August 2008

Statement on Copyright Use

It is the policy of the Northeastern Ohio Universities Colleges of Medicine and Pharmacy (NEOUCOM) that its students, faculty, and staff will abide by federal copyright law and will refrain from using copyright-protected materials in university-related activities unless such use is deemed permissible under the relevant exemptions outlined in the fair use provision of the Copyright Act or the Technology, Education, and Copyright Harmonization (TEACH) Act, or unless prior appropriate permission or licensing has been obtained.

The legal use of copyrighted materials for instruction purposes requires institutional responsibility and oversight.  The following information is provided for direction and guidance on the use of copyright-protected materials in an instructional setting.

Inquiries regarding copyright use should be directed to the Oliver Ocasek Regional Medical Information Center (OORMIC).  Primary contacts in OORMIC are Jerome Holst, Reference Librarian, (330) 325-6604, and Onadell Bly, Systems Librarian (330) 325-6616.  They will advise patrons on issues relating to the use of particular texts, images and digital media for which they may have knowledge, and for details of licensing agreements.

For inquiries regarding administrative procedures for AIMS (our course management system), contact Sharon Combs-Eisenbarth, Course Management System Administrator (330) 325-6229. 

The Office of Health Professions Education (HPE) oversees administrative procedures for course development.  Copyright compliance officers within HPE are the Director of Curriculum and the Assistant Dean for Health Professions Education (330) 325-6329.

For legal clarification regarding copyright, contact Maria Schimer, JD, Legal Counsel (330) 325-6356.

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NEOUCOM Copyright Policy

The current institutional “Policy on Copyright Compliance” was approved by the Board of Trustees on June 20, 1983, Resolution 1983-28, and stipulates that:

                WHEREAS, the Northeastern Ohio Universities College of Medicine complies with the spirit and provisions of the Copyright Law (P.L. 94-553, Title 17, U.S. Code), which became effective January 1, 1978, the “Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions” as promulgated by the Ad Hoc Committee on Educational institutions and Organizations on Copyright Law Revision, the Authors League of America, Inc., and the Association of American Publishers, Inc., on March 19, 1976; and

            WHEREAS, this policy includes the “fair use” guidelines covering off-air recording, duplication of audiovisual materials, and duplication of materials for teaching purposes, all of which are of significance to the educational purposes and programs of the College of Medicine, Now therefore,

            BE IT RESOLVED by the Board of Trustees of the Northeastern Ohio Universities College of Medicine that this institution’s declared policy and practice will be complete compliance with the provisions of these Laws and Guidelines; and

            BE IT FURTHER RESOLVED, that any student or employee who fails to comply with the Copyright Law and this Policy assumes personal responsibility for the payment and discharge of any civil or criminal judgment, including costs and attorney fees, which may be recovered as a result of such a violation of the copyright Laws.

            BE IT FURTHER RESOLVED, that, in the event the College of Medicine is held liable for such infringement, the College will insist on its right to full reimbursement from the infringing student or employee, for any money it has had to expend in the defense or discharge of such liability.

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Liability Statement

All users of copyrighted materials and reproductions, including students, faculty, and staff, are ultimately responsible for satisfying the requirements of copyright law and licensing agreements.  These responsibilities include all issues that may arise in the copying and  the use of text, images, and digital media. Users are responsible for obtaining all necessary permissions pertaining to the use of such materials.

The United States Copyright Office provides information about the Copyright Law and associated issues. 

For more information on Administrative Policies established by NEOUCOM, read Acceptable Use of Computing Resources and File Sharing Security.

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Determining What is Copyrighted

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works.  This protection is available to both published and unpublished works.  For more information see Circular 1, Copyright Basics, at the U.S. Copyright Office.

Materials that are in the public domain or that are no longer under copyright may be freely used.  A digital timeline can assist you in determining whether a work still remains under copyright.  A general rule of thumb is the date of the author’s death plus 70 years. 

Accessing and using online material found in the library’s online catalog and at OhioLINK is appropriate without the user having to secure individual copyright clearance. NEOUCOM and OhioLINK have secured licenses for access to over 35,000 journal titles, hundreds of electronic books, and many database resources for NEOUCOM ID holders, consortium hospital librarians and staff, and NEOUCOM clinical faculty. Such material includes articles in the online journals at OhioLINK's Electronic Journal Center (EJC).  However, the general rules of copyright apply to each of these resources and if there is any doubt about the appropriateness of use, the user should contact the library to confirm the details of licensing agreements.

Creating stable URLs (persistent links) for articles can be problematic with some online services. OhioLINK provides information on its Web site called Bookmarking an E-Journal Article.   

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Fair Use

Fair use allows for minimal reuse of copyright-protected content without securing permission from the copyright holder for teaching purposes. This can sometimes be a gray area and can be difficult to determine.  The primary assertion is that the use will be minimal enough that it does not interfere with the copyright holder's rights.

  • Purpose and character: If your use if for teaching at a nonprofit educational institution, this is a factor favoring fair use.  The scale tips further in favor of fair use if access is restricted to your students.
  • Nature of copyrighted work: Is the work fact based, published or out-of-print?  These factors weigh in favor of fair use.
  • Amount used: Using a small portion of a whole work would weigh toward fairness.  But sometimes it may be fair to use an entire work (such as an image) if it is needed for your instructional purposes.
  • Market effect: A use is more likely to be fair if it does not harm the potential market for or value of the copyrighted work.  If use does harm the potential market for or value of the copyrighted material, this could weigh more heavily against fair use than the other factors.

Consider each of these factorsremembering that all of them do not have to be favorable to make your use a fair one. When the factors in the aggregate weigh toward fairness, your use is better justified.  When factors tip the scales in the other direction, your need to get permission from the copyright holder increases.  Don't worry that the answer isn't crystal clear.  Just decide whether the factors weigh enough toward fairness so that you are comfortable not seeking permission.  Some suggest reliance on the "golden rule" --- if you were the copyright holder, would you see the use as fair and not expect to be asked for permission?  To help you determine if your use falls under the fair use guidelines, review the following materials and complete the checklist provided as a courtesy of the Copyright Management Center at IUPUI.  Keep a copy of each fair use checklist you complete.

IUPUI Copyright Management Center: Common Scenarios of Fair Use Issues: Posting Materials on Course Management Systems

Introduction to Fair Use Checklist

Fair Use Checklist

Fair Use Checklist may be used to determine whether Fair Use applies to your materials and circumstance.

Portions of this content were adapted from the “Know Your Copyrights” brochure, c2007, Association of Research Libraries and the open access article “Using Copyrighted Works in Your Teaching---FAQ: Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently” by Peggy Hoon, JD (Washington DC: Association of Research Libraries, 2007). 

Also used are portions of the Indiana University Purdue University Indianapolis (IUPUI) Copyright Management Center's documents on fair use.

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Digital Millennium Copyright Acts (DMCA)

The Digital Millennium Copyright Act (DMCA) implemented the World Intellectual Property Organization (WIPO) Internet Treaties; established safe harbors for online services providers; permitted temporary copies of programs during computer maintenance; and made miscellaneous amendments to the Copyright Act, including amendments which facilitated Internet broadcasting.  Among the most controversial provisions of the DMCA is Section 1201.  For information on the DMCA, see the Association of Research Libraries summary page.

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Technology in Education and Copyright Harmonization Act (TEACH Act)

Technology in Education and Copyright Harmonization Act (TEACH) updates copyright law and specifically transmission of performances and displays of copyrighted materials in distance education.  However, it has a broader scope than just distance education.  The TEACH Act does not limit or otherwise alter the scope of the fair use doctrine.  The TEACH Act requires adherence to the following guidelines:

The TEACH Act requires adherence to the following guidelines:

  • The institution must be an accredited Nonprofit Educational Institution or Governmental Body;
  • The institution must post its copyright policy which specifies the standards that educators and others will follow when incorporating copyrighted works into distance education;
  • Within a Course Management System (CMS), copyrighted materials used for a course must be print disabled and download disabled;
  • Access to course materials must be limited to students who are formally enrolled in the course and be available only for the duration of the course.

Further information on the TEACH Act is available at the ALA (American Library Association) TEACH Act Web site.  Also, consult the TEACH Act Toolkit provided by North Carolina State University.

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Obtaining Copyright Permissions or Licenses

For assistance with obtaining copyright permission or licenses, contact Jerome Holst, MLS, Reference Librarian, at jholst@neoucom.edu or Onadell Bly, MLS, Systems Librarian, at bly@neoucom.edu.

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Guidelines for Posting Digital Materials within AIMS

When posting materials in AIMS faculty and staff should keep in mind that the same copyright rules apply to digital environments as apply to paper-based environments.  Distribution of digital materials in their original electronic format or converted to print still require securing copyright permission.  No copyrighted materials in whole or in part should be posted in AIMS without first obtaining the permission of the copyright owner or after thorough review based upon fair use guidelines that the use qualifies under the guidelines (See Fair Use as presented in this document).  This excludes any materials which may grant digital distribution.  Whether in print or digital format all copyright materials should include proper attribution and copyright notices.

For a better understanding of copyright, see the online tutorial  "Taking the Mystery out of Copyright (for students and teachers)" created by the Library of Congress.

Instructors are responsible for securing appropriate permissions and maintaining these records for the duration of use.  For more detailed information click on the links below and read the free brochures posted by the Copyright Clearance Center.  As noted in these publications, one preferable option is to link to material already legally available at another site rather than scanning and making digital or printed copies

Copyright Clearance Center: USING COURSE MANAGEMENT SYSTEMS
Guidelines and Best Practices for Copyright Compliance

Copyright Clearance Center: USING ELECTRONIC RESERVES
Guidelines and Best Practices for Copyright Compliance

Assistance with obtaining copyright permission is also available at the Library.  Contact Jerome Holst, MLS, Reference Librarian or Onadell Bly, MLS, Systems Librarian.

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Information on Displaying or Performing Works (Video/DVD)

Section 110(1) of the copyright act makes special provision for displaying images, playing motion pictures or sound recordings, and performing works in classes as long as the work was from a lawfully made copy and/or was not mediated instructional materials meant for the education market.  Rented movies can be shown providing the movie is shown for educational purposes and such an educational use is not prohibited by the license agreement that was signed with the rental provider.

Face-to-face teaching:

You may display or perform in your class without obtaining permission when your use is

  • for instructional purposes;
  • in face-to-face teaching; and
  • at a nonprofit educational institution.

If you don't meet all three of these criteria, consider whether what you have in mind is a fair use.

For more information read

IUPUI Copyright Management Center: Viewing Movies and Other Audio-Visual Works at the University: Public Performances to Meet Educational Needs.

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Authored Materials

Faculty and staff should be aware that copyright rules can apply even on material that they authored.  Unless you wrote the work under contract as a work for hire, you are the author and the initial copyright holder.  If, however, you have transferred your copyright to another entity (in writing), without retaining any use rights for yourself, you are no longer the copyright holder and have no special privileges to use the work.

To keep your copyrights, the next time a publisher's agreement proposes transferring exclusive rights from you to them as a condition of accepting the item for publication, consider retaining the rights you need to place your own work in an open archive and sharing it with your students.  The SPARC Author Addendum is one means of securing these rights.

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Timeline of U.S. Copyright Legislation

For information on the progression of copyright legislation, visit the U.S. Copyright Timeline .

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Definitions and Explanations

 

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Resources on the Web

University of Alaska Copyright Resources

North Carolina State University

Consortium Universities:

University of Akron

Cleveland State University

Kent State University

Youngstown State University

American Research Libraries (ARL) -- Know Your Copyrights

American Research Libraries (ARL) -- One page chart -- Know what you can do: Cornell's Copyright Term and the Public Domain in the United States

U.S. Copyright Office: Search the Copyright Catalog