Chadron State College employees, students and guest users are required to comply with federal copyright laws, and with college policies and procedures designed to implement those laws. Three federal acts form the basis for copyright compliance. They are, in order of enactment, the Copyright Act of 1976 and the Fair Use Guidelines, the Digital Millennium Copyright Act of 1998, and the Technology, Education and Copyright Harmonization Act of 2002.
The Fair Use Guidelines evolved from the Copyright Act of 1976 and were developed for the educational community. Although a set of formal and quantifiable standards have emerged from court decisions and other tests of Fair Use, just two tests are needed to determine compliance, Brevity and Spontaneity. Small portions of entire works may be used and then only a minimal number of times for a small number of classes and students.
The DMCA of 1998 is the U.S.'s answer to a perceived need for laws regulating international intellectual property, especially ideas committed to digital media for entertainment. DMCA is highly-prescriptive and restrictive and does not incorporate Fair Use provisions for education. However, it has far-reaching implications for colleges. File sharing of copyrighted audio, video or other mediated materials is prohibited.
The TEACH Act, is aptly described in its title. It is intended to bring the technical provisions of DMCA into harmony with the Fair Use Guidelines for education, more specifically for online and other mediated instruction. Although TEACH's mediated instructional Fair Use Guidelines are expressed using traditional classroom terminology, its language is fairly clear and the specifics are clearly outlined.
View the entire TEACH Act.
The faculty and staff of Chadron State College are required to know the copyright law, to remain abreast of new developments in the law and to comply with the law as follows:
Fair Use Guidelines will determine the selection and use of copyrighted materials for class instruction.
Copyrighted materials used according to Fair Use principles will be removed from electronic storage upon conclusion of the course.
Fair Use may be applied to any digitized, copyrighted materials, even those print or analog works communicated in digital format.
Works specifically allowed under TEACH include performances of non-dramatic literary works, performances of non-dramatic musical works, and reasonable and limited segments of dramatic and audio visual works.
Written notice of institutional, instructor, and student obligations under the TEACH Act must be supplied to class members.
As much as is technically feasible, transmission of copyrighted materials is limited to members of the class.
Archived materials are to be used only for immediate future offerings of the class.
Policies and technical measures should provide assurance that digital codes or embedded management systems are not modified, i.e. no tampering with producers' security.
The college is required to provide written evidence of copyright compliance intent.
All copyright compliance practices are to be expressed as institutional policy.
Copyright resources are available from the Department of Information Technology web site, http://www.csc.edu/technology/policy-acceptance.csc. Review of the following resource, by employees and students, is strongly encouraged to ensure compliance.
CSC Procedure for Action on Possible Infringement of Intellectual Property Rights (DMCA).
CSC Guidelines for Copyright and Higher Education (Fair Use and TEACH).
CSC Written Notice of Institutional, Instructor, and Student Obligations under the TEACH Act.
Effective: August 01, 2003
Updated: August 25, 2009
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