Copyright Compliance Guidelines
This guide is intended to encourage and promote legitimate use of copyrighted material, regardless of the form or format in which it exists. This document provides descriptions of issues, guidelines, frequently asked questions and related sources for proper consideration of the intellectual property rights of others. These are provided to assist in understanding the acceptable use practices of electronic objects and media, as well as print media, as they relate to copyright compliance.Copyright
A copyright provides the rights and protections granted by the laws of the United States to the authors of "original works of authorship." By definition this consists of literary, musical (including accompanying words), dramatic (including accompanying music), sound recordings, motion picture, other audiovisual, pantomimes and choreographic, pictorial, graphic, sculptural, architectural and certain other intellectual works.Background
The 1976 Copyright Act generally provides the owner of a copyright the exclusive rights to reproduce a copyrighted work, prepare derivative works, distribute copies, perform publicly, or display a copyrighted work publicly. The Copyright Office of the Library of Congress registers these copyrights.top^
Unauthorized Copying and Distribution of Copyrighted Materials
Issue: Unauthorized Electronic Copying and Distribution of Copyrighted Materials
The motion picture, gaming, recording and software industries have legitimate objections to the unauthorized copying and distribution of copyrighted materials in electronic form. These complaints refer to works that are typically in the form of movies, games, music, TV programs, electronic books, etc. Making unauthorized copies of these materials is a COPYRIGHT INFRINGEMENT.
Complaints of violations should be sent to: firstname.lastname@example.org
Guideline: Do not download or share, using the Internet or other means, copies of unlicensed copyrighted items such as movies, games, music, television programs, electronic books, other programs and/or software. Downloading and making these copyrighted materials available to others through use of computing peer-to-peer software or other means is NOT allowed.
Guideline: Programs such as Kazaa, Morpheus, LimeWire, gnutella, and BearShare are used for file sharing. These programs AUTOMATICALLY make the files on your computer available to others on the Internet. You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-4357.
Issue: Illegally Copying Software on Electronic Media
The Federal Copyright law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy for "archival" purposes only. It is illegal to use that software on more than one computer or to make or distribute copies of that software for any other purpose, unless specific permission has been obtained from the copyright owner.
Guideline: When acquiring copies of software such as word processing, operating system, utilities, graphics software, games, music, etc. for personal or other use, always READ THE LICENSE AGREEMENT. Licensing agreements typically allow you to use the software on one machine only and allow one extra copy to be used for archival purposes.
Guideline: Do not make and/or use more copies than the number that you are allowed as stated in the license agreement. This applies to Microsoft Windows, MAC OS, applications programs, databases, utilities and other software used on computers. If you have access to software through your employment or for educational purposes, do not assume that you can make copies of the software without reading the license agreement to verify that you are legally permitted to do so.
Issue: Material accessible to the FSU community through networks, and materials disseminated from FSU, should not be restricted solely on the basis of content, or because of the origin, background, or views of those contributing to its creation. The University fully supports open access to electronic communication and information.
Guideline: Members of the University are free to communicate and access information through the use of electronic networks. However, University information technology or other resources may not be used in violation of copyright laws, University or governing board rules and policies concerning copyrights or the use of computer and information technology.
Guideline: Users of computers should retain proof of ownership of software and comply with the restrictions for use, including copyright limitations, that are provided in licensing documents or other prevailing agreements.
Am I A violator?
TEACH Act (for online course delivery)Issue: The TEACH Act amends Sections 110(2) and 112 of the Copyright Act of 1976 to give instructors at accredited nonprofit educational institutions greater flexibility to use third party copyrighted works in online course delivery. The bill permits the display and performance of virtually all types of works during online instruction without the consent of the copyright owner, provided that:
Guideline: These parameters are not broad enough to allow for entire hard copy textbooks to be digitized, nor will the new law apply to materials that are produced by the copyright owner for online instructional sales. But it does give institutions limited rights to retain the information and provide limited student access for review purposes. The TEACH Act also grants a limited right to digitize portions of an analog (printed text, hardcopy documents, pictures in original form, etc.) work for use in an online course if a digital version is not available.
Guideline: Institutions that want to take advantage of the TEACH Act must have copyright policies in place and must provide faculty, students, and staff members with information that "describes, and promotes compliance with, the laws of United States relating to copyright." The institution also must provide students with a notice that materials may be subject to copyright protection.
A comprehensive summary of the TEACH Act can be found at the American Library Association web site at http://www.ala.org/washoff/%20teach.html.top^
Issue: It is important to be aware of what is allowable regarding the copying of intellectual property for use by instructors and others. This applies to copying in Not-For-Profit Educational Institutions with respect to books and periodicals.
Single Copying for TeachersGuideline: A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation for each class.
Multiple Copies for Classroom UseGuideline: Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion provided that: The copying meets the tests of brevity and spontaneity as defined below; meets the cumulative effect test as defined below; and each copy includes a notice of copyright.
ProhibitionsGuideline: Notwithstanding any of the above the following shall be prohibited.
Will Faculty Members Who Assign Customized Course Anthologies, Or The Colleges At Which They Teach, Be Liable For Copyright Infringement?
Would I Infringe Someone's Copyright If I Were To Make Multiple Copies And Either Distribute Those Copies For free, Or Require Their Return After Use?
Can I Legally Copy A Work I Bought Without Infringing The Copyright?
What Are The Penalties For Copyright Infringement?
FSU Rules, Policies, Websites, etc.
OP-H-6 Use of University Information Technology Resources
Student Conduct Code, 6C2-3.004, Florida Administrative Code
The Teach Act of 2002: How the law affects online instruction
Florida Copyright Laws
Florida Computer Crimes Act, Chapter 815, Florida Statutes
Federal Copyright Laws
The Copyright Law of the United States of America, Title 17 United States Code
Infringement of Copyright Laws
The Digital Millennium Copyright Act
TEACH Act or Technology, Education, and Copyright Harmonization Act of
Other Copyright Sites of Interest
Timeline: A history of Copyright in the U.S.
The TEACH Toolkit
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