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Copyright Guide

Provides guidance to faculty and students regarding the use of copyrighted materials for educational and research purposes.

Copyright Compliance

In recognizing the importance of the Copyright Law of the United States (Title 17, United States Code), Coastal Pines Technical College (CPTC) will maintain compliance with the copyright law and encourage faculty, staff, and students to make lawful use of copyrighted works. CPTC recognizes the exclusive rights of copyright holders, as well as exceptions to those rights and the doctrine of “Fair Use” as set forth in copyright legislation.

The Coastal Pines Technical College Library Services Director will coordinate the implementation of this procedure by:

  • Developing and disseminating educational tools and materials to faculty, staff, and students regarding copyright law,
  • Facilitating the request for copyright permissions when appropriate by providing sample forms,
  • Maintaining an organized system of records that documents the copyright permissions granted,
  • Receiving and responding to reports of copyright infringement,
  • Receiving and processing any “take down notices” for electronic content,
  • Contacting counsel when appropriate regarding the application of copyright law, and
  • Staying informed about changes to copyright rules and legislation as they occur.

Responsibility
The Vice President for Academic Affairs has overall responsibility for ensuring the implementation of this procedure.

Adopted: April 28, 2014
Effective Date: July 1, 2014

Copyright Statements

In order to promote awareness and compliance with copyright rules and legislation, Coastal Pines Technical College faculty and adjunct faculty will include the following statements regarding copyright in the respective syllabi and online classrooms for all course sections they teach.

Copyright Statement for CPTC Syllabi

Materials used in connection with this course may be subject to copyright protection under Title 17 of the United States Code. Under certain Fair Use exemptions specified by law, copies may be made for private study, scholarship, or research. Course participants should not share electronic copies of these materials with unauthorized users. Failure to comply with copyright restrictions and Fair Use guidelines may result in personal liability for copyright infringement. For more information about copyright and Fair Use, see the Coastal Pines Technical College Copyright Guide [http://libguides.coastalpines.edu/copyright].

Copyright Statement for CPTC Online Classrooms

CPTC online course websites may contain materials protected by copyright under Title 17 of the United States Code. Such material is used for educational purposes in accordance with copyright law, Fair Use exemptions, and/or permission given by owners of the original material. You may download a copy of these materials for non-commercial, personal, or educational purposes only. Beyond this use, no material from the course website may be copied, reproduced, re-published, uploaded, posted, transmitted, or distributed in any way without the permission of the original copyright holder. The instructor assumes no responsibility for individuals who improperly use copyrighted material placed on the website. For more information about copyright and Fair Use, see the Coastal Pines Technical College Copyright Guide [http://libguides.coastalpines.edu/copyright].

Responsibility

The Vice President for Academic Affairs has overall responsibility for ensuring the implementation for this procedure.

Adopted: February 10, 2014

Effective Date: July 1, 2014

Copyright Exceptions

Important Note: This procedure does not apply to instances where Coastal Pines Technical College is already licensed to use a particular work for educational or research purposes.

The Copyright Law of the United States (Title 17 U.S. Code) includes specific exceptions to copyright that are applicable to academic institutions in the context of education and research. The specific exceptions addressed by this procedure are Fair Use and the TEACH Act.

  • The Fair Use exception allows individuals to evaluate a particular use of a copyrighted work according to a set of generally accepted principles and determine whether it is necessary to request copyright permission from the owner of a work for that use.
  • The TEACH Act creates provisions for the proper use of literary, musical, and dramatic performances within the context of distance education classes. Compliance with these provisions allows for an exception to copyright.

In order to assist faculty in determining the applicability of the Fair Use or TEACH Act copyright exceptions, Coastal Pines Technical College provides a Fair Use Checklist and a TEACH Act Compliance Checklist, which faculty will use to record decisions regarding the use of copyrighted materials for educational and research purposes. Faculty will maintain a copy of the completed checklist for each work where they determined an exception to copyright

Primary responsibility for completion of the checklists resides with the faculty who uses the copyrighted work. Faculty may consult a librarian for assistance with either checklist.

Responsibility

The Vice President for Academic Affairs has overall responsibility for ensuring the implementation of this procedure.

Adopted: February 10, 2014

Effective Date: July 1, 2014

Copyright Permission Requests

Before seeking copyright permission directly from the owner of a work, Coastal Pines Technical College faculty should evaluate the use of the work to judge whether an exception to copyright may apply. The following conditions may exempt faculty from seeking copyright permission from the owner:

  • The College has already purchased a license to use the material in the course [refer to instructor course materials],
  • The library provides access to the material [ask librarian about linking],
  • The instructor has determined that the principle of Fair Use applies to this instance [refer to CPTC Procedure: Copyright Exceptions and the Fair Use Checklist], or
  • The instructor has determined that this use falls within the parameters of the TEACH Act [refer to CPTC Procedure: Copyright Exceptions and the TEACH Act Compliance Checklist].

If none of the conditions listed above apply to the proposed use of a copyrighted work, faculty should either:

  • Request permission directly from the owner using the sample letter template on the following page, or
  • Purchase a license to use the work [information may be available from the Copyright Clearance Center at http://www.copyright.com.]

Procedures for Using the Sample Copyright Permission Request Letter

To use the sample letter template, replace the information enclosed in brackets and highlighted in gray with the information that applies to the specific copyright permission request. When mailing the letter, include a self-addressed stamped envelope.

Faculty with additional questions about using the sample letter template should seek assistance from the Coastal Pines Technical College Library.

After receiving a copyright permission in response to a request, faculty will provide a copy of the returned copyright permission to the Coastal Pines Technical College Library, in addition to keeping the copyright permission for their personal records. The Coastal Pines Technical College Library will use the copy to maintain documentation of copyright permissions granted.

Responsibility

The Vice President for Academic Affairs has overall responsibility for ensuring the implementation of this procedure.

Adopted: February 10, 2014

Effective Date: July 1, 2014

Intellectual Property

Coastal Pines Technical College encourages the development, writing, invention, or production of intellectual property designed to improve the productivity of the College or to enhance the teaching and learning environment. In order that the College may fully utilize to the best extent all works produced for it and provided for its use, anyone producing work for the College or its use represents and warrants that such works: 

• Do not violate any law; 
• Do not violate or infringe any intellectual property right of any person or firm (including right of publicity); and 
• Do not libel, defame, or invade the privacy of any person or firm. 

Intellectual property refers to creations of the mind: inventions and discoveries, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property includes, but is not limited to, materials that may be copyrighted, patented, and/or trademarked. 

Ownership 
Unless otherwise provided in a separate agreement, the College owns all rights to all works produced by or for the College, including a copyrightable, patentable, or trademarkable work created by an employee or student with the support of College resources. Ownership refers to a legally binding agreement specifying the names, party, or parties to whom the intellectual property belongs and who will be attributed as the owners of the intellectual property to the public. College resources include, but are not limited to, offices, computers, standard office equipment and supplies, libraries, labs, funds, and personnel. Employee, as used in this procedure, means any full-time or part-time, contractual, or non-contractual employee of Coastal Pines Technical College. Student, as used in this procedure, means any student officially enrolled at Coastal Pines Technical College.

Ownership resides with the employee or student if all of the following criteria are met: 
• The work is the result of individual initiative, not requested or required by the College; 
• The work is not the product of a specific contract or assignment made as a result of employment or enrollment with the College; 
• The work is not prepared within the scope of the employee’s job duties or 
• course/program requirements; 
• The work is not completed using equipment or resources provided by the College. 

Ownership resides with the College if the work fails to meet any of the above criteria and/or if any of the following criteria applies: 
• The work is prepared within the scope of the employee’s job duties or course/program requirements; 
• The work is the product of a specific contract or assignment made in the course of the employee’s employment or student’s enrollment with the college; or 
• The development of the work involved facilities, time, and/or other resources of the College including, but not limited to, release time, grant funds, college personnel, salary supplement, leave with pay, equipment, or other materials or financial assistance. 

Destruction or damaging of intellectual property created for the College is considered theft or vandalism and will be dealt with per College procedure.

Any employee or student of Coastal Pines Technical College must obtain the express approval of the President prior to the development of intellectual property if there is any question pertaining to ownership. 

The burden of obtaining the copyright, patent, or trademark for any intellectual property, including cost, is that of the owner. 

Revenue 
Revenue derived from the creation and development of College-owned intellectual property is distributed to College revenue funds as determined by the President or Vice President for Administrative Services and in accordance with State Board policy and procedure. 

In the event that intellectual property is licensed to the originator, the full rights for the copyright, patent, or trademark, and any resulting royalties or profits, shall remain with the originator. 

All cases in which questions arise as to the equities, rights, division of revenues, or any other intellectual property-related matter, shall be referred to the College Council for consideration, interpretation of procedure, and decision. Appeal of the decision shall be to the Vice President for Administrative Services, then to the President, and finally to the Technical College System of Georgia (TCSG). Appeals within the College must be made in writing within 30 days of written notice of a final decision. Appeals to the TCSG shall be made in accordance with State Board policy. 

Responsibility 
The Vice President for Academic Affairs has the overall responsibility of ensuring this procedure is implemented. 

Adopted: April 28, 2014 
Effective Date: July 1, 2014 

Acceptable Computer and Internet Use

This procedure prohibits the use of College computers and networks to violate copyright or other intellectual property laws.