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Copyright Policy Policy Statement

It is the policy of Butler Community College to comply with the U.S. Copyright Act of 1976. All Butler Community College faculty, staff, students are expected to act as responsible users of the copyrighted works of others which includes making informed decisions based on the fair use exemptions to the copyright laws.

Scope

This policy applies to Butler faculty, staff, students and other entities performing collaborative work or service for the College, whether compensated by the College or not.

This policy extends to all works of authorship and creativity covered by federal copyright law. These works include print and electronic documents, software, databases, multimedia and audio visual materials, photographs, music, works of drama, works of art (sculpture), among other types of creative works.

Definitions

Copyright: Under U.S. law, a work is copyrighted at the instant of creation when it is fixed in a tangible medium of expression for a period of more than a transitory duration. The author of a work is given certain exclusive rights to do or to authorize the following: • To reproduce the copyrighted work • To prepare derivative works • To distribute copies of the copyrighted work publicly • To perform the copyrighted work publicly • To display the copyrighted work publicly • In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

If a person or entity does not own copyright in a work, does not have permission to do the above rights, and does it anyway then that person or entity is infringing. There are many statutory exemptions to these rights. The major exemption is fair use.

Fair Use: The fair use exemption (Section 107, U.S. Copyright law) permits limited reproduction of copyrighted works for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, without permission of the copyright owner. However, nonprofit educational use does not automatically establish a condition of fair use. Determination of fair use is done on an individual, case-by-case basis. The four factors being considered are:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for a nonprofit educational purpose. 2. The nature of the copyrighted work (creative or factual) 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4. The effect of the use upon the potential market for a value of the copyrighted work.

Statutory damages for willful infringement are significant. If a person or entity can demonstrate that evaluation of the four factors took place and lead to the belief of fair use, statutory damages can be considerably reduced.

Compliance/Responsibilities College faculty and staff desiring to use copyrighted materials are responsible for compliance with federal copyright laws, including decisions on the utilization of fair use exemptions. If questions occur, the L.W. Nixon Library will provide assistance to the Butler faculty and staff in the understanding, applying and complying of copyright law. The College does not assume legal responsibility for any independent application of copyright principles made by College faculty or staff that do not meet the terms of the Copyright Act or this College’s copyright policy. Permissions must be obtained in all instances where the employee determines that the desired use exceeds fair use or other limitations on the rights of copyright owners.

Digital Millennium Copyright Act Policy

Policy: It may be a violation of copyright law to copy, distribute, display, exhibit or perform copyrighted works without authority of the owner of the copyright. It is Butler Community College policy that users of Internet services and equipment provided by Butler Community College are responsible for their compliance with all copyright laws pertaining to information they place on or retrieve from the Internet.

Responsibilities: All individuals who use Butler Community College Internet services are responsible for their compliance with copyright laws. All instances of reported copyright violations will be reported to the appropriate College authority in accordance with the Butler Community College Employee Handbook and the Acceptable Use Policy for possible disciplinary actions.

Notice and Takedown Procedure:

Upon the Designated Agent’s receipt of proper notification of claimed copyright infringement, as set forth in the Digital Media Millennium Copyright Act (DMCA), 17 U.S.C. 512 (3), the Designated Agent will attempt to notify the user. Information Services shall respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Butler Community College will comply with the appropriate provisions of the DMCA in the event a counter notification is received.

Repeat Infringers:

Under appropriate circumstances, Information Services may, at its discretion, terminate authorization of users of its system or network who are found to intentionally or repeatedly violate the copyright rights of others.

Scope:

This policy applies to all users of the Internet Services provided by Butler Community College.

Enforcement:

The Chief Information Officer is responsible for monitoring and reporting compliance with this policy. Designated Agent: Butler Community College’s Designated Agent to receive notifications of alleged infringement under DMCA is:

Chief Information Officer
Butler Community College
901 S. Haverhill Rd.
El Dorado, KS 67042
Voice 316-322-3133
Fax 316-323-6440
Email: terwin@butlercc.edu

Software Copyright and Licensing Policy Statement

Butler Community College purchases software on a regular basis for use in college classrooms, labs and offices.

Software titles are licensed for use for college purposes only, and the college only purchases enough licenses for an exact number of machines.

You should assume that under no circumstances that software can be copied for personal use or for use on machines other than the computer of original installation.

With the exception of the Microsoft Campus Agreement, or unless you know of a specific example of some educational software title, installation of any college purchased software on a personal computer is not allowed.

Resources:
Getting Permission:
http://www.utsystems.edu/OGC/IntellectualProperty/permissn.htm

Cornell Copyright Decision Tree –
http://www.copyright.cornell.edu/services/Copyright_Decision_Tree.pdf

The Digital Millennium Copyright Act of 1998, U.S. Copyright Office Summary, December 1998,

http://www.copyright.gov/legislation/dmca.pdf

U.S. Copyright Office, Online Service Providers: Designation by Service Provider of Agent for Notification of Claims of Infringement,

http://lcweb.loc.gov/copyright/onlinesp/

EDUCAUSE Resource Center,

http://www.educause.edu/content.asp?section id=11

Joint Committee of the Higher Education and Entertainment Communities Technology/Task Force,

http://www.educause.edu/1204

"Technological Requirements of the TEACH Act," ACM, ARL, and EDUCAUSE white paper,

http://www.educause.edu/LibraryDetailPage/666?Redirect=True&ID=CSD2725

University of Texas Crash Course on Copyright,

http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
(New 7/06)