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POLICY 03:16:01

USE OF COPYRIGHTED MATERIALS

Purpose

It is the intent of the college that all college members adhere to the provisions of the United States Copyright Law (Title 17 of the United States Code) and this policy. The following statements and guidelines apply to anyone at the college who wishes to reproduce, alter, distribute, display, or perform works that are protected by copyright. Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection nor is the encircled “c” symbol.

Copyright protection applies to a variety of creative works: printed materials, sound recordings, video recordings, visual artworks, streaming audio and video, slides and photographs, computer software, and others.

Members of the college community who willfully disregard the copyright policy do so at their own risk and assume all liability.

Supplemental information about copyright is available in the Pellissippi State Libraries’ collections. Librarians may be able to provide guidance and assist in researching problems not specifically addressed in this policy. Librarians who are not attorneys licensed by the state of Tennessee may not provide legal advice to members of the College.

Guidance for using works protected by copyright can be found in the Libraries’ Copyright Research Guide (https://lib.pstcc.edu/copyright) which includes helpful information about topics such as:

  • Fair use, including provisions of the TEACH Act
  • Creative Commons licenses
  • Works in the public domain
  • Obtaining copyright permissions
  • Use of copyrighted works in the classroom, the learning management system, student assignments, and training programs
  • Public performance rights
  • Supplemental information about copyright in the Libraries’ collection and on the Internet.

 

  1. What is Copyright?
    1. Definition
  2. Computer Software and Information Technology
    Keep in mind that any information or work accessible using information technology has the same copyright protection as a work in a traditional print format. So, the content of a commercial database, text and images found on the Internet, web pages, and even e-mail messages are potentially copyrighted works and should not be used without the permission of the copyright holder or used only within the guidelines of the Fair Use Doctrine or any negotiated licensing agreement.
    The college negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use. These arrangements provide the college community with efficient access to computer programs that support the curriculum, while assuring the copyright owner a fair royalty.
    Software products that are not licensed to the college may also be used. However, copying is strictly limited except for backup purposes. When the software is transferred from the original to a data storage device, the backup copy is not to be used as long as the other copy is functional. Employees of the college are expected to use software in compliance with the licensing agreement.
    Copyright law is acknowledged to be inadequate in relation to the complexities of software use. EDUCAUSE, a nonprofit organization that supports the use of technology in education, launched the EDUCAUSE Software Initiative, which developed a statement of principle, called the EDUCOM Code, intended for adaptation and use by individual colleges and universities. Its text is reproduced in-part below:

    1. The EDUCAUSE/Code – Software and Intellectual Rights
      Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.
      Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.

Sources:

Copyright Act of 1976
Digital Millennium Copyright Act of 1998

Approved: President Allen G. Edwards, February 1, 2000
Approved: President Allen G. Edwards, February 28, 2005
Editorial Changes, July 1, 2009
Reviewed/Recommended: President’s Staff, October 4, 2010
Approved: President Allen G. Edwards, October 4, 2010
Reviewed/Recommended: President’s Council, January 25, 2016
Approved: President L. Anthony Wise, Jr., January 25, 2016
Reviewed/Recommended: President’s Council, June 27, 2022
Approved: President L. Anthony Wise Jr., June 27, 2022