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Copyright Compliance Policy

Purpose

It is the purpose of this policy of the University of Dallas to ensure that all faculty, staff, and students comply with the United States copyright laws. These laws apply to all types of copyrighted materials, whether in print, digital, electronic, or other forms.

The purpose of this policy is:

    1. To ensure that all members of the University community have an understanding of the U.S. copyright laws
    2. Encourage compliance with these laws

Definitions

Copyright – A copyright is a legal designation that gives the creator or owner of a creative work the sole right to publish, sell, or disseminate that work, including reproduction and payments for reproductions.

Copyright infringement – unauthorized use of copyrighted materials in a way that violates the U.S. Copyright laws.

Fair Use – section 107 of the U.S. Copyright law gives exceptions for the use of a copyrighted work for criticism, comment, news reporting, teaching, scholarship, and/or research.

U. S. Copyright Law

What is protected by copyright?
Virtually any "original works of authorship" is automatically protected by the copyright laws. Works of authorship include the following categories:

    1. Literary works
    2. Music works (including any accompanying words)
    3. Dramatic works (including any accompanying music)
    4. Pantomimes and choreographic works
    5. Pictorial, graphic, and sculptural works
    6. Motion pictures and other audiovisual works
    7. Sound recordings
    8. Architectural works1

What does copyright protect?
The U.S. Copyright laws grants exclusive rights to the copyright holder to reproduce, distribute, perform or display their works; to benefit (both monetarily and otherwise) from their works; to make a derivative work, such as a movie from a book; the right to include works in collections or journal; and the rights of attribution and integrity of visual art.

Fair Use
The fair use clause of the U.S. Copyright law gives exceptions for the use of copyrighted materials in certain circumstances. These circumstances include criticism, comment, news reporting, teaching, scholarship, and/or research.2

There are four factors that should be evaluated when determining fair use:

    1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
    2. The nature of the copyrighted work
    3. The amount and sustainability of the portion used in relation to the copyrighted work as a whole
    4. The effect of the use upon the potential market for, or value of, the copyrighted work.

The fair use guidelines do not set specific amounts or instances on these four factors of determining fair use. Likewise, the U.S. courts have not given direction on how these factors can and should be interpreted. Fair use requires a very specific analysis as to whether a particular use of a work may be considered fair use.

Digital Millennium Copyright Act (DMCA)
The DMCA of 1998 aims to protect electronic information in commerce, communications, research, development, and education. The law addresses major issues not addressed by the U.S. Copyright law, such as:

Technology, Education and Copyright Harmonization Act (TEACH Act)
Passed in 2002, the TEACH act made provisions specifically for online distance education and course management systems. Under the TEACH act:

The TEACH act does not, however, supersede fair use guidelines or existing licensing agreements with digital repositories or databases.

University of Dallas Policy

All University of Dallas faculty, staff, and students must abide by the laws set out in Title 17 of the United States Code. Unauthorized use, duplication, or distribution of copyright protected material is prohibited.

The Copyright and Intellectual Property Committee addresses questions and disputes regarding copyright and intellectual property. The duties of the committee include, but are not limited to, working with the Copy Center to help provide faculty, staff, and students with the means to respect the copyright of others, creating and maintaining materials to educate faculty and students on the use of copyrighted material, informing faculty and students of changes in copyright and intellectual property legislation.

As set forth and in accordance with the requirements of the Digital Millennium Copyright Act (DMCA), suspected copyright infringement notifications will be reviewed by the University Committee on Copyright and Intellectual Property, the University President and/or Provost, the Dean of the College or School of the suspected copyright infringement, and/or University Counsel.

Allegations of copyright infringements within the University of Dallas community should be sent to:

University Committee on Copyright and Intellectual Property
Office of the Provost
1845 E. Northgate Drive
Irving, TX 75062

Review and End Date

The policy is in effect until May 31, 2014. Prior to that date the policy will be reviewed. Following the review the policy will be extended or modified.

 

1 Title 17 of the United States Code, Chapter 1: Subject matter and scope of copyright.

2 Fair use clause (section 107, title 17 of the United States Code).

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