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Administrative Policy 76: Copyright Policy
76.01 Statement of Values:
The University of Wisconsin-Parkside recognizes and respects intellectual property rights. As part of our mission to maintain the highest standards for ethical conduct, we are committed to fulfilling our legal obligations with respect to the use of copyright-protected works, balancing the interests of ownership and access. Faculty, staff and or students are expected to follow copyright law. Individuals who illegally duplicate copyrighted works may be subject to disciplinary or legal action.
76.02 Sources of U.S. Copyright Law:
76.02.01 The Original Law
Article I of the U.S. Constitution authorizes Congress to pass legislation "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." On the basis of the Constitution, Congress enacted the U.S. Copyright Act (17 U.S.C. 106), which grants the owner of a copyrighted work the exclusive rights to:
- reproduce or copy the work
- prepare derivative works based on the original work
- distribute copies of the work for sale, rental or lease
- perform or display the work publicly
To be eligible for copyright protection, a work must be original and fixed in any tangible medium, including electronic and digital, and be one of the following eight categories of works:
- literary works, including computer software
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
76.02.02 Fair Use Exception
In using works for educational purposes, the most commonly relied upon exception to copyright use restrictions is "fair use." The fair use exception (17 U.S.C. 107) is a four-factor test that balances the rights of copyright owners in their creations against the public interest in the free exchange of ideas. The four factors are:
- The purpose and character of the use.Nonprofit, personal and educational use are generally factors in favor of fair use, particularly if the use is for such things as criticism, commentary, news reporting, parody, or some other "transformative" use. Commercial use usually favors requiring permission from the copyright owner.
- The nature of the work to be used. Facts and published works tend to again weigh in favor of fair use. Imaginative and unpublished works are more likely to require permission to use.
- How much of the work is used. Copying one article from a journal for students in a class would lean towards fair use, but copying several articles from the same journal issue would tip the scale against fair use.
- The effect of the use on the market for the work. If the copyright owner's ability to profit will be adversely affected, this weighs against fair use. If the user makes only one or a few copies, the scale tips towards fair use. Making a work available on the web in a fashion that can be easily copied or downloaded weighs against fair use.
Use of a copyrighted work need not satisfy all four factors to qualify as fair use; rather, the factors favoring fair use must outweigh the factors favoring obtaining permission. Online tools can help UW-Parkside faculty, staff, and students determine and document fair use of a given work for a particular use. See examples of these tools in the "Copyright Resources" tab on the UW-Parkside's copyright guide. For other campus policies and best practices associated with intellectual property, see this policy's appendix.
76.03 University Policy
76.03.01 Ownership of Copyrightable Instructional Materials
Under the UW System Policy on Ownership of Copyrightable Instructional Materials, (GAPP 27), the employee may own all rights in his or her creations. For instance, a professor who creates a scholarly article in the course of research at a UW System institution, would ordinarily own the copyright in it. The institution may have an interest, however, if it contributed substantial institutional resources in the creation of the work. "Substantial" resources could include providing the creator with paid release time from his or her job, or allowing the employee exceptional access to specialized computer resources to create the work. As stated in section II.C.3. of GAPP 27, work-for-hire agreements place ownership with UW-Parkside. In practice, when an author uses institutional resources to create a protected work, it is best to agree with the institution beforehand about ownership and control of the work. . An appendix to the UW System Policy on Ownership of Copyrightable Instructional Materials (GAPP 27) includes a sample agreement to allocate rights and interests in copyrighted works between the institution and the employee author.
76.03.02 Obligations Regarding Copyright
UW-Parkside sets forth these procedures for all faculty, staff and students to demonstrate our respect for intellectual property and commitment to proper fair use:
- The utilization of copyrighted work must meet the fair use exception. Copyright laws in the U.S. protect works even if they are not registered with the U.S. Copyright Office and even if they do not carry the copyright symbol (©). Copyrighted works may be in print, video, electronic or digital form and include, but are not limited to, books, magazines, newspapers, cartoons, trade journals, training materials, newsletters, printed articles from publications, TV and radio programs, videotapes, compact discs, DVD's, music performances, photographs, training materials, manuals, documentation, software programs, databases and World Wide Web pages.
- Faculty, staff and students must obtain permission from copyright holders directly, or their licensing representative, when the reproduction exceeds fair use requesting permission to use copyrighted materials. Model permission letters, such as those found at Columbia University's Copyright Advisory Office, provide guidance on crafting such requests. Alternatively, permission may be obtained from centralized clearinghouses for the use of various kinds of works (provide links with references below):
- At UW-Parkside, the Provost is responsible for copyright policy. A campus copyright team firstname.lastname@example.org provides recommendations for policy updates as the law and as technology offers new opportunities and challenges. This team, led by the library's copyright librarian, also provides educational opportunities and an awareness of copyright issues on campus. Changes to the copyright policy are approved by the Chancellor's Cabinet.
Appendix: Access to Content & Use of Resources: Policies and Guidelines
See UW System Legal's Frequently asked questions for help on general copyright questions