1.8 Copyright Policy

Introduction

The federal copyright law (Title 17, United States Code) governs the making of photocopies or reproductions of copyrighted material. It is the intent of the Alexandria Technical & Community College to comply with this federal law. The policies and procedures set forth in this policy shall govern the copying in any form of copyrighted materials by any employee of Alexandria Technical & Community College or use by any employee or student, of any equipment owned by the Alexandria Technical & Community College in the copying or reproduction of such materials in whole or in part.

General

All federal copyright laws shall be complied with by all employees and agents of the Alexandria Technical & Community College. No college employee shall violate the copyright law. Copyrighted material whether in the form of written publications, films, video or audio tapes, computer disks, photographs, phonograph recordings, or in any other copyrighted form may not be copied or otherwise reproduced without the written consent of the copyright owner or authorized agent, except as allowed below under the fair use doctrine.

Reprographics Department

Personnel working in the Reprographics Department shall not violate this policy and have the specific authority to reject copying projects if in their opinion the project would involve a violation. In the event the requestor disagrees with the Reprographics Department personnel's opinion, the matter may be brought to the college official designated as the "responsible official".

Use of Materials in Class

No material that has been copied in violation of this policy or the copyright law may be used in any way in any class or activity sponsored by the college. No student assignment may be given that reasonably could be expected to result in copyright violations by students.

Software

Software may not be located in any computer hard drive or used in any college computer if that software has been copied in violation of the copyright law or if the person responsible for the computer in question knows or should have known the software was so copied.

Video and Films

College equipment may not be used to duplicate any videotape unless the copyright owner has consented to the copying in writing. Videotapes or films that have been copied in violation of the copyright law may not be used in any class or college-sponsored activity.

Downlink

No televised production received through the college's downlink facilities may be copied or otherwise used in violation of the copyright law. The director of the Learning Resource Center, along with the responsible official, shall be responsible for monitoring compliance with this paragraph.

Bookstore

The Bookstore may not sell or distribute material that has been reproduced in violation of the copyright law. Fair Use

The federal law allows certain lawful use to be made of copyrighted material by instructors for classroom use. Under this doctrine, an instructor may make a single copy of the following for use in teaching, preparing for a class, or scholarly research:

  • a single chapter from a book;
  • an article from a periodical or newspaper;
  • a short story, short essay, or short poem, whether or not from a collective work; or
  • a chart, graph, diagram, cartoon, or picture from a book, periodical, or newspaper;
  • a short excerpt (up to 10 percent) from a performable unit of music such as a song, movement, or section, for study purposes.

The doctrine allows multiple copies to be made of the following for classroom use:

  • a complete poem if less than 250 words and printed on not more than two pages;
  • an excerpt of up to 250 words of a longer poem;
  • a complete article, story, or essay of less than 2500 words;
  • an excerpt from a prose work of up to 1000 words or 10 percent of the work, whichever is less; or
  • one graph, diagram, drawing, cartoon, or picture per book or per periodical issue;
  • an excerpt of up to two pages of "special works" containing words and pictures; or up to 10 percent of a performable unit of music (song, movement, section) for academic purposes other than performance.
  • Individuals may make a single recording of student performances for evaluation, rehearsal, or archival purposes.
  • Individuals may make a single recording of oral exercises or examination questions using excerpts from copyrighted materials.
  • Individuals may make an emergency replacement copy to substitute for a purchased copy that is not available for an imminent musical performance.

In order to legally make multiple copies as outlined in the last paragraph, the following two additional conditions must be met:

  • the copying must be at the instance and inspiration of the individual instructor; and
  • due to the inspirational nature of the copying, insufficient time exists to obtain permission from the publisher.

Single or multiple copies may NOT be made:

  1. to create or replace an anthology;
  2. of consumable works such as workbooks, exams, and answer sheets;
  3. to substitute for purchase of books, publishers' reprints, or periodicals;
  4. at the direction of higher authority;
  5. of the same item by the same instructor from term to term; or
  6. to be provided to students at a cost greater than the actual cost of photocopying;
  7. to utilize more than nine instances of multiple copying per course, per term;
  8. to copy more than one short work or two excerpts from one author's work in any one term;
  9. to employ a successful use of multiple copying developed by another instructor without securing permission from the copyright owner;
  10. to make copies of music (or lyrics) for performance of any kind in the classroom or outside of it, with the imminent musical performance; exception noted above; or
  11. to copy protected materials without inclusion of a notice of copyright.

As an overall principle, fair use does not count if the copying of the material could reasonably be said to have resulted in the loss of the sale of even one copy of the copyrighted work.

If any employee is found to have violated this policy, appropriate disciplinary action will be taken against the employee. This action will be in accordance with contractual language college policy addressing disciplinary action.

Off-Air Video Recording

A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a non-profit educational institution for a period not to exceed forty-five (45) calendar days after the date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.

Off-air recordings may be used once by individual instructors in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction during the first ten (10) consecutive school days in the 45 session days--not counting weekends, holidays, vacation, examination periods, or other scheduled interruptions--within the 45 calendar day retention period.

Responsible Official

The college president will designate the responsible official under this policy. She/he has the overall responsibility for monitoring compliance with this policy. In addition, she/he has the authority to resolve disputes between and among employees concerning interpretation of this policy and the copyright law as applied to a specific situation.

Notice Requirement

The responsible official shall cause the following notice to be posted in a conspicuous place near each copy machine in the school.

NOTICE

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

The person using this equipment is liable for any copyright infringement.

Effective Date

This policy is effective February 1, 1992.

Approved by: ATCC Leadership Council
Effective Date: 3/16/06
Last Date Revised: 3/16/06