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Manual of Operational Memoranda for Brookhaven College

District Reference: *CR,DBD No.VII - J
Chapter: BUSINESS SERVICES
Subject: DCCCD Copyright Policy

The DCCCD Copyright Policy applies to all formats including software, books, periodicals, media, video and audio tapes, off-air taping, etc.

(The following is a reprint, in part, from Section 107 of Title 17, United States Code.)

Limitations on exclusive rights: Fair use

Notwithstanding the provisions of Section 106, the fair use of copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

  1. The nature of the copyrighted work;
  2. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and,
  3. The effect of the use upon the potential market for or value of the copyrighted work.

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely, that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and restated in Section 107 of the Copyright revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

Copyright (Fair Use)

Guidelines

  1. Single Copying for Teachers:
    A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
    1. A chapter from a book;
    2. An article from a periodical or newspaper;
    3. A short story, short essay or short poem, whether or not, from a collective work;
    4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
  2. Multiple Copies for Classroom Use
    Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:
    1. The copying meets the test of brevity and spontaneity as defined below; and
    2. Meets the cumulative effect test as defined below; and,
    3. Each copy includes a notice of copyright.

    Definitions

    Brevity

    1. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.
    2. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, which ever is less, but in any event a minimum 500 words. (Each of the numerical limits stated in “i” and “ii” above may be expanded to permit the completion of any unfinished line of a poem or of an unfinished prose paragraph).
    3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
    4. “Special” works: Certain works in poetry, prose or in “poetic prose” which often combine language and illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph “ii” above notwithstanding, such “special works” may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof , may be reproduced.

    Spontaneity

    1. The copying is at the instance and inspiration of the individual teacher; and,
    2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be reasonable to expect a timely reply to a request for permission.

    Cumulative Effect

    1. The copying of the material is for only one course in the school in which the copies are made.
    2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
    3. There shall not be more than nine instances of such multiple copying for one course during one class term.

    (The limitations stated in “ii” and “iii” above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

  3. Prohibitions as to I and II above: Notwithstanding any of the above, the following shall be prohibited.
    1. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or reproduced and used separately.
    2. There shall be no copying of or from works intended to be “consumable” in the course of study or of teaching. These include workbooks, exercises, standardized tests, test booklets, answer sheets and like consumable material.
    3. Copying shall not:
      1. Substitute for the purchase of books, publishers’ reprints or periodicals;
      2. Be directed by higher authority;
      3. Be repeated with respect to the same time by the same teacher from term to term.
    4. No charge shall be made to the student beyond the actual cost of the photocopying.

Agreement March 19, 1976.

Ad Hoc Committee on Copyright Law Revision:
by Sheldon Elliott Steinbach

Source: Library of Congress, Copyright Office, Reproduction of Copyrighted Works by Educators and Librarians. (Circular R21). Washington, D.C.: GPO, 1987.

For more information on copyright, see the above publication on reserve in the LRC library.

Dallas Co. Community College District
057501
ELECTRONIC COMMUNICATION
CR (REGULATION)

Classroom Copying with Respect to Periodicals and Books

For the purposes of this regulation, software is defined as a set of step-by-step instructions that tell the computer how to perform a task. The following items address computer and software issues:

  1. SOFTWARE USE AND DUPLICATION:
    Software and documentation shall only be used in accordance with the terms of the applicable license. No employee, student, or other authorized user shall duplicate any software without authorization, except that one copy of any software may be made for backup or archival purposes only.
  2. LOCAL AREA NETWORKS:
    With respect to the use of software on local area networks or simultaneous use on more than one computer, use of any particular software shall be limited to the specific number of machines permitted by the license agreement.
  3. FAIR USE DOCTRINE:
    In most instances, the Fair Use Doctrine does not apply to software.
  4. FACE-TO-FACE TEACHING:
    The Face-to-Face Teaching Exemption is available only if the use of the software itself is being taught.
  5. PERSONAL SOFTWARE:
    Employees, students, and other authorized users may use individually owned software on District computers only if the user can provide proof of a license to use the software from the copyright owner. A statement signed by the user stating that the user holds a valid license to use the software shall be deemed adequate proof.
  6. NETWORKS:
    District employees, students, and other authorized users shall access computer networks only to further the institutional goals of the District.
  7. UNAUTHORIZED USERS:
    Employees, students, and other authorized users shall not permit persons who are not authorized by the District to have access to or to use the district’s computers, software, or documentation.
  8. SOFTWARE LIAISON:
    The chief administrative officer at each District location shall designate the software liaison. The software liaison shall act as a resource to those with questions concerning use of computer software in the District and as a liaison between the campus and the District legal counsel. Questions concerning the District’s software use policy should be directed to the software liaison. At Brookhaven College, the Dean of Administrative and Educational Technology will serve as the software liaison.
  9. EXCEPTIONS:
    This regulation reflects fundamental copyright law. The limited exceptions that are available under the law will be considered on a case-by case basis. The software liaison should be contacted when an issue arises in the implementation of this policy and regulation.

DATE ISSUED: 08/06/1996
NEWLPM
CR(R)-X

DCCCD Software Copyright Policy
  1. Purpose: The Board acknowledges the need to protect ownership rights in intellectual property as illustrated by, but not limited to, literary, dramatic, musical, artistic and other intellectual and creative works as well as inventions, trade secrets, and computer software which are copyrightable or patentable. The following statement of policy and procedure is made for the purpose of defining ownership of such rights which are created by District employees independently or with District support, or by third parties. Employee, as used in this policy, means any full-time contractual or non-contractual employee as defined in the Board of Trustees Policy Manual, sec. DD.
  2. Independent Works: a District employee owns all rights to copyrightable or patentable work which is created by the District employee while not in the course and scope of his employment as illustrated by, but not limited to, the following appropriate factors:
    1. The work is the result of individual initiative.
    2. The work is not a specific assignment made within the course of employment with the District.
    3. The work involves only insignificant use of District facilities, time or resource.
  3. District-Supported Works: Unless otherwise provided herein, the District owns all rights to copyrightable or patentable work which is created by a District employee in the course of the employee’s employment with the District as illustrated by, but not limited to, the use of significant facilities, time, or resources of the District, including, but not limited to, released time, grant money, sabbatical leave, or other material or financial assistance by the District.
  4. Third Party Works: Rights to copyrightable or patentable works created by a third party, i.e., not a District employee, shall reside in the author/creator.
  5. Rights Agreement: The Chancellor shall establish procedures to insure that any District employee who creates copyrightable or patentable work with District support shall enter into an agreement with the District providing either:
    1. that the employee assigns ownership rights to the District; or
    2. for a fair and equitable arrangement for joint ownership, sharing or royalties, or reimbursement to the District of its costs and support. In all cases where copyrightable or patentable work is created with District support, the agreement shall provide that the District will have a perpetual license to use the work without further compensation.
  6. Disclosure: All District employees shall disclose potentially copyrightable or patentable work to the College President or Vice Chancellor of Planning and Development as appropriate and shall utilize the procedures specified in the Board of Trustees Policy Manual, sec. GI. In the case of copyrightable work, an employee shall make such disclosure prior to beginning the work, but not later than completion of the work. An employee shall disclose patentable work within 60 days after disclosure to the third party contractor, if any, or promptly after discovery.
  7. Institutional Review: The procedure for institutional review of copyrightable or patentable work created by a District employee with District support is enumerated in the Board Policy Manual, sec. GI). For the purpose of this policy:
    1. the review procedure in the Board Policy Manual, sec. GI, for multi-college or District research shall be used exclusively to review copyrightable or patentable work;
    2. at each level of administrative approval in the Board Policy Manual, sec. GI, the designated administrator shall determine the extent to which the District and employee should share ownership and royalties of the copyrightable or patentable work based upon the significant benefit of the work to the District, and the Executive Cabinet shall exercise final approval; and
    3. The approval criteria and notification procedures in the Board Policy Manual, sec. GI, are not applicable.

    If the District’s ownership and share in royalties of the work is 50 per cent or more, the District shall pay the costs of copyright and patent filing, otherwise the employee shall pay such costs.

  8. Equity and Management: A District employee who created a copyrightable or patentable work with District support may have an equitable interest in the work or a business entity involved with the work if the equity interest is promptly disclosed to the Vice Chancellor of Educational Affairs; however, the District employee is prohibited from holding an executive position in the business entity.
  9. Applicability – Project Funding: In the case of works created under grants from governmental or foundation sources prescribing ownership rights, this policy shall govern negotiations of the conditions of such grants.
  10. License or Sale of District Works: The Chancellor shall establish procedures to protect the copyright and patent interest of the District in the sale, lease or licensing to others of District work products.
  11. Purchase License or Lease of Third Party Works: All employees and students of the District shall comply with copyright laws, and any licenses or lease agreements which are entered into between the District and third partiers. The District strictly prohibits the unauthorized sale, transfer, or duplication of third party works. Any person who infringes a copyright willfully or violates such agreements willfully is individually liable for such acts and is subject to disciplinary action by the District. The Chancellor shall establish procedures to implement this policy which shall include notice of such policy to employees and students.

DATE ISSUED: 6/23/1997
LDU-26-97
DBD(L)-X

Intellectual Property