Copyright Compliance Policy (9-8-03)
Kankakee Community College shall make every effort to comply with the intellectual property, copyright, and fair use guidelines set forth in the Copyright Act of 1976 and its amendments, the Digital Millennium Copyright Act (DMCA), the Technology, Education, and Copyright Harmonization (TEACH) Act, and any new acts or additional amendments related to copyright. As appropriate, the College will provide notification, education, or training to faculty and staff on compliance with intellectual property, copyright and fair use guidelines. (Board approved 9-8-03; section 201.06)
Copyright Statements & procedures
KCC is committed to educating its faculty, staff, and students on issues of copyright and fair use. The Copyright Act of 1976 and its amendments, the Digital Millennium Copyright Act (DMCA), and the Technology, Education, and Copyright Harmonization (TEACH) Act dictate policy as to how institutions may use the works of others. It is Kankakee Community College's intent to comply with these intellectual property, copyright and fair use guidelines. The incorporation of copyright compliance protects the ideas and products that Kankakee Community College's faculty, staff and students create as well as outside materials which are used for academic purposes.
(KCC Copyright Committee, 2003 - For additional information contact Karen Becker firstname.lastname@example.org)
KCC General Copyright
It is the policy of Kankakee Community College that its faculty, staff, and students carry out their work in an open and free atmosphere, and that consistent with applicable laws and policy they publish the results of such work without restraint. The following (based on the above Acts) cannot substitute for a careful reading of the entire Copyright Law. It is suggested that this be printed separately and distributed to the faculty as a quick-reference tool.
II. Scope and Coverage
This policy applies to the faculty, staff, and students of the college.
III. Use of Copyrighted Works by Faculty, Staff, and Students
a. The college is committed to complying with all applicable laws regarding copyrights. As an institution devoted to the creation, discovery and dissemination of knowledge, the college supports the responsible, good faith exercise of full fair use rights, as codified in federal law at 17 U.S.C. § 107, by faculty, staff and students in teaching, research, and service activities.
b. Except as allowed by law, it is a violation of this Policy and law for college faculty, staff, or students to reproduce, distribute, display publicly, perform, digitally transmit (in the case of sound recordings), or prepare derivative works based upon a copyrighted work without permission of the copyright owner.
IV. Computer Software and Databases
a. Back-up copies: One back-up copy of computer software may be made for archival purposes in case the original is destroyed.
b. Computer Laboratories: Except for the back-up copy exemption above, software may not be duplicated without appropriate licenses or agreements.
c. Multiple Loading: Loading programs into several computers for simultaneous use is only permitted with permission or a license.
d. Networks: Computer software may not be used in a network (LAN or WAN) without permission or a license.
e. Database Downloading: Downloading from a database is an infringement. Short-term, single-use retention is "accepted" by the copyright owners as a fair use, but long-term retention and multiple use of data requires a license.
V. Student Works
a. Student Works are papers, computer programs, artistic and musical works, and other creative works made by College students.
b. Students shall own copyright in Student Works except in the following cases:
Student Works that constitute notes of classroom and laboratory lectures and exercises shall not be used for commercial purposes by the student generating such notes.
Student Works created in the course of the student's employment by the college shall be considered Works Made for Hire.
Copyright for KCC employees
This addresses specific components of copyright and is a continuation of the overall KCC Copyright policy. This policy applies to all employees of KCC. (Recommended by the Copyright Committee 2003)
II. Classroom Showing of Media Materials
Films, videos, filmstrips, and CDs, whether purchased, rented or leased, may be shown in classrooms as part of the established curriculum. They may not be shown for recreational or entertainment without a "nontheatrical-public-performance license."
III. Duplicating Print Materials for Classroom Use
a. An individual educator may make single copies of:
- a chapter of a book
- an article from a magazine or newspaper
- a short story, short essay, or short poem, or
- a chart, graph, diagram, drawing, cartoon or a picture from a book, magazine or newspaper
b. Multiple copies for classroom use (not to exceed one copy per student per course):
- a complete poem of less than 250 words,
- an excerpt, not to exceed 250 words, from a longer poem,
- a complete article, story or essay of less than 2,500 words,
- an excerpt from a larger printed work not to exceed ten percent of the whole or 1,000 words,
- one chart, graph, diagram, cartoon or picture per book or magazine issue if the individual item is not separately copyrighted, or
- two pages or ten percent of the words from children's picture books or comic books.
c. Copying must be made by the teacher or at the request of the teacher--not at the direction of higher authority.
d. An individual educator may not:
- Copy more than one work or two excerpts from a single author during one class term,
- Copy more than three works from a collective work or periodical volume during one class term,
- Make multiple copies of more than nine works for distribution to students in one class term,
- Use photocopies to create, replace, or substitute for an anthology,
- Copy "consumable" works such as workbooks, standard tests, answer sheets, etc., or
- Copy the same work for more than three semesters without permission.
IV. Library Reserve
In lieu of classroom distribution, a reasonable number of copies may be placed on reserve for one semester. The number of copies depends on the size of the class, possibly one copy per ten students. Repeated use of a given material requires written permission.
V. Recording Television Programs
a. Recording Off-the-Air or Off-the-Cable
- Television programs may be recorded from broadcast or simultaneous cable transmissions to the "general public," which excludes premium-pay programs, e.g., HBO, CineMax, Disney, etc.
- Programs may be shown once and repeated once for reinforcement within ten "teaching days" of the broadcast. They may be retained for forty-five calendar days from the date of the broadcast.
- Recording must be made by the teacher or at the request of the teacher.
- Programs may not be rerecorded at a later date, regardless of the number of times it is rebroadcast.
- A limited number of copies may be made to meet the needs of several teachers.
- Programs need not be used in their entirety but may not be edited or electronically altered or combined.
- All copies must include the copyright notice as it appears in the program.
- Institutions are expected to implement appropriate control procedures.
b. Recording Public Broadcasting System Programs
- For short-term retention, follow the guidelines above.
- For long-term retention, call the local PBS station for information about extended retention rights for specific programs.
c. Recording off of Satellites: Programs may not be recorded from a television satellite unless the programs are authorized for free reception or the institution obtains a license to copy the programs.
d. Transmission of Audiovisual Works: Films, videos, etc. may not be transmitted to classrooms by open- or closed-circuit television without a transmission license or written permission.
e. Home-Use-Only and Rental-Store Videos: Programs labeled "For Home Use Only" or rented from rental stores may be used in classrooms under the following conditions:
- The programs are shown to students in a face-to-face setting.
- The programs are shown only in courses given for credit.
- The programs must be shown only in classrooms or other locations devoted to instruction.
- The programs must be legitimately-made copies.
- The programs may not be shown for entertainment, recreation, or reward.
VI. Duplicating Films, Videotapes, Filmstrips, Slidesets, etc.
a. An educator may duplicate a "small part" of an item for research or instruction. While no guidelines exist for copying these materials, the congressional reports accompanying the Copyright Revision Act of 1976 suggest that copying ten percent of a program is reasonable, if the ten percent is not the "essence" of the work.
b. An educator may not:
- Reproduce an audiovisual work in its entirety, or
- Convert one media format into another ( e.g., film to video, filmstrip to slide, etc.) without permission.
Microforms may be copied according to the rules applying to the materials reproduced, (e.g., books, periodicals, poetry, etc.). However, microform copies of works in the public domain may be copied freely.
Newsletters are unique because they are very brief and have a small circulation. Therefore, almost any copying deprives the publisher of a sale or subscription. Limited copying is possible under the "small part" exemption in the library photocopying or fair-use sections of the law. However, a small part of a four-page newsletter may consist of only a few lines of text. Copying newsletters must be approached with great caution.
Artworks may not be duplicated without written permission except for illustrations copied under the "Duplicating Print Materials for Classroom Use,"
X. Electronic copying (Computer Scanning)
a. Artworks: scanning for the purpose of reproduction or for creating derivative works requires permission.
- Scanning for research (e.g., textual analysis) is permissible, but
- Reproduction to create a copy or to prepare a derivative work requires permission.
XI. "Free and Benefit" Performances
Storytelling, poetry readings, and musical performances of non-dramatic works are authorized if (a) admission is free, or (b) the gate receipts, over and above costs, go to a charitable cause, and the performers and managers contribute their services.