plays, dance choreography, and architecture. Copyright protection does not need to be formally applied for by the creator of the work; it is automatically granted when a work is “fixed in any tangible medium of expression” (Subsection 102[a]).

6.15.1.2 Limitations on Exclusive Rights: Fair Use, etc.

Copyright law requires that permission be obtained for the use of copyrighted material unless such use is within legal exceptions. Some exceptions are clearly specified in Subsections 107-112 of Title 17, United States Code Subsection 107: Fair Use.

The use of copies or recordings of a work may fall under fair use if they are used for purposes such as criticism, comment, news reporting, teaching (including distributing multiple copies for classroom use), scholarship, or research. In determining whether the use made of a work in any particular case is subject to fair use, four factors should be considered:

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 (courts generally are more protective of creative than of “factual” material, for example);
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.

Members of the Calvin Community who wish more information about the scope of fair use and the general practices of the Calvin Community should consult the “Advice about Copyright” website. It is also useful to consult with members of the community to determine practices widely used at the college to ensure compliance with copyright law and to meet our ethical obligations.

6.15.1.3 Public Domain

A work enters the public domain when its term of copyright protection expires. Works in the public domain may be used in any way without obtaining permission. See “Advice about Copyright.”

6.15.1.4 Ownership

Calvin College disclaims ownership of copyrighted materials created by faculty unless they were created (1) under prior funding agreements that specifically assign copyright in part or in whole to the college, or (2) under special circumstances that involve unusual or atypical commitments of college resources. Sabbatical grants and Calvin Research Fellowships, being a regular and common support for faculty scholarship, do not constitute unusual or atypical commitments of college resources.

6.15.2 Permissions and Penalties

6.15.2.1 Obtaining Permission

Those who want to use copyrighted material in a way which conflicts with one of the exclusive rights given to the copyright holder, and there is no legal exemption to allow it, must obtain permission from the copyright holder or proprietor: securing the proper permission overrides copyright prohibitions. Permission can be obtained from the copyright owner or from a representative clearance agency (such as the Copyright Clearance Center, http://www.copyright.com).

Although the amount of material that can be used without specific permission can vary, many copyright owners will grant permission for one-time use of parts of their works without charge, or upon payment of a minimal fee. However, repeated use or reproduction is often not allowed unless royalties are paid. These royalties are the legitimate compensation for the creative effort made by the author, lyricist, composer, artist, architect, choreographer, or other creator. To avoid payment by not obtaining authorization is to commit theft.

Although much can be accomplished using the telephone, “verbal authorization” for a use is not valid. The final form of permission must be in writing, filed, and kept for at least three (3) years.

6.15.2.2 Penalties

Any person who violates the copyright law is an infringer, and is liable to be sued in a civil court by the copyright owner [Subsection 501(a), (b)].

A common action preceding an actual suit is the serving of an order to “cease and desist” the infringing activity. This might be done when the copyright owner wants to stop the infringing activity, but prefers not to spend the time and money required to follow-through with a suit.

6.15.2.3 Damages

In addition to actual damages and lawyers’ fees, the infringer may be liable for statutory damages. Willful infringement can be punished by the awarding of statutory damages of up to $50,000 [Subsection 504, 505].

Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $25,000 [Subsection 506(d)].

6.15.2.4 Innocent Infringer

If an infringer proves to a court that he or she was not aware and had no reason to believe that his or her acts constituted an infringement, the court may reduce or eliminate the damages. This especially applies to employees of a nonprofit educational institution who believed their use qualified as Fair Use under Subsection 107 [Subsection 504(c)(2)]. Calvin faculty are encouraged to reference a Fair Use Checklist (Copyright Advisory Office of Columbia University, Kenneth D. Crews) [http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf] which will assist faculty in analyzing fair use guidelines for classroom use of copyrighted materials.

6.15.2.5 Limitations on Actions

Actions against an infringer must be initiated within three years after they occur [Subsection 507]. Records of permissions must be kept for three years.

6.15.3 Sources

Circular 92, the Copyright Act of October 19, 1976, Title 17 of the United States Code, Pub. L. 94-553, 90 Stat. 2541, is the source for this document.

Bibliography

• Circular R21, Reproduction of Copyrighted Works by Educators and Librarians (Washington, D.C.: Copyright Office, Library of Congress, 1978).
• Bielefield, Arlene, and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions (Neil Schuman Publishers, 2006).
• Butler, Rebecca. Smart Copyright Compliance for Schools: A How-To-Do-It Manual (New York: Neil Schuman Publishers, 2009).
• Frankel, James. The Teacher’s Guide to Music, Media, and Copyright Law (Hal Leonard, 2009).
• Helm, Virginia. Fastback 223, What Educators Should Know about Copyright (Bloomington, IN: Phi Delta Kappa Educational Foundation, 1986).
• Rosen, Ronald. Music and Copyright (Oxford University Press, 2008).
• La France, Mary. Copyright Law in a Nutshell (West Publishing, 2008).
• McJohn, Stephen M. Copyright: Examples and Explanations, 2nd ed. (Aspen Publishers, 2009).
• Simpson, Carol. Copyright for Schools: A Practical Guide, 5th ed. (Santa Barbara: Linworth, 2010).
• Wilson, Lee. Fair Use, Free Use, and Use by Permission: How to Handle Copyrights in All Media (Allworth Press, 2005).

6.15.4 Medium-Specific Policies

For information and advice regarding copyright in relation to individual media and to common practices of the college, the college will maintain a page titled “Advice about Copyright” on the website of the Provost’s Office. “Advice about Copyright” provides references and links to online advice and to relevant sections of Copyright for Schools: A Practical Guide (available in most Calvin departments and administrative units) regarding a range of media and practices.