Copyright Policy

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TBR Policy Reference: 5.01.06.00

Approved by: President's Cabinet

Original Date Effective: 2024-01-08

Last Modified:

Purpose:

Jackson State Community College requires that all college personnel and students adhere to the provisions of the United States Copyright Law (Title 17, United States Code), the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002, and the Digital Millennium Copyright Act of 1998. These laws apply to anyone at the College who wants to reproduce, alter, or perform works that are protected by copyright. Examples of these works include printed materials, sound recordings, video recordings, visual art, computer software, and multimedia.

Items Addressed in this Policy:

  1. Basic Copyright Principles
  2. Public Domain Works
  3. Copyright Permission Exemptions
    1. Fair Use Exemption
    2. Face-to-Face Teaching Exemption
    3. Distance Learning Exemption - TEACH Act
    4. Library Exemption
  4. The Digital Millennium Copyright Act
  5. Obtaining Permission to Use Copyrighted Materials
  6. Copyright Ownership of Faculty-Developed Materials
  7. Photocopying of copyrighted materials
  8. Intellectual Property
  9. Copyright Infringement

Basic Copyright Principles:

Scope: Copyright applies to works that have been fixed in a tangible medium such as books, photographs, architectural drawings, music, drama, sculpture, motion pictures, electronic media, software, multimedia works, and some databases.

The Law: Copyright law protects the creators of original works. The owner of a copyright has the exclusive right to do and/or authorize others to do such things as:

  1. Make copies
  2. Distribute the work
  3. Display the work
  4. Perform the work publicly
  5. Create other works based on the original work (derivative works) The law balances the owner’s rights with the others’ needs to use copyrighted material for “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” (§107. Limitations on exclusive rights: Fair use, Title 17 of the United States Code).
  6. Registration: Registration is not required to obtain a copyright, though registration may be required to enforce a copyright in federal courts. Works published after 1989 are protected even without having a copyright notice on them. If in doubt, assume that copyright applies.
  7.  Penalties: The penalties for copyright infringement include civil and criminal penalties and can be costly. Under the copyright laws, a court may award up to $150,000 for each separate willful infringement. The College may also impose severe penalties for not respecting the copyrights of others.

Public Domain Works:

Works in the public domain may be freely used. Examples include

  1. Works published by the federal government, but not state and local governments
  2. Databases of facts
  3. Works published before 1923

Other works may eventually fall into the public domain. Examples include

  1. Works published from 1923 through 1978 are protected for 95 years from the publication date, if proper copyright formalities were followed.
  2.  Works published since 1978 generally have copyright protection for the life of the author plus 70 years. 

Copyright Permission Exemptions:

Educators must obtain permission from the copyright owner to copy, distribute, display or perform a copyrighted work unless its usage falls in one of these exemptions

  1. Fair Use Exemption - The Fair Use Doctrine allows limited use of copyrighted materials for educational and research purposes without permission from the owners. It is not a blanket exemption. Instead, each proposed use must be analyzed under the following four-part test. Educators must answer “yes” to the questions below to be covered under “fair use” in face-to-face classroom teaching:
    1. Is the use for a nonprofit purpose?
    2. Is the work factual rather than imaginative?
    3. Is a small amount of the material used?
    4. Will the use of the material NOT affect its market value or the purchasing of the material?
  1. If the answer to all questions is “yes,” the educator mayconsider using the material in face-to-face teaching without obtaining permission of the copyright owner. Since the answers to the test are somewhat subjective, it is possible that two reasonable people could reach opposite conclusions. In such cases, a court may refuse to award damages if the infringer reasonably believed that the use was fair.
  2. If there is any doubt whatsoever, the educator should seek permission.
  3. Face-to-Face Teaching Exemption -The Copyright Act permits the performance or display of copyrighted materials during face-to-face teaching activities without getting the author’s permission. This exemption does not permit copying or distributing a work – only displaying or performing it.
  4. Distance Learning Exemption - TEACH Act - The Technology, Education, and Copyright Harmonization (“TEACH”) Act of 2002 amended the copyright law to extend the face-to-face teaching exemption to online classes in a limited way provided the College meets certain requirements. When these are met, performances of entire non-dramatic works and reasonable and limited portions of any other performance or audiovisual work may be transmitted without obtaining copyright permission. Below are the College’s requirements.
    1. The College must (per Joe Giampapa, Assistant General Counsel for Technology Transfer, Tennessee Board of Regents, January 23, 2003)
      1. to the extent technologically feasible, limit courseware reception to students officially enrolled in the class for which the material was intended;
      2. take reasonable measures to prevent students who receive the transmitting material from retaining it beyond the class session and from redistributing the works to others;
      3. assure the material does not remain in accessible form on the student’s computer;
      4. not interfere with or defeat any retention/distribution protection means incorporated into the work by the copyright owner;
      5. provide students, faculty and staff with information that:
        1. describes and promotes compliance with copyright law
        2. provides notice that courseware material may be protected;
        3. sets forth institutional policies on copyright.
      6. Distance Education and the faculty must:
        1. Limit access to enrolled students.
        2. Include a statement to students that “material used in connection with the course may be subject to copyright protection.”
        3. Limit the time students have access to the material to the duration of a class session.
        4. Take reasonable precautions to ensure students cannot make unauthorized reproductions.
        5. Not interfere with restrictive management systems embedded in the material to regulate storage or dissemination of the works.
        6. Not keep the copyrighted content “on the system or network” and available to students “for a longer period than is reasonably necessary to facilitate the transmissions for which it was made.”
        7. Store content for future use outside the reach of students.
        8. Have limited long-term retention of copies for future use if the content is stored outside the reach of students.
      7. The faculty must ensure that the materials being transmitted are:
        1. An integral part of the class experiences controlled by or under the direct supervision of the instructor
        2. Available only for a period analogous to a “class session.” The National Association of College and University Attorneys (NACUA) states “the length of an asynchronous “class session” varies from student to student.
        3. Directly related and of material assistance to the teaching content
        4. Must not copy or transmit materials that are specifically marketed for and meant to be used by students outside of the classroom in the traditional teaching model.
        5. Must not transmit textbooks and other materials “typically purchased or acquired by the students’ enrolled.
        6. May convert analog materials to digital format if: It meets the Section 110(2) requirements of the copyright law; A digital version of the work is not available; or, the digital version has technological restraints in place that prevent transmission.

Library Exemption

    • Library Exemption for Reproduction of Copyrighted Works Copyright laws provide certain exemptions for libraries and archives to reproduce copyrighted works.
    •  Course Reserves - Print
      1. The library will accept photocopies of articles from professors who want to place them on reserve for one semester. The instructor and librarian should discuss whether the copyright holder’s permission should be obtained to place them on reserve for succeeding semesters.
      2. Faculty may place course textbooks on reserve.  The books may only be used in the Library.                                                                                                                                        Students may not photocopy more than 10% of the book. The textbooks are designed for students whose books have not come yet or for students whose financial aid has not arrived for them to purchase the books.  In addition, students may have left their textbook at home and wish to study in the Library. The textbooks are not designed to replace the need to purchase the textbook.
      3. Faculty may also place other print and non-print materials on reserve, such as Library books or personal copies of books or DVDs.
    • Course Reserves – Electronic
        1. Electronic files owned by the JSCC Library, including books, video, and music, may be placed into an electronic reserve (e-reserve) according to copyright principles and the library’s license agreements.
      • Interlibrary Loans
        1. Interlibrary loan practices are authorized under section 108 of the Copyright Act. The JSCC Library has an interlibrary loan policy  https://www.jscc.edu/library/library-services/interlibrary-loan.html
        2. Materials borrowed may not substitute for acquiring books or periodical subscriptions.
        3. A Library patron may request up to five articles from a single periodical per year from issues published in the past five years.
        4. All interlibrary loan requests must include a copyright compliance statement from the requesting library.  A copyright statement must also be placed on the item(s) received.
        5. Libraries must keep records of all filled requests for three calendar years after the request has been generated.

  The Digital Millennium Copyright Act of 1998 (DMCA):

The DMCA provides limited protection for Internet Service Providers, such as the College, from the infringing acts of their users. It also prohibits unauthorized access to a copyrighted work by circumventing technology put in place to protect that work. (https://www.ala.org/advocacy/copyright/dmca)

Regarding the College, the DMCA:           

  1. Makes circumventing software anti-piracy measures a crime.
  2. Outlaws code-cracking devices used to illegally copy software.
  3. Permits the cracking of copyright protection devices for research and testing computer security.
  4. Exempts the library and the College from anti-circumvention provisions in certain circumstances.
  5. Limits the College from copyright infringement liability for simply transmitting information over the Internet.
  6. Requires the College to remove material from users’ web sites that appears to constitute copyright infringement.
  7. Limits College liability for copyright infringement by faculty.
  8. Requires that “webcasters” pay licensing fees to record companies.

To fulfill the requirements of the DMCA:

  1. The College has designated the Catalog and Reference Librarian as the agent to receive notification of claimed infringement from copyright owners.
  2. The College policy, “Information Technology Acceptable Use Policy,” contains more specific DMCA-related information. https://www.jscc.edu/jwebdata/policies/policy.php?id=63

Obtaining Permission to Use Copyrighted Materials:

Asking permission to use copyrighted materials is ALWAYS appropriate. Use the National Association of College Stores form at http://www.nacs.org/common/copyright/permissionrequest.pdf or include the following information in a letter:

  1. Name and address of the copyright holder or distributing body (publisher, producer, organization, etc.).
  2. Detailed description of educational use including number of copies to be made, if applicable
  3. Title, author, or editor; copyright or publication date, and book edition or journal volume and issue
  4. Method of distribution (free or sale, classroom, course pack, long-term reserve in library, etc.)
  5. Type of reprint (digital, photocopy, scanned, etc.)
  6. Your name, title, institution, address, daytime phone number with area code, fax number, and e-mail.
  7. A form describing the use, with blanks for the copyright holder’s signature, printed name, title, institution, and date may help expedite the permission.

Copyright Ownership of Faculty-Developed Materials:

It is the policy of the College to:

  1. encourage inventions, discoveries, and the production of copyrightable materials by members of the academic community;
  2. facilitate the utilization of such discoveries and materials to the benefit of the public, the College, and members of the College community; and provide for the equitable sharing of any proceeds derived from the commercial exploitation of inventions, discoveries, and copyrightable materials in which the College has an interest.

The basic factors to be considered in establishing the responsibility for the utilization of any invention, discovery, or copyrightable materials and sharing of the proceeds are as follows:

  1. The College’s sponsorship of the project leading to the discovery or development of materials.
  2. Significant use of the College’s facilities, services, or equipment (excluding libraries) in the discovery or production process.
  3. The sponsorship of the project through the College by agencies or persons outside the College.
    1. In the event that any one of these factors exists, the College shall have an interest in the invention, discovery, or copyrightable materials.
  4. Title to all inventions, discoveries, or copyrightable materials developed solely through individual initiative or personal time, and not involving assignment or the significant use of institutional facilities or services (libraries excluded), shall be vested in the employee producing the patentable or copyrightable materials. Significant use of institutional facilities, services, or equipment shall be defined to include a cost to the institution in the amount of $1,000 or more (in constant 1982 dollars).
  5. For additional information regarding patents and copyrights, refer to TBR Policy No. 5:01:06:00.

Photocopying of Copyrighted Materials:

Compliance with copyright laws and regulations will be the responsibility of each individual.

Due to concern on the part of the publishers relative to what they perceive as unauthorized photocopying of their copyrighted materials, the Association of American Publishers and the National Association of College Stores produced a booklet that was intended to aid in conforming to the requirements of the United States Copyright laws. Here are some excerpts from that booklet:

  1. “Reproduction of copyrighted material, without prior permission of the copyright owner, particularly in an educational setting, is an issue of concern for the academic community. Unfortunately, the impropriety of much unauthorized copying is all too often overlooked by users in an educational setting.
  2. “Although copying all or part of a work without obtaining permission may appear to be an easy and convenient solution to an immediate problem, such unauthorized copying can frequently violate the rights of the author or publisher of the copyrighted work, and be directly contrary to the academic mission to teach and for the intellectual property which expresses those ideas.
  3. “The absence of a copyright notice does not mean that the work in question may be freely copied.
  4. “Civil and criminal penalties may be imposed for copyright infringement. Civil remedies include an award of monetary damages (including substantial statutory damages, which in cases of willfulness after March 1, 1989, may total up to $100,000 per work infringed, or actual damages, including the infringer’s profits), an award of attorney’s fees, injunctive relief against future infringement and the impounding and destruction of infringing copies and the plates or other articles used in making such copies.”
  5. “There shall be no copying of or from works intended to be ‘consumable’ in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.”

Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institute with Respect to Books and Periodicals

  1. Multiple Copies for Classroom Use: 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:
  2. The copying meets all tests of brevity and spontaneity as defined below.
  3. The copying meets the cumulative effect test as defined below.
  4. Each copy includes a notice of copyright.

Definitions:

  1. Brevity: (Each of the numerical limits stated in “1” and “2” below may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)
    1. Poetry:
      1. A complete poem if less than 250 words and if printed on not more than two pages; or
      2. From a longer poem, an excerpt of not more than 260 words.
    2. Prose:
      1. Either a complete article, story or essay of less than 2,500 words; or
      2. An excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.
  2. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue
  3. “Special” works: Certain works in poetry, prose or in a “poetic prose” which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Such “special works” may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof may be reproduced.
  4. Spontaneity: The copying is at the instance and inspiration of the individual teacher.
    1. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
  5. Cumulative Effect: (The limitations stated in “b” and “c” below shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)
    1. The copying of the material is for only one course in the school in which the copies are made.
    2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
    3. There shall not be more than nine (9) instances of such multiple copying for one course during one class term.

Prohibitions: Notwithstanding any of the above, the following shall be prohibited:

  1. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or are reproduced and used separately.
  2. There shall be no copying of or from works intended to be “consumable” in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
  3. Copying shall not:
    1. Substitute for the purchase of books, publisher’s reprints or periodicals;
    2. Be directed by higher authority; or
    3. Be repeated with respect to the same item by the same teacher from term to term.          
    4. No charge shall be made to the student beyond the actual cost of the photocopying.

Intellectual Property:

Texts and other instructional materials authored by Jackson State employees may be considered for adoption provided the materials meet all standards determined by the department and the use of such materials complies with TBR Policy 1.02.03.10 “Conflict of Interest”.

Jackson State authors will also follow guidelines set forth in TBR Policy No. 5:01:06:00, “Intellectual Property.”

Copyright Infringement:

In compliance with the Digital Millennium Copyright Act  (https://www.ala.org/advocacy/copyright/dmca),  Jackson State Community College has appointed Sylvia Row, Catalog and Reference Librarian, as the College's agent to receive notification of claimed infringement from a copyright owner.

The Act requires the complainant to include certain information in a complaint.  The complainant should provide information to:

Attention: Sylvia Rowe, DMCA Agent
Jackson State Community College
2046 North Parkway
Jackson, TN 38305
PH: (731) 425-2609
FAX: (731) 425-2625
Email:  srowe1@jscc.edu

The registered DMCA agent will receive all claims of infringement. The registered DMCA agent will coordinate activities, keep records required to track repeat offenses, and assure proper closure of all incidents. Claims may come from inside or outside the College. In notifying the college of alleged copyright infringement, the complainant must include the following information:

  1. a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
  2. a description of the infringing material and information sufficient to permit Jackson State Community College to locate the material;
  3. contact information for the complainant, including your address, telephone number, and/or email address;
  4. a statement by the complainant, signed under penalty of perjury, that the information in the notification is accurate and that the complainant has the authority to enforce the copyrights that are claimed to be infringed; and
  5. a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.

Failure to include all of the above-listed information may result in a delay of the processing of the complaint.

On receipt of an acceptably complete claim of infringement, DMCA (512) (g) requires the registered agent to direct prompt removal of material or removal of all local or wide-area network access to the material or activity claimed to be infringing (“take-down”).  This take-down must impact essential College activities as little as possible in effecting immediate compliance, and must arrange that College agents can restore the material or activity.

  1. The DMCA agent will take reasonable steps to promptly notify the complainant and the offending site holder of the take-down. This notice will specify information required to make a counter claim.
  2. If a person believes that the content was removed or disabled pursuant to a DMCA takedown notice by mistake, the person can contest the takedown by submitting a counter claim to the DMCA agent (srowe1@jscc.edu) within 5 business days after the take-down notice. Beyond the messenger role defined by the Digital Millennium Copyright Act, the College is not obligated to assist in counter claims involving materials or activities not essential to College missions.
  3. The counter-notice must include all the following information:
    1. The material alleged to be infringing, including its location.
    2. A statement by declaring under penalty of perjury that there is a good-faith belief that the material at issue was either misidentified or mistakenly removed.
    3. Name, address, and telephone number of the person making the counter claim.
    4. One of the following two statements:
      1. If the person making the counter claim is located within the United States: "I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent."
      2. If the person making the counter claim resides outside of the United States: "I consent to the jurisdiction of any United States federal district court where Jackson State Community College is located and will accept service of process from the person who provided the notice set forth above or their agent."
    5. A physical or electronic signature.
  4. The DMCA agent will review the counter-notice when it is received. If the counter-notice is complete and valid, the information that was provided will be sent to the person who filed the complaint. If a DMCA counter-claim is filed through the registered College agent, then the College will restore materials or access if both: (a) the College has not received notice of a court order regarding these materials or activities, in the manner and time that the law defines; and (b) if the registered College agent judges that the material does not pose significant legal risk which the College is unwilling to support, and that the material positively fulfills College missions and standards of acceptable use.
  5. Accurate records of each copyright infringement claim and counter claim will be maintained by the DMCA agent.
  6. Jackson State Community College will terminate the online privileges of users who infringe the copyright of others.

Sources/References:

Chattanooga State Community College. Academic Affairs - Chattanooga State Technical Community College - Acalog ACMSTM. (n.d.). https://catalog.chattanoogastate.edu/content.php?catoid=5&navoid=223&returnto=search

Conflict of interest: 1.02.03.10. (n.d.). https://policies.tbr.edu/policies/conflict-interest

Office, U. S. C. (n.d.). Copyright law of the United States (title 17) and related laws contained in title 17 of the United States code. Copyright Law of the United States | U.S. Copyright Office. https://www.copyright.gov/title17/

Intellectual property: 5.01.06.00. (n.d.). https://policies.tbr.edu/policies/intellectual-property

IT acceptable use. (n.d.). https://www.jscc.edu/jwebdata/policies/policy.php?id=63

“THE TECHNOLOGY, EDUCATION AND COPYRIGHT HARMONIZATION ACT OF 2002 (TEACH ACT).” NACUANOTES, 1.2, 10 Jan 2003.