Copyright Basics What Faculty Need to Know

Timeline 2003 Spring 2003 – form copyright committee because of TEACH Act compliance Spring 2003 – draft roles and responsibilities Summer 2003 – draft core policy and web pages Summer 2003 – submit Library Services & Technology Act grant to produce general training CD August 2003 – obtain Board of directors’ approval for policy Fall 2003 – role out basic Web training to faculty/staff Fall 2003 – incorporate student information pages into Library Research Skills course Fall 2003 – begin document updates and policy revisions

Timeline 2004 Spring 2004 – develop and complete general training CD Spring 2004 – train new KCC faculty on copyright Spring 2004 – begin compliance checks on media copying Summer 2004 – complete distribution of the CD Summer submit Library Services & Technology Act grant to produce faculty training CD Summer 2004 – follow-up with KCC departments to ensure tasks are complete

Where is Copyright Defined? The current truth about copyright, is contained in Title 17 of the US Code. Title 17 of the US Code Digital Millennium Copyright Act (DMCA) Technology, Education, and Copyright Harmonization (TEACH) Act Technology, Education, and Copyright Harmonization (TEACH) Act

Why is Copyright Important? Without understanding copyright law faculty members, media, and the college are at risk for engaging in illegal copying. Although copying a work without obtaining permission may appear to be an easy and convenient solution to an immediate problem, such unauthorized copying can frequently violate the rights of the author or publisher of the copyrighted work.

An individual educator may… Make single copies of: a chapter of a book an article from a magazine or newspaper short story, short essay, or short poem Make multiple copies for classroom use (not to exceed one copy per student per course): a complete poem of less than 250 words, an excerpt, not to exceed 250 words, from a longer poem, a complete article, story or essay of less than 2,500 words

An individual educator may not… Copy more than one work or two excerpts from a single author during one class term Copy more than three works from a collective work or periodical volume during one class term Make multiple copies of more than nine works for distribution to students in one class term Put a material on library reserve for more than one semester without paying copyright Convert one a/v format into another a/v format without permission Show privately taped programs more than once and repeated once for reinforcement within ten "teaching days" of the broadcast. Personal tapes may be retained for forty-five calendar days from the date of the broadcast

Applying Fair Use Fair use can only be determined on a case-by-case basis. A checklist can help When in doubt regarding fair use, you should ask the owner of the copyright for permission or consult with your college’s copyright officers.

Examples of Fair Use For Fair Use One or few copies made No similar product available The item does not impact the market. Up to three articles may be used from the same journal issue in one semester. Against Fair Use Using an article for an extended period (e.g., over 3 terms) Using a work of fiction Use is for personal use, entertainment, and/or profit KCC does not own an original copy of the work

Internet Materials Materials posted on the Internet are assumed to have copyright protection. Be aware that faculty web page materials, while protected by copyright, are subject to use by anyone/anywhere. Per TEACH, KCC requires the following notice should be included on materials distributed online: “The materials on this course web site are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated. Further Information regarding KCC's copyright policy is available at

Use of Electronic Articles/Web Pages To best ensure copyright compliance, link to the original source rather than creating a copy of your own (e.g., retyping or scanning). Subscription to databases such as article services provide copyright permission as part of their fee structure. A key component of such an article is the requirement of a password to access the text. Ask your library for resources. Web links should reference the page sponsor to provide appropriate credit.

Internet Citations Sample MLA subscription database article Dillion, N. “Recording Industry Casts Wide Net in Crackdown on Illegal Music Swapping.” Daily News 25 July, Newspaper Database. EBSCO. Kankakee Community College. 16 October Sample MLA webpage link Brook, Kevin Allen. “Introduction to the History of Khazaria.” The American Center of Khazar Studies. 29 October Sample MLA webpage link “ Dr. Angela Benson’s ePortfolio.” University of Illinois. 29 October

DMCA in the Classroom The Digital Millennium Copyright Act (DMCA) revises the terms on which faculty, librarians, students, and staff may use , websites, and other technology at the university.Digital Millennium Copyright Act (DMCA) DMCA alters library services, research, website development, distance education, and Internet access. Establishes guidelines for the removal by ISPs of material from the Internet that appears to be an infringement upon the knowledge by the ISP.

Copyright in the News Dillion, N. “Recording Industry Casts Wide Net in Crackdown on Illegal Music Swapping.” Daily News 25 July, Newspaper Database. EBSCO. Kankakee Community College. 16 October Phan, M. “Music Industry Targets 261 Online Music Swappers with Lawsuits.” Newsday,(Melville, NY), 10 September, Newspaper Database. EBSCO. Kankakee Community College. 16 October Becker, R. “Chicago-Area University Gets Subpoena Seeking Music Pirates.” Chicago Tribune, 17 July Newspaper Database. EBSCO. Kankakee Community College. 16 October Becker, R. & A. Rozas “Loyola releases two student names to RIAA.” Chicago Tribune, 15 July Newspaper Database. EBSCO. Kankakee Community College. 16 October To read the articles, you need access to the EBSCO: Newspapers Database.

TEACH in the Classroom The Technology, Education, and Copyright Harmonization (TEACH) Act attempts to improve upon some of the restrictive nature of the DMCA.Technology, Education, and Copyright Harmonization (TEACH) Act TEACH facilitates the use of copyrighted materials in digital online education efforts without having to obtain prior permission from the copyright owner.

TEACH in the Classroom What is involved: Performances of nondramatic literary/musical works or Performances of reasonable portions of any other work or Display of any other work in an amount comparable to that typically displayed in a live classroom setting Conversion of analog materials to digital format: No digital version available to the institution The available digital version is not technologically protected to prevent TEACH Act use

Alternative Forms of Delivery Linking to the article/webpage LRC Reserves Course Packs

Final Thoughts You are responsible for your own compliance with copyright policies. It is assumed that a work is copyrighted. If you want to use a work: Determine whether the work is protected by copyright. Use the Fair Use Checklist to see if the work is in compliance with "fair use" and the TEACH Act. Obtain permission from the author/publisher. Find an alternative source. Send URLs to resources rather than the works to others. When in doubt, ask your college’s copyright officers.

Additional Information Resources PowerPoint Jeffrey O. Bathe Donna J. Smith