Compliance with copyright law means adhering to the legal stipulations that govern the use, reproduction, and dissemination of copyrighted works. In essence, it involves recognizing and respecting the intellectual property rights of creators and organizations that hold copyrights. Failure to comply could result in legal repercussions, including fines, and damage to both individual and institutional reputations.
Employees have several specific responsibilities when it comes to copyright compliance:
Identification of Copyrighted Material: Employees must be aware of which materials are copyrighted. Most creative works that are not explicitly labeled as free to use or in the public domain should be assumed to be copyrighted.
Obtaining Permissions: If you intend to use copyrighted material in a way that exceeds "fair use" (a concept we'll cover in detail later in this module), you must obtain written permission from the copyright holder.
Attribution: Even when using works under 'fair use,' proper attribution should be given to the copyright holder unless the license specifically states otherwise.
Limited Scope of Use: Faculty must adhere to the limitations of use, whether they fall under institutional licenses, open educational resources (OER) licenses, or permissions directly from copyright holders.
Educational Use Considerations: Using copyrighted materials for educational purposes may fall under the "fair use" exception, but this is not a guarantee. Fair use requires a case-by-case analysis based on the four factors outlined in Chapter 2 of Title 17 of the United States Code. We'll learn more about that soon.
Multimedia in Lectures: Showing films, playing music, or displaying art during lectures—both in-person and online—also falls under copyright rules. The TEACH Act provides some guidance for digital transmission in educational settings, but it's not an all-encompassing shield against copyright infringement. We'll talk more about the TEACH Act in this guide.
Research Publications: Faculty must also consider copyright when publishing research, especially if their publication includes copyrighted material, such as images, lengthy text excerpts, or other media.
Student Assignments: Faculty should educate students about copyright compliance, especially in relation to assignments that may involve the use of copyrighted materials. Teach students how to cite their sources and provide guidance about the extent of a work that can be referenced or quoted without violating copyright law.
Conferences and Public Lectures: When presenting work in a public forum, faculty should ensure that any copyrighted material in their presentations is either covered by fair use, is their own, or is used with explicit permission.
By being aware of these responsibilities and specific use-cases, employees can help mitigate the risk of copyright infringement for themselves and the College. Given the complex and case-specific nature of copyright law, when in doubt, talk to the College's Designated Copyright Agent or the College's legal counsel.
Next: Fair Use