Western Nevada College Policies

Policy 3-2-8: Use of Copyrighted Materials Policy

WNC Policy 3-2-8
Procedure:	Use of Copyrighted Materials Policy
Policy No.:	3-2-8
Department:	Academic & Student Affairs
Contact:	Vice President of Academic and Student Affairs
Policy:	It shall be the policy of Western Nevada College to observe and adhere to the provisions set forth in section 107 of the U.S. Copyright Act of 1976, and any subsequent revisions or additions, including the Digital Millennium Copyright Act and the Technology, Education, and Copyright Harmonization (TEACH )Act that impact the reproduction of copyrighted materials for educational purposes. . It shall also be the policy of Western Nevada College to observe and adhere to the provisions of the Higher Education Act of 2008 that prohibit the unauthorized distribution of copyrighted materials through illegal downloading or peer-to-peer distribution of intellectual property. Western Nevada College is not legally liable for the activities of faculty, staff, students, or community members who violate this policy.
Definition
Procedures
Obtaining Copyright Clearance
Institutional Plan
Regulations and Resources

Section 1: Definition
	A. Copyright is the legal protection of the work of an artist, author, musician, and other creators of intellectual works. Copyrighted material include audiovisual works, music, motion pictures, computer software, printed materials, material copied or downloaded from the Internet, and any other form of material that has been copyrighted under U.S. law. The reproduction of copyrighted material without the permission of the copyright holder is prohibited, unless the use or reproduction of that material falls under the guidelines of fair use.

B. Fair use is the copyright principle that allows limited reproduction of copyrighted materials without the permission of the copyright holder for educational, news gathering, research, scholarship, or teaching activities. Four factors determine whether or not the reproduction of the copyrighted material falls under the guidelines of fair use.

		1. The purpose and character of use.
			
2. The nature of the copyrighted material.
			
3. The amount of and the substantiality of the portion of material used.
			
4. The effect of the use upon the potential market for, or value of, the copyrighted work.
			
C. Additional information on determining if material is free of copyright restrictions, or falls under the guidelines of fair use, can be found in the copyright procedures document.

Section 2: Procedures
	A. All faculty, staff, and students of WNC shall comply with the provisions of the Copyright Law.

B. The faculty, staff, and students of WNC shall make a good faith effort to ensure that all materials used for courses, course related assignments, the college Web site, or college publications are copyright compliant.

C. WNC faculty or staff shall not require any individual in the college community to violate copyright law in order to fulfill a job duty or course related assignment.

D. All material put on the WNC Web site must be copyright compliant.

E. Any copyrighted material used in an official WNC publication must be copyright compliant.

F. Copyright warning notices must be prominently displayed on or near all copying equipment on WNC campuses and learning centers, college website, college class schedule, computer labs and libraries.

G. WNC computers or networks (including personal computers using the WNC computer network), photocopiers, DVD or video recorders, audio recorders, or any other copying equipment cannot be used to copy or download copyrighted material, unless at least one of the following conditions are met: the copyright holder has granted permission to use the material; the rights to use the copyrighted material have been purchased; or WNC has a copyright licensing agreement with the provider of the copyrighted material, such as a library database or an online periodical subscription.

H. Computer software cannot be downloaded, copied, or reproduced on WNC computers or networks, unless it is permitted in the software licensing agreement or is without any copyright restrictions.

I. Copyrighted digital media files (music, videos, television shows, etc.) cannot be downloaded, copied, or reproduced using WNC computers or networks, unless at least one of the following conditions are met: the permission of the copyright holder has been granted to use the material; the rights to use the material have been purchased from the copyright holder, a copyright licensing organization, or through a company that sells digital media files; or WNC has a licensing agreement with the provider of the copyrighted material.

J. Movies can be shown on campus if they fall under the fair use guidelines. If it does not fall under fair use, a copyright licensing agreement to show the movie must be purchased.

		1. Student clubs and organizations:
			a. May show movies on campus without paying a copyright licensing fee if the movie has a specific educational purpose and the group has a discussion of the movie facilitated by a faculty or staff member with experience or expertise in the subject matter relevant to the movie.
b. Must pay a copyright licensing fee if the movie is primarily for entertainment purposes, the movie is open to the public, or an admittance fee is charged.
c. If student clubs or organizations have any questions about showing movies on campus, or need to obtain copyright licensing information to show a movie, the group should contact the Office of Student Life.

2. Faculty and staff:
			a. May show movies on campus for educational purposes without paying a copyright licensing fee under the guidelines of fair use if the following criteria are met:

(1) The movie being shown must be relevant to the subject matter of the course.

(2) The movie is being shown in a space that is routinely used for instruction.

(3) The movie is only being shown to students officially registered for the class.

(4) If a movie is not being shown as part of a regular course, a faculty or staff member with expertise relevant to the movie topic must hold an educational discussion about the movie. Only WNC students and employees could attend the movie presented under these circumstances without paying a licensing fee.
b. If the movie is advertised outside of WNC, or an admittance fee is charged, it will be considered a public presentation and a copyright licensing fee must be paid.
c. If a faculty or staff member has any questions about showing a movie on campus the faculty or staff member should contact the Inventions, Copyrightable Materials, and Intellectual Property Committee.

K. The performance and broadcast of music on campus is prohibited unless a 

musical composition has entered the public domain or rights to use the music has been obtain from its creators. U.S. Copyright law grants the owners of copyrighted music the exclusive right to perform their music publicly. Others must first obtain permission from the music owners or from their licensing agents before performing or broadcasting their music. Copyright licensing may be required to play or broadcast music at sporting events, fitness centers, fairs, festivals, other special events such as orientation or graduation, musical attractions, music-on-hold, and other live or recorded performances or broadcasts. If you are in doubt as to whether your event requires licensing, contact the college's Inventions, Copyrightable Materials, and Intellectual Property Committee.

L. Any material submitted to the WNC Library for addition to the book or audiovisual collections, the reserve collection, or the electronic reserves collection must be copyright compliant. The library staff will determine if the material submitted meet those requirements. If the material is not copyright compliant, the library staff will attempt to get copyright clearance for the material.

Section 3: Obtaining Copyright Clearance
	A. Students who have concerns regarding copyright compliance on a class assignment should consult the faculty member who is teaching the course.

B. If faculty or staff are uncertain about the legality of reproducing copyrighted material, they should consult the Inventions, Copyrightable Materials, and Intellectual Property Committee.

C. The Inventions, Copyrightable Materials, and Intellectual Property Committee will, after reviewing the submitted material in question, determine if it is copyright compliant. If necessary, WNC will request the rights to use the copyrighted material from the copyright holder, the Copyright Clearance Center, or another copyright licensing organization.

D. Any fees charged to obtain the permission to use the copyrighted material will be paid by the department or division that requested permission for the use of the material.

E. Faculty or staff members who have questions about showing a movie on campus should consult the Inventions, Copyrightable Materials, and Intellectual Property Committee.

F. Student clubs and organizations that want to show a movie on campus should consult the Office of Student Life.

Section 4: Institutional Plan
	A. Pursuant to 34 CFR 668.14(b)(30), WNC has adopted the use of one or more technology-based deterrents to combat the unauthorized distribution of copyrighted material by users of the institution's network without unduly interfering with the educational and research use of the network.

B. WNC has established mechanisms through this and other policies for educating and informing the campus community about appropriate versus inappropriate use of copyrighted material.

C. WNC has procedures for the handling of unauthorized distribution of copyrighted material, including disciplinary procedures.

D. WNC will periodically review the effectiveness of this plan to combat the unauthorized distribution of copyrighted material by users of the institution's network using relevant assessment criteria.

Section 5: Regulations and Resources
	A. Final HEOA Regulations Issued October 29, 2009

§ 668.14 Program participation agreement.

(b) By entering into a program participation agreement, an institution agrees that--

(30) The institution--

(i) Has developed and implemented written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution's network, without unduly interfering with educational and research use of the network, that include--

(A) The use of one or more technology-based deterrents;

(B) Mechanisms for educating and informing its community about appropriate versus inappropriate use of copyrighted material, including that described in §668.43(a)(10);

(C) Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and

(D) Procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution's network using relevant assessment criteria. No particular technology measures are favored or required for inclusion in an institution's plans, and each institution retains the authority to determine what its particular plans for compliance with paragraph (b)(30) of this section will be, including those that prohibit content monitoring; and

(ii) Will, in consultation with the chief technology officer or other designated officer of the institution--

(A) Periodically review the legal alternatives for downloading or otherwise acquiring copyrighted material;

(B) Make available the results of the review in paragraph (b)(30)(ii)(A) of this section to its students through a Web site or other means; and

(C) To the extent practicable, offer legal alternatives for downloading or otherwise acquiring copyrighted material, as determined by the institution.

§ 668.43 Institutional information.

(a) Institutional information that the institution must make readily available upon request to enrolled and prospective students under this subpart includes, but is not limited to--

(10) Institutional policies and sanctions related to copyright infringement, including--

(i) A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;

(ii) A summary of the penalties for violation of Federal copyright laws; and

(iii) A description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution's information technology system

Selected Clarifying Text from NPRM Preamble Issued August 21, 2009

"The Department believes that some institutions may be able to effectively combat the unauthorized distribution of copyrighted material using only one of the four types of technology-based deterrents (bandwidth shaping, traffic monitoring, accepting and responding to DMCA notices, or a commercial product designed to reduce or block illegal file sharing) while others may need to employ a combination of such deterrents." (74 FR 42393, emphasis added)

"[T]he Department anticipates that individual institutions, national associations, and commercial entities will develop and maintain up-to-date lists that may be referenced for compliance with this provision [to offer legal alternatives]." (74 FR 42393)

"The Department will work with representatives of copyright holders and institutions to develop a summary of the civil and criminal penalties for violation of Federal copyright laws to include as part of the Federal Student Aid Handbook that an institution may use to meet this requirement [to provide such information to students]." (74 FR 42392)

Selected EDUCAUSE Resources

http://www.educause.edu/HEOA

http://www.educause.edu/Resources/Browse/LegalDownloading/33381

http://www.educause.edu/blog/sworona/189008
Date Adopted and Dates Revised
Date Adopted	September 2, 2008	Dates Revised	January 18, 2011
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URL: http://www.wnc.edu/policymanual/3-2-8.php
Date Printed: February 9, 2012
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