08:03:01 Reproduction of Copyrighted Materials

Purpose

To define Copyrighted Materials and establish guidelines for fair use.

Policy

I. Copyrighted Materials Defined

Under Federal law, copyright applies to any “original work of authorship fixed in any tangible medium of expression.” (17 U.S.C. § 102(a)). Generally, the owner of a copyright has the exclusive rights to reproduce the work, to prepare derivative works, to distribute copies by sale or other transfer of ownership, and to publicly display or perform the work. (17 U.S.C. § 106).

II. Fair Use

The Copyright Act provides for some exceptions to the exclusive rights of the copyright owners. One of these exceptions permits fair use of a copyrighted work for purposes such as teaching, scholarship, or research. (17 U.S.C. § 107). The four factors to be considered in determining fair use are:

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 copyright work;
    
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.

Special provisions apply to the reproduction or use of copyrighted materials in distance education. Faculty members and other employees should respect copyright protected materials and use them in accordance with Federal law and other guideline. 1/15; 05/16