Human Resources

1. Literary works.
2. Musical works, including any accompanying words.
3. Dramatic works, including any accompanying music.
4. Pantomimes and choreographic works.
5. Picture, graphic and sculptural works.
6. Motion pictures and other audiovisual works.
7. Sound recordings.
8. Architectural works, including drawings, blueprints and the final structure.

1. Criticism, comment and news reporting.
2. Teaching, scholarship or research.
3. The nature of the copyrighted work:

a. Materials designed primarily for educational use i.e. textbooks and periodicals for students are less susceptible to claim of Fair Use than a general circulation item, such as a popular magazine.

b. The claim for Fair Use is greater in the case of factual works than for creative, original or fiction works.
c. Works that are more an act of diligence or compilation rather than originality i.e. a catalog, index, directory, are more open to a claim of Fair Use.
d. If a work is determined to be of an entertainment nature, it is less likely to a claim of Fair Use.

4. The amount and substantiality (extent) of the portion used in relationship to the copyrighted work as a whole:

a. This is considered both in terms of quantity and quality of what was reproduced.
b. In general, if the entire work was reproduced, a claim cannot be made for Fair Use.

• DMCA - Digital Millennium Copyright Act

• Signed into law October 28, 1998.
• Some benefits for teaching and research, but also many challenges
• Certain new exceptions for the benefit of Education and Libraries
• Reduces risk for Online Service Providers
• Recommends revision of the Law for Distance Education

• TEACH – Technology, Education and Copyright Harmonization Act

• Result of the recommendations given in DMCA
• Signed into law November, 2002.
• Allows cyber-classrooms to benefit from Fair Use provisions.
• Sets up qualifications and exceptions for Fair Use of certain performances of works if no more is used than would be used in a regular classroom.
• Requires an institutional policy to support distance education use.

1. Course-packs
2. Books, journals, other print sources
3. The College Web Site
4. Course related web pages
5. Video, film, sound recordings
6. Computer software
7. Intranet postings
8. Internet postings

a. IT policy 1901.2 HECN wide

9. Electronic databases and periodicals
10. Government publications
11. Photographs and other visual materials
12. Musical scores

1. A chapter of a book.
2. An article from a periodical or newspaper.
3. A short story, short essay or short poem, whether or not from a collective work.
4. A chart, graph, diagram, *cartoon or picture from a book, periodical or newspaper.

1. A complete poem if less than 250 words and if printed on not more than two pages.
2. An excerpt from a long poem, but not to exceed 250 words.
3. A complete article, story or essay of less than 2,500 words or an excerpt, not more than 1000 words, from a larger printed work not to exceed 10% of the whole, whichever of the preceding is less.
4. One chart, graph, diagram, *cartoon or picture per book or periodical issue.
5. Special works combining prose, poetry and illustration, but limited to no more than 10% of the total.
6. All preceding must bear the copyright notice.

1. Copying is made for one course only.
2. One work from a single author.
3. No more than three authors from a collective work.
4. No more than 9 instances of such multiple copying in one class term.
5. Copying shall not be used to create or replace or substitute for anthologies or collective works.
6. Copying of "consumable" works i.e. workbooks, exercises, standardized tests, test booklets and answer sheets, is absolutely prohibited.
7. Same item not reproduced term to term. Copyright materials used from term to term are not “fair use” and must have written permission for each term.
8. No charge made to students beyond actual photocopying.

1. Classroom Use

a. Follow copyright guidelines in selecting materials to be used: amount permitted, how many copies, “Fair Use”, etc.
b. If materials are required and sold to students (including instructor developed materials), a text adoption form must be filled out and sent along with a copy of the publisher’s permission to the bookstore.

i. It is the responsibility of the individual instructor to obtain permission prioro to copying.
ii. The use of the bookstore as a central source for student supplementary materials establishes a fair and practical method for distribution of educational materials.

c. Once copyright permission is obtained for duplicating materials to be sold, a work order for the Print Services can be filled out. No copying will be done without the materials and a copy of the permission.

2. Photocopying

a. At unsupervised copy machines

i. All copying locations will display highly visible warning signs reminding users of copyright law.
ii. Individuals are responsible for their own copying and infractions thereof.

b. At the Print Services

i. Copying order forms include a copyright authorization section.
ii. Individuals must supply evidence that copyright is authorized when there is a question about use or fair use.
iii. In cases where violations occur, copying will be delayed, and departments will be required to justify the possible infringement in writing via information provided by the publisher. That is: written permission must be obtained before copying any copyright protected material that cannot be justified as “fair use.”
iv. Print Services is a service center, and due to its volume and limited personnel, it cannot monitor all copying of copyrighted materials.

3. Distance education, including the application of the TEACH Act

a. See: TEACH Act guidelines for Distance Education (Appendix)
b. See: NDSCS TEACH Act Guidelines for Courseware (Appendix)
c. See: Online Request Form Letter (Appendix)

4. Print and electronic library reserves

a. Mildred Johnson Library enables instructors to place items either owned by the library or by the instructor on reserve for class use over a limited time period.
b. Any book or other hard copy owned by the Library or by the instructor may be put on reserve.
c. Photocopies of copyrighted materials may be placed on reserve for one semester only unless one of the following conditions is met:
    i. The Library owns the item from which the copy is made.
    ii. A copy of the correspondence granting permission for longer is on file at the Library. d. Audio visual materials may be placed on reserve if the license for the material does not preclude such use.
e. The individual placing the items on reserve is responsible for assuring compliance with copyright law and must sign the reserve slip indicating this.
f. A written document on reserve procedures is available as an appendix to this document.
g. All photocopies placed on reserve will be stamped with a copyright stamp reminding the user that copyright must be respected on that item.

5. Interlibrary loan and document delivery

a. For items which are not available on this campus, the Library participates in several networks of libraries to share resources.
b. Books and other hardcopy may be requested without copyright concerns. If multiple requests for the same item are received, the library will consider purchase rather than borrowing.
c. Photocopies of magazine and journal articles may be requested under the Contu guidelines.

i. Under Fair Use, up to five photocopies from a single title may be received by the library without paying copyright fees.
ii. For more than 5 copies in a year, fees must be paid.
iii. The library will decide if purchasing the title is a reasonable option or if paying copyright fees is preferable.
iv. Fees may be passed on to the user.

d. Copies of the Interlibrary Loan forms are available in the appendix to this document.

6. Information Technology and computer files

a. The college follows IT policy 1901.2 HECN wide

7. College Web Site

a. All materials on the college web site are subject to review by the Director of College Relations and Marketing.
b. Guidelines are included in the Standards Manual.

1. The individual may write directly to the author or publisher/producer and request permission for the requested use of the material. The request must be specific and should include the following:

a. Your name, address, telephone number and e-mail address.
b. Your name, position, and institution name (or use letterhead.)
c. The title of the work to be copied, with a description and citation as appropriate.
d. A description of how the work is to be used, by whom, and for how long.
e. The purpose of the use and any quantities desired for reproduction.
f. A signature line for the copyright holder to sign, signifying that permission has been granted.

2. Copyright clearing houses are available to obtain permission and/or determine any fees or royalties for the privilege of copying or printing copyrighted materials.

a. You must allow sufficient time for the copyright holder or clearing house to respond to any requests.
b. The same information as in section 1 above is required.

3. Examples of form letters for photocopying or for online requests are given in the Appendix.

In addition to the approved college procedure on reproduction of copyrighted materials or fair use of copyrighted materials, all copying locations will display warning signs reminding users of copyright law. Copying order forms will include a copyright authorization section. Individuals must supply evidence that copying is authorized when there is a question about use or fair use.

1. Training

a. Regular training will be established and carried out to inform faculty and staff of their obligations regarding copyright use and copyright ownership.

2. Intellectual Property

a. Ownership of intellectual property produced in the course of work for the college will be governed by the separate Intellectual Property Policy, developed in 2001.
b. See appendix.

3. Updates

a. This policy will be updated regularly as changes in Copyright Law, guidelines, and other circumstances make revisions necessary.
b. It will be reviewed at least every five (5) years for currency.

A. Textbook Requisition and/or Deletion
B. Request to Duplicate Copyrighted Material
C. Print Services order form – Obtain from Print Services
D. Copyright Flowchart
E. TEACH Act Guidelines for Distance Education
F. TEACH Act Guidelines for courseware
G. Intellectual Property Policy-not yet available
H. Obtaining Copyright Permission
I. Form letter for Copyright Permission for Photocopying
J. Form letter for Copyright Permission for online classes