It is the intent of Bellevue University that all members of the University community adhere to the provisions of the United States Copyright Law (U.S. Code: Title 17, Section 101 et seq.). The following policy statements and guidelines constitute a manual for anyone at Bellevue University who wishes to reproduce, alter, or perform works that are protected by copyright.
What Is Copyright?
Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well-known symbol ©, however, pre-1976 works must be published and be identified as copyrighted in order to have copyright protection. Section 106 of the Copyright Act (90 Statute 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to "Fair Use" limitations, which apply to all media, and medium-specific limitations.
The doctrine of fair use, embedded in Section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors:
Works that may be used freely:
Single photocopies for scholarly needs or Library Reserve:
Multiple copies for classroom use must meet the following tests of brevity, spontaneity, and cumulative effect. Each copy must also include prominent notice that it is copyrighted material.
Possession of a DVD does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a DVD may be "performed". However, whatever their labeling or licensing, use of these media is permitted in an educational institution as long as certain conditions are met.
S Section 110(1) of the Copyright Act of 1976 specifies that the following is permitted:
Performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance or display of individual images is given by means of a copy that was not lawfully made...and that the person responsible for the performance knew or had reason to believe it was not lawfully made.
Additional text of the Copyright Act and portions of the House Report (94-1476) combine to provide the following, more detailed list of conditions [from Virginia M. Helms, supra]:
Further, the relationship between the film and the course must be explicit. Films, even in a "face-to-face" classroom setting, may not be used for entertainment or recreation, whatever the work’s intellectual content.
Technology, Education, and Copyright Harmonization (TEACH) Act
The purpose of the TEACH Act is to improve previous regulations, primarily to distance education specifically in sections 110(2) and 112(f) of the U.S. Copyright Act.
TEACH Act Requirements:
What the TEACH Act Does NOT Allow:
Bellevue University negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use, since these arrangements provide the University community with efficient access to computer programs that support the curriculum while assuring the copyright owner a fair royalty.
Individuals are not permitted to download or use software on Bellevue University computers, tablets, or other devices without appropriate licensing rights.
Libraries are permitted to lend software, but only for temporary use, not for copying.
HEOA Compliance Plan
Bellevue University has a plan to comply with the Higher Education Opportunity Act (HEOA) regarding its provisions to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing.
Specifically, HEOA requires institutions to:
In compliance with the Higher Education Opportunity Act (HEOA) of 2008 with regard to peer-to-peer (P2P) file-sharing, Bellevue University has taken the concrete steps to curb illegal downloading on our University computer networks.
Public domain is any creative work not protected by copyright which can be used freely by anyone without having to obtain copyright permission. The most common reason for items included in the public domain is because the copyright expired or the material is so old that it is no longer covered by copyright laws.
Public Domain materials include:
A general copyright notice should include: 1) Copyright holders’ name, 2) Year published, and 3) Word “copyright,” or the © symbol.
Ex: © Bellevue University, 2017.
Copyright Permission Process:
For permission requests, fill out the “Copyright Permission Request” form found on the Bellevue University Copyright Center (http://libguides.bellevue.edu/copyright). Or, send an email to: firstname.lastname@example.org, with the following information:
For more copyright information, visit the Bellevue University Copyright Center: http://libguides.bellevue.edu/copyright.
Permission to Use Bellevue University Marketing Material:
For media inquiries contact Bellevue University’s Public Relations department at 402-557-7298 or send an email to:PublicRelations@bellevue.edu.
For academic compliance questions, contact the Director of Compliance, Sarah E. Jarecki, J.D. at: email@example.com.
Effective Date: The Bellevue University Copyright Policy was revised in December 2017, and approved by the Library Committee.