Copyright Policy

UVEI respects copyrights. The following policy and descriptions are intended to provide guidance to help faculty and students distinguish between fair uses of copyrighted material, and uses that require permission or payment. While the specific language of the policies focused on printed materials, the policies apply to all copyrighted materials.

1) Copyright policy (adapted from Stanford University Libraries):

The following uses of copyrighted materials are prohibited by UVEI for both faculty and students:

· Unauthorized copying for the purpose of creating, replacing, or substituting for anthologies, compilations or collective works.

· Unauthorized copying of works intended to be “consumable” in the course of study or teaching, such as workbooks, exercises, standardized tests and test booklets and answer sheets.

· Unauthorized copying intended to substituted for the purchase of books, publishers’ reprints or periodicals

· Repeated copying with respect to the same item by the same teacher from term to term.

· Requiring students to pay an amount greater than the cost of the copying for the copied materials. UVEI, instructors, or students earning a profit from the use of copyrighted material without permission.

2) Purchasing Copyrighted Materials: UVEI has three methods for purchasing copyrighted materials:

· For texts that may be required by individual students in their personalized learning, and in which they require a reproduction of more than 10% of a printed work, either the UVEI library will loan the book to the student (including purchasing the book for the library’s collection if it is deemed generally of use to future students), or directs the student to obtain the materials legally.

· In cases where more than 10% of a printed work is intended to be used by all students, UVEI either purchases the required text for each student, or requires students to purchase the required text.

· In cases where instructors wish to distribute an anthology (course reader), UVEI utilizes a service that obtains copyright permission (such as study.net)

3) Fair Use Policy (adapted from Stanford University Libraries):

Under some circumstances, UVEI faculty and students may be able to use copyrighted materials under the principles of “fair use.” In all such cases, copyright notice and attribution are required. UVEI has adopted the following policies to provide guidance to faculty and students in determining whether their intended use is covered by “fair use” and does not require permission. Fair use applies when any of the following are the case:

A. Purpose & Character of the Use: Fair use applies when the piece being distributed is transformed through the intended use. This is the case when the instructor or student adds new meaning or context to the piece, substantially transforming the original into new material. Typically, this means that new value is added to the original by creating new information, new aesthetics, new insights, and/or understandings. For example, an instructor substantially modifying or adapting a consumable lesson plan template, such that it is a different template following the addition, may be considered a fair use of copyrighted material.

B. Nature of the Copyrighted Work: Factual information (such as information about specific schools or school systems) benefits the public and may distributed under fair use. Information that is the result of creativity or expertise does not meet this standard.

C. The Amount and Substantiality of the Portion Taken: Instructors and teachers may:

· Make single copies of copyrighted material for themselves for the purposes of research, teaching, or preparation.

· Distribute a single copy of an article to each student in a cohort IF:

o The piece is adequately brief (approximately 10% or less of the entire work)

o Spontaneously copied: A work passes the spontaneity test if it meets two conditions:

§ The copying is at the instance and inspiration of the instructor(s).

§ 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 to copy.

D. The Effect of the Use Upon the Potential Market: If the intended use would not otherwise deprive the copyright holder of income, than it may be covered by fair use.

Adopted March 2011

Revised January 2014