The Community College of Beaver County is committed to abiding by copyright law and ensuring the proper use of authors’ or creators’ works. The College permits copying only if it is permitted by copyright law, fair use guidelines, license agreements, or proprietor consent.
The Copyright Act of 1976 (Title 17 U.S. Code) grants authors, publishers, and creators control over the copying, distribution, and performance of their original works. The copyright law grants owners the sole right to allow others to reproduce all or part of their work, distribute copies of their work, prepare new versions of an original work, and to perform or display the work publically. Copyright law covers seven broad categories:
Copyright protection covers both published and unpublished works. The full text of the Copyright Law of 1976 can be read at http://www.copyright.gov/title/17. A printed version will be placed at the following locations on campus: Library Circulation Desk; Copy Center; Aviation Sciences Center Resource Room.
Digital Millennium Copyright Act (DMCA).
This act, enacted in 1998, amended the Copyright Law to address the illegal copying of copyrighted materials in digital format. Under the DMCA, the College is considered a “service provider,” i.e. provides network services; therefore, DMCA provides a “safe harbor” against institutional liability if certain procedures are complied with. These procedures are documented in College Procedure 5.03.001.006, Digital Millennium Copyright Act.
A copyrighted work may be used or copied under certain conditions:
Section 107 of the Copyright Act establishes “Fair Use” of copyrighted works in limited situations without the copyright owner’s permission in order to promote free speech and learning. Among some situations, including teaching, Section 107 establishes four basic factors in determining whether a use constitutes “Fair Use” under the law:
“Fair Use” may not be invoked for the following:
Reference Appendix A “Fair Use Checklist” to assist in determining fair use of a copyrighted work.
Photocopying Guidelines for Classroom Use
A single copy may be made of any of the following by a teacher for his/her scholarly research or use in teaching or preparation to teach a class:
Multiple copies, not to exceed more than one copy per pupil in a course may be made by the teacher for classroom use or discussion provided:
Public domain is a space where copyright protection does not apply. When copyrights and patents expire, these works fall into the public domain and may be used without permission. Included in the public domain are most US government documents, current news sections of periodicals, and works such as tables, formulas, etc. Writings with expired copyrights may be photocopied without restriction; writings published prior to January 1, 1978, and which have never been copyrighted, may be copied without restriction. All copyrights prior to 1906 have expired and may be photocopied freely.
Only a single copy of a copyrighted article or part of a work may be made for personal use unless permission has been granted to do otherwise. When requesting the use of copyrighted materials, sending complete and accurate information to the copyright owner will expedite the process. The Association of American Publishers recommends the following information be included to facilitate requests:
The request should be sent with a self-addressed return envelope, to the permission department of the publisher in question. The address of the publisher should appear at the front of the material; if not, it may be obtained from the Association of American Publishers, Inc., www.publishers.org, or www.copyright.com.It is important that you obtain permission in writing in order to define the scope of the permission. Allow enough lead time to obtain the necessary permission before the materials are needed. Do not ask for “blanket” permission; in most cases it will not be granted.
Reference Appendix B for additional resources for permission.
Several categories of materials are generally not eligible for copyright protection, including:
The penalty for copyright infringement can depend on how the suit was filed and when the infringed work was registered. Damages can be actual or statutory, with fines ranging from $750 to $30,000 per infringement. For complete information regarding potential liabilities and penalties, see chapter 5 of U.S. Copyright Law at www.loc.gov/copyright/title/chapter05.pdf. The College will not provide legal assistance to any individual for alleged copyright violations.
To enact the provisions of this procedure, the Manager of Learning and Library Resources, or its successor office, will ensure that Copyright warning notices will be placed at the following locations throughout campus: all copiers; all computers labs and computer classrooms; Library computer workstations, classroom, and Learning Lab.
Notice: Copyright Law of the United States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment for the purpose of copying is liable for any infringement. The full text of the Copyright Law can be viewed at http://www.copyright.gov/title/17 Also, a printed version is available at the following locations on campus: Library Circulation Desk; Copy Center; Aviation Sciences Center Resource Room.