Copyright Guidelines

Ancilla College requires everyone to comply with all Indiana and federal laws including copyright laws.

Ancilla College has adopted the following copyright and intellectual property guidelines to clarify the rules regarding what materials can be copied for classroom use and how College resources are to be used and protected.

Why should I care?

The students, faculty, and staff at Ancilla College have access to the fundamentals of copyright law guidelines for educational use of copyright materials at Ancilla’s Copyright Home Page and the U.S. Copyright Office’s Home Page.

Technology allows users (both teachers and students) to obtain huge quantities of information quickly and easily. At the same time, it has made it easier to duplicate material. As a result, the issue of ownership of intellectual property and copyright law has become a major issue. Recent prosecutions and lawsuits over file sharing and copyright infringement have raised the stakes for educational institutions where the consequences of copyright infringement can be severe.

Copyright Overview

Copyright comes from a body of laws aimed at protecting the work and ideas created by individuals by giving the original creator(s) exclusive rights to their own work. “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” (U.S. Constitution, Article I, Section 8).

Only this person(s) has rights to create multiple copies and distribute the original work. Copyrighting protects all of the following original works:

literary works
musical works, including any accompanying words
dramatic works
pantomimes and choreographic work
pictorial, graphic, and sculpture work
motion pictures and other audiovisual works
sound recordings

Exceptions and Limitations of Copyright Protection

Works that copyright protection may not cover are:

works not in a tangible form (performances, speeches, choreographic works that are only in verbal form or have not been recorded).
titles, names, short phrases, slogans, familiar symbols, lettering, coloring or listings of ingredients or contents.
ideas, procedures, methods, systems, processes, concepts, principles, discoveries or devices.
works consisting entirely of information that is common property and contain no original authorship (eg. basic calendars, rulers, etc.).

Copyright Infringement

If someone is found copying or distributing works that were not originally created by them, copyright infringement occurs. Within Ancilla College copyright infringement can result in a reprimand, financial consequences (like loss of pay following a fine from a copyright judgment against the College) to termination, based on the nature of the infringement.

Outside action taken against copyright infringement can result in judgments and fines ranging from a few hundred to tens of thousands of dollars for the College and the individual. However, legal damages in copyright cases can reach $150,000 per item that is copied.

A serious breach of copyright, prosecuted to the full extent of the law, can ruin the College and your career. Don’t do it.

Policy on Using Ancilla Logos, Trademarks and Licensed Graphics

All standard graphics, photographs, and text of the Ancilla webs pages are copyrighted and trademarked by Ancilla College. Redistribution or commercial use is prohibited without express written permission from the office of the President.

Web page guidelines and copyrighted templates containing standard graphic elements and formats have been developed to present the College’s identity clearly, consistently, and with distinction. The templates also provide for a consistent user interface to improve visitors’ navigation across all Ancilla-related websites. All external and internal web pages with communications from colleges, departments, libraries, administrative and service divisions are required to use the Web templates.

Ancilla College Intellectual Property Policy

In accordance with the Faculty Handbook, rev. 2008 ed., section 2.12.5, Interest in Creative Work, the Ancilla College Intellectual Property Policy, the Ancilla Copyright Policy’s official stance on creative work done by Ancilla College faculty, staff, and students is as follows:

“Works created by faculty, staff, and students which are copyrightable, patentable, or of commercial value, done on their own initiative, remains the exclusive property of that student, faculty or staff member, and that person shall have the sole right of ownership and disposition, unless the materials were produced, created, or otherwise generated ‘for hire’.”

Productions of drama, music, athletics, and similar events that are not in a fixed and tangible form are not, by their nature, subject to copyright and therefore are not subject to this policy. However, recordings of these events are in a fixed and tangible form, and may be covered by this policy.

The Definition of Fair Use

Fair Use can be defined as copying and distributing a limited amount of material from a published nonfictional work for educational, research, news reporting, criticism, and/or commentary purposes without permission from the creator(s).

To determine what is considered fair use, four guidelines need to be addressed.

The purpose and the character of use.
Is the material being utilized for educational, research, news reporting, criticism, and/or commentary purposes?
The nature of the copyrighted work.
Is the material used from a textbook or another nonfictional published work?
The amount and substantiality of the portion being used.
How much of the work is taken verbatim? How many copies are being distributed?
The effect on the potential market for or value of the work.
Will the author face significant losses for the copies and distribution of the work? How will it affect the market of the work?

If these criteria are not met, you are violating copyright laws and may face penalties.

Fair Use - In the Classroom

For Fair Use to apply in a classroom setting, three criteria need to be met.

Brevity – A maximum of 1000 words or 10 percent of the complete work whichever is less can be used from the work without permission. In addition, if the entire work is less than 2500 words its entirety can be used.
Spontaneity – The teacher must utilize the work in a short period of time which does not allow him/her enough time to contact the publisher for permission.
Cumulative Effect – During a semester, only one or two excerpts from the same author or less than four excerpts from the same work can be utilized. Also, no more than nine times can multiple copies be made and distributed for a course in a semester.

Workbooks, standardized tests, answer sheets, and exercises are some of the most common copied materials. These are NOT protected under the Fair Use guidelines. See Ancilla College’s Fair Use web page for more information and the checklist.

Public Domain

Works from the public domain that can be copied without permission are:

Works without copyright protection
Works whose copyright protection has expired
Works whose originator is the U.S. Government

Giving Credit

If you use material in your classroom, even if it meets every single exception for fair use, you MUST cite where the material came from. In a presentation this means adding a citation to the bottom of the slide. If it’s a handout, include the citation at the end. If you use media and materials in Ancilla teaching, tell Ancilla students where it came from.

Photocopying - In and out of the Classroom

Photocopying Material with Copyright

Photocopying material for learning purposes is for the most part protected under copyright law since it is deemed Fair Use. However, for photocopying material to be deemed Fair Use, certain standards must be met. Classroom teachers, students and librarians can copy work only if it is “used for private study, scholarship, or research.” Copying of copyrighted materials made for fundraising, off-campus organizations and non-teaching/learning purposes is not allowed.

Copying for Classroom Use

The Instructor must meet the following guidelines when making copies for their classroom:

1. Brevity-the copy must not be a substantial part of the entire work.

Examples include: a chapter from a book; an essay, poem (a complete poem if less than 250 words and no more than two pages, or an excerpt of 250 words from a larger poem), or story (story or essay of less than 2,500 words or an excerpt of not more than 1,000 words) from a collected work; an article, essay, poem, or story from a periodical or newspaper; a cartoon, chart, diagram, drawing, graph, or picture from a book, newspaper, or periodical; excerpts of sheet music if they do not constitute a performable unit and do not exceed 10% of the work.

2. Cumulative effect-the copies of the copyright material should not impede with the market. Therefore, an instructor should avoid:

copying an item for more than one course.
copying more than one work from the same author.
making more than three copies from the same collective work or periodical volume during one class term.
making more than nine multiple copies for one course during one class term.

3. Spontaneity-the instructor does not have the time to gain permission from the owner before distributing.

Teachers can copy and distribute materials to students in a classroom setting if the copies are made within these conditions:

Not copying the same material each semester.
Only one copy of the material is given to each student in the class.
The materials must include a copyright notice on the first page of the photocopied material.
Students are not charged a fee over the cost of photocopying.
The copying does not create, replace, or substitute for a book, anthology, or compilation.

There are instances when the instructor must be granted permission from the owner to photocopy materials. The following scenarios represent times that the instructor must gain approval from the owner.

If the instructor is using the same material for multiple courses and/or multiple years.
If an instructor is making photocopies of standardized tests, exercises, and workbooks.
If the photocopies are of a collection of work that will comprise the basic text for the course.

Photocopying Guidelines for Teaching and Research

Photocopies of any work published before 1989 in which there is no copyright notice can be made without restriction. Copyrighted material contains a copyright symbol or the word “copyright,” in addition to the first year of publication and the name of the copyright owner.

On March 1, 1989, the requirement that a work have a notice of copyright was eliminated. Thus, any work created or published after March 1, 1989 is protected by copyright even if there is no copyright notice.

Photocopies of any published work in which the copyright term and any renewals have expired can be made without restriction.

Copyrights dated 1923 or later may or may not have expired, depending on whether its owner renewed the copyright after the first term of protection. It is recommended that copiers either assume the protection is still effective, or ask the copyright owner or U.S. Copyright Office whether the work is still subject to copyright protection.

U.S. government publications may be copied without constraint, except to the extent that they contain copyrighted work from other sources.

State documents may be copyrighted unlike federal documents.

Copying for Library Reserve

The library may put on reserve one copy of an entire article, entire chapter of a book, or an entire poem for classroom use. To obtain multiple copies, the material must meet certain guidelines:

The material must be reasonable in relation to the total amount of material that is assigned for one term in a course.
The amount of copies must reflect the number of students enrolled in the course, the difficulty and timing of assignments; and the number of other courses which may assign the same material.
The material should have a copyright notice.
It should not interfere with the market of the work.

Audiovisual Materials and Copyright - In and Out of the Classroom

Works such as films, television shows, music, and artwork are protected by copyright regardless of format or distribution (compact discs, videocassettes, slides, or the Internet). While faculty, staff, and students may check out audiovisual materials from the library for home use or to use in library computers, they may not distribute, copy, or otherwise make available for others’ use without written permission of the copyright holder. Copying videos or DVDs, or downloading movies and music without paying, is illegal.

Classroom Use

Faculty are allowed to use audiovisual materials for class, provided that the following criteria are met:

The material must be used for instruction.
The material is presented by instructors, students, or guest lecturers.
The material is used in a classroom or other school location dedicated or used for instructional purposes.
The material is used in a face-to-face setting.
The material is used only for students and educators.
The material was obtained legally and the copyright notice is included.

Students and faculty may use small segments of audiovisual materials and transfer them to another media if this use is for a project in an Ancilla College course or as part of a professional presentation, and provided the original work is given credit through citation. These segments may be manipulated to change their appearance or sound, but these changes to the original must be clearly stated. For more extensive use, permission must be obtained.

Outside Classroom Use

Audiovisual materials may be checked out of the library and used at home by students, faculty, and staff, provided no copies are made or that the work is not made available to a large group of people (like playing music or watching a DVD at a party). Audiovisual materials in the library are intended for private home use only.

For public performances, permission or licensing must be obtained by the College. If permission to show a film is obtained, no fees can be charged for viewing.

Library Reserves

The Library may put audiovisual materials on classroom reserves for an instructor, provided the following criteria are met:

The material put on reserve was obtained legitimately and still retains a copyright notice.
The material is for educational or instructional use only, not entertainment.
The material is for student use only.

Fair use does not give students, faculty, staff, or the College the right to show performances of movies on or off campus; permission or special licensing must be obtained.

Off-Air Recordings

Faculty may record television broadcasts for classroom purposes under certain conditions:

Recordings may only be kept for 45 days, after which the recordings must be destroyed or erased.
Recordings must be shown to students within the first 10 school days of the 45 days, and can be shown to the same class no more than two times during the 10 days. The second viewing is allowed only for necessary educational reinforcement.
Recordings may not be physically or electronically altered, changed, or combined with others, though faculty need not show an entire program in class.
All off-air copies must include the copyright notice on the program as recorded.
C-SPAN grants educators certain rights and will allow for off-air taping provided the use is for educational purposes and not for commercial gain, provided C-SPAN is given credit as the source. C-SPAN also grants educators the opportunity to keep broadcasts in perpetuity. For more information, see C-SPAN’s Copyright Policy for Educators at http://www.c-spanclassroom.org/Copyright.aspx.

Digital Millennium Copyright Act (DMCA) and the Technology, Education, and Copyright Harmonization Act (TEACH)

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA) that set certain limitations on the copyright liability of colleges and universities that provide Internet access and other network services to faculty, staff, and students. The Technology, Education, and Copyright Harmonization Act (TEACH) was passed by Congress in 2002 to provide guidelines for Distance Education regarding copyright laws. Both require the implementation, communication, and enforcement of a written Copyright Policy. The DMCA also requires that the College make its students, faculty, and staff aware of its policy and copyright law, and that repeat copyright infringers are subject to expulsion or termination of employment from the College. The College is also responsible for the removal of posted information upon receipt of a “takedown” or “actual knowledge” notice, or if an apparent violation of copyright law is reported by an Ancilla College student, faculty, or staff member.

Computer Use, Downloading, and Peer-to-Peer (P2P)

Copyright protection is extended to computer software, web pages, PDF files, PowerPoint presentations, audiovisual materials, and other materials on the Internet—remember that anything in a fixed and tangible form is copyrighted, even if it is in digital form! Be aware that while there are legitimate sites for downloading movies and music, there are many that are illegally distributing materials. Students, faculty, and staff members should remember that if you do not pay for something, it is likely that you are breaking federal copyright laws.

The College does not permit posting copyrighted materials on its publicly accessible web servers without written permission of the copyright holder. Anyone who wishes to distribute any materials (including but not limited to PDFs, MP3s, database/software files, audio or video files, graphics, and articles) to someone else using the College’s Internet servers must have written permission from the copyright holder in order to do so.

Computer Software, Online Services, and Other Technologies

Students, faculty, and staff are not permitted to reproduce or distribute copies of computer software or electronic resources, and the use of College-owned computer resources, technology, and access must be in accordance with the U.S. Copyright Act and the College Copyright Policy.

Downloading and Duplicating

Downloading means you are making an electronic copy. Unless fair use is applicable, you may not make this copy without permission from the copyright holder. Violations of copyright law include:

Copying and sharing movies, music, television shows, images, and other copyrighted materials, either through email, burning, downloading, or peer-to-peer (P2P) technologies.
Legally purchasing a copy of a copyrighted work and then making copies for others.
Posting copies of works on personal web pages and web spaces such as Facebook, wikis, and blogs.
Downloading anything that you have not purchased, including software, MP3s, movies, music, etc.

Peer-to-Peer (P2P) Technology

Peer-to-Peer (P2P) technology allows people to share and distribute electronic files. The Recording Industry Association of America (RIAA) has filed civil suits against students at several colleges and universities. Many of these suits end up costing the students who settle out of court between $3,000–$5,000, with potential costs being much more. For this reason, Ancilla College does not allow P2P sharing using its computers, wireless Internet access, or other technologies.

Databases and Open Access Resources

Students, faculty, and staff may be wondering if they are allowed to print or save documents found on EBSCOhost and other databases that allow access to full-text articles. For databases like EBSCO, you are permitted by fair use to download (save) the PDF file temporarily or print one copy for personal use, and only for educational or research purposes! Making multiple copies and distributing them to others is not fair use—don’t do it! Students, faculty, and staff should recycle or destroy the article(s) after they have finished their project, report, or research. All copies should be recycled or destroyed by the end of a semester.

Open Access resources such as the Directory for Open Access Journals (DOAJ) or Public Library of Science (PLOS) have Creative Commons licensing, which gives students, faculty, and staff more allowances. Multiple copies of these articles can be freely made, and distributed to friends and coworkers without violating copyright, provided that the author of the article is given due credit and the copies are not sold.

Online Courses

Faculty, staff, and students who create their own web pages must respect copyright laws, even if the web pages are for educational purposes. Web pages are protected by copyright and content from other web sites should not be copied and pasted into any faculty, staff, or student web page without permission. Fair use does apply in some instances (see below). Linking to other sites or pages is generally allowed, since the content remains exclusively on the original creator’s site/page, but a list of links may be protected by copyright and copying and pasting this list may be a copyright violation.

Fair use in relation to the Internet is slightly different from fair use regarding print and audiovisual recordings in cassette or disc formats. For the Internet, use these guidelines:

The copyrighted work used must be for educational or research purposes.
Access to the work must be limited only to students currently enrolled in the course, and at the end of the semester, the material(s) are removed from the site or the page is removed from the Internet.
The work must include a copyright statement and citation to the original work.
The number of materials used should be limited to only a few and the portions used should be brief.
Use of the work must not have an effect on the market; the amount that is used should never be extensive enough to substitute for the purchase of a book, journal recording, or course pack.

Certain materials are freely allowed on course web pages:

The instructor’s own work, and the work of other Ancilla faculty, staff, and students, provided permission is granted.
Links to other web pages or web sites, images, documents, tables, etc.
Works in the public domain—generally works copyrighted before 1923.
United States government publications—the U.S. government generally allows for free copying and distribution of their materials.

Violaters will be prosecuted

Any Ancilla College faculty, staff, or student who is caught violating copyright laws or the Ancilla College Copyright Policy will go through the proper procedures set forth by the Copyright Committee (procedures are pending).

Additionally, there may be state and federal fines and punishments, including possible jail sentences. Ancilla College will cooperate with all state and federal law enforcement to investigate copyright violations.

Ancilla College Copyright Procedures

Updated April 2011