The following "Copyright Notice" should be placed on or near all University of New England reproducing equipment, including photocopiers, microform reader/printers, audio recorders, video recorders, computers, and scanners:
"Copyright Notice"
"Unauthorized copying of copyrighted works, including without limitation, books, periodicals, software, and musical works, in any media, may be unlawful and may infringe the copyright of the copyright owner. Copying is subject to the University of New England's Copyright Policy and Guidelines. Any use of these computer or duplicating facilities by students, faculty or staff for the unauthorized duplication of copyrighted works is subject to appropriate university action as well as those civil remedies and criminal penalties provided by federal law." 34.
IV. INTELLECTUAL PROPERTY/COPYRIGHT OWNERSHIP AT THE UNIVERSITY OF NEW ENGLAND
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created it. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is presumptively considered the author. Section 101 of the copyright statute defines a "work made for hire" as:
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.
Copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Although registration is not a requirement for protection, the copyright law provides several inducements or advantages. 35.
Copyright registration information is available from the Register of Copyright, Copyright Office, Library of Congress, Washington, DC 20559, and also in the Jack S. Ketchum Library.
V. FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT
Lack of copy-protection does NOT constitute permission to copy software without authorization of the software copyright owner. "Non-copy-protected" software enables you to make a backup copy only. 37.
Software acquired by the University is usually covered by a license which should clearly state how and where the software may be legally used by members of the University community. Such licenses cover software whether installed on stand-alone or networked systems, whether in private offices or in public areas. Even under "site" licensing, the copyright owner licenses the user to use the software on computers at the site, and the use of the software off site is not generally permitted. Consult with the Director of Computer Services. 38.
No. 39.
Making copies of copyrighted materials is one of the exclusive rights of the copyright owner. Purchasing software gives one the right to use a single copy of the software, not the copyright itself. 40. Some software licenses may restrict the use of a copy to a specific machine, even if you own more than one. In general, licenses do NOT allow the software to be installed or resident on more than a single machine, or to run the software simultaneously on two or more machines. 41.
The fair use provision does not distinguish among media. It applies equally to all media. The ease of duplication, compilation, and distribution in the electronic environment raises additional concern and caution. 42.
Unless the author notes otherwise, e.g., "I hereby dedicate this work to the public domain," all works in the electronic environment are protected by copyright, just as print works would be, from the moment of their fixation in a tangible medium of expression. E-mail messages, postings to bulletin boards, files placed where they can be retrieved by file transfer protocol ("ftp"), hypertext documents on the WWW and a host of other publications in the electronic environment are all protected. A user would need permission from the author prior to republishing a work. 43.
News articles are completely protected except for their facts which are not copyrightable. Reposting something to a listserv constitutes distribution. As an alternative to reposting entire articles, consider providing the URL, which would eliminate the liability for infringement for copying. 44.
Although the copyright law does not speak to this issue, it is generally considered that Web browsers have an "implied license" from the document owner to link to works because it is reasonable to expect that they will. Since this is one of the most important features of the Web, it would seem illogical for someone to place a work there without expecting and permitting links. 45.
Videocassettes labeled "home use only" indicate a licensing agreement with the copyright owner. The ALA Library and Classroom Use of Copyrighted Videotapes and Computer Software Model Policy permits the performance of copyrighted videocassettes in connection with face-to-face teaching activities. 46.
Copying videocassettes [or audiocassettes] for backup is a violation of the copyright law. 47.
A performance in a place where more than the "circle of a family and its acquaintances" is gathered is a public performance and would not be exempt from liability as a teaching activity. The performance would infringe the copyright owner's rights unless permission is obtained. 48.
The Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes permit nonprofit educational institutions to use the recording one time in each class during the first ten consecutive school days after the date of the recording, and to retain the recording for no more than forty-five consecutive calendar days after the date of recording. 49.
The Guidelines (see question 4.) prohibit the electronic or physical merging or combining of off-air recordings to constitute teaching anthologies. 50.
Reproduction of copyrighted slides without permission of the copyright owner would be an infringement. 51.
Section 106 of the U.S. Copyright Law of 1976, as amended (Title 17, U.S. Code) gives the copyright owner the exclusive right to the reproduction, derivative works, and distribution of a work. Scanning would be an infringement unless permission is obtained. 52.
The Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals permits a single copy of a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. However, the copyright owner determines the format in which a work may be reproduced and distributed. Conversion from print format to slides would be an infringement on the copyright owner's right to prepare derivative works unless permission is obtained. 53.
The Guidelines for Educational Use of Music prohibit photocopying music for a public performance, except emergency copying to replace purchased copies which are not available for an imminent performance. 54.
The Guidelines (see question 1.) permit a single copy of a recording of copyrighted music for the purposes of aural examinations. This pertains to the copyright of the music itself and not to any copyright existing in the sound recording. 55.
Section 110 of the United States Copyright Law of 1976, as amended, (Title 17, U.S. Code) exempts the performance of musical works if there is no admission charged and if the performers are not paid. 56.
Section 110 permits a public performance with an admission charge if the proceeds are used exclusively for educational or charitable purposes AND if the copyright owner is notified and has no objections to the performance. 57.
Section 110 permits performance of a dramatic work by instructors or pupils in the course of face-to-face teaching activities. A public performance would require a performance license. 58.
The Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals permit the distribution of one copy per student without getting permission from the copyright owner, if the copying meets the tests of brevity, spontaneity, and cumulative effect. If the instructor wishes to use the same article over multiple semesters, or the copying exceeds fair use, permission should be requested from the copyright owner. 59.
Yes. The cumulative effect in the Guidelines (see question 1.) [nine instances of multiple copying for one course during one class term] does not apply to current newspapers and news sections of other periodicals. 60.
Not without obtaining permission from the copyright owner of each article or chapter. The Guidelines (see question 1.) prohibit copying that creates, replaces, or substitutes for anthologies, compilations or collective works. 61.
Not without obtaining permission from the copyright owner of each article. See question 3. 62.
Not without permission from the copyright owner. The Guidelines (see question 1.) prohibit copying that is repeated with respect to the same item by the same instructor from term to term. 63.
The Guidelines (see question 1.) permit copying one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue, if the copying meets the tests of brevity, spontaneity, and the cumulative effect. If the number of diagrams and illustrations exceeds fair use, permission from the copyright owner would be necessary. 64.