Chapter Six: Statutory Compliance
 
Procedure Title: Copyright Act and Digital Millennium Copyright Act
Based On: Board Policies 1 and 3
Procedure Number: 6.13
Date Adopted/Revised: June 25, 2001; November 21, 2006; May 15, 2007; July 27, 2016
  1. Policy Statement

    South Arkansas Community College complies, and expects its employees, students and representatives to comply, with the Federal Copyright Act (Public Law 94-553 Title 17, October 1976) and the Digital Millennium Copyright Act (DMCA, 1998). To that end:

    1. The copying of materials, programs, displays, software, or other items not specifically exempted by the copyright law or DMCA, or without appropriate licenses and/or the copyright holders permission, is prohibited.

    2. South Arkansas Community College will not allow or endorse circumvention of technological protection measures.

    3. All works should be considered copyrighted material unless clearly stated to be in the Public Domain.

    4. South Arkansas Community College will not condone, or tolerate illegal reproduction of any copyrighted item, or the circumvention of protection devices or measures by its employees, students, or other representatives of the College.

    5. South Arkansas Community College reserves the right to discipline any employee or student, including termination of that employee or expulsion of the student, who may violate copyright law, infringe upon copyright, or circumvent protective measures.

  2. Procedure for Reporting of Violations

    Any employee with knowledge of copyright violation within the College is expected to notify his or her immediate supervisor or the Chief Academic Officer. Vice President for Academic Affairs and Student Services.

  3. Exemptions

    It is recognized within the Federal Copyright Law that libraries, educational institutions, researchers and teachers, and university and College faculty possess a real need to duplicate or otherwise exhibit copyrighted materials, and thus certain exemptions are allowed. Guidelines to those exemptions specifically outlined in the law, and a more complete explanation of “fair use,” may be found in the Library Media Center’s Copyright Policy or by contacting the Director of the Library Media Center. Specifically, the following circumstances/considerations have generally and historically been regarded as justifiable “fair use” by the courts:

    1. The legitimate purpose and character of the use by the educational representative;
    2. The nature of the copyrighted work;
    3. The amount and substantiality of the work; and
    4. The effect of the use upon the potential market of the work.

  4. Application to Distance Education

    Distance education, broadly defined by the Conference on Fair Use, is an educational process, or event whereby instruction is delivered through a telecommunication technology to one or more students who are physically remote from a traditional classroom setting, or the point of program origin.

    South Arkansas Community College recognizes that:

    1. Section 106 of the Copyright Act defines the rights of the copyright holder to perform or display his or her work as an exclusive right;

    2. Section 110 (1) permits performance and display of any kind of copyrighted work as part of face-to-face instruction; and

    3. Section 110 (2) allows for performance of a non-dramatic literary or musical work or display of any work as part of a transmission in some distance learning contexts.

    4. While it is clear that such transmissions may not result in the reproduction of a work without express permission from the copyright holder, and that the specific limitations set forth in Section 110 (2) may impose a higher burden of demonstrating that fair use permits performance or display of more than a small portion of a copyrighted work in a modern distance learning environment:

    5. While it is clear that such transmissions may not result in the reproduction of a work without express permission from the copyright holder, and that the specific limitations set forth in Section 110 (2) may impose a higher burden of demonstrating that fair use permits performance or display of more than a small portion of a copyrighted work in a modern distance learning environment:

      1. It does not necessarily prohibit their use, and

      2. It is a reasonable reflection of the principles of fair use in combination with the specific provisions of Sections 110 (1)-(2).

  5. Software Copyrighted software is protected by both the Copyright Act of 1976 and the DMCA, and its use is guided by the same restrictions and exemptions as noted above. In terms of copyright, there are four broad classifications of software:

    1. Commercial

      1. Covered by copyright
      2. Requires a license to use it, not own it
      3. Restrictions and conditions may vary

    2. Shareware

      1. Covered by copyright
      2. Requires a license to use it, not own it
      3. Restrictions and conditions may vary

    3. Freeware

      1. Covered by copyright
      2. Derivative works must also be designated as freeware, not for profit
      3. Public Domain - Must be marked as such

  6. Intellectual Property

    Intellectual property is considered to be those items that reasonably qualify for protection under the patent and/or copyright laws of the United States or other protective statutes.

    1. South Arkansas Community College reserves the right to ownership of intellectual property arising out of research or other sponsored programs which are supported in part or in whole by grants, gifts, contracts, or other agreements entered into by the College or the South Arkansas Community College Foundation.

    2. All contracts and agreements should be reviewed by the Office of the President, and should contain a paragraph that sets forth the College’s rights and responsibilities.

    3. Under certain circumstances the College reserves the right to consider granting an exception to this policy. The final decision rests with the President of the College.

    4. This policy applies to all full time and adjunct faculty, as well as employees and agents of the College who have made substantial use of the resources of the College.

  7. Special Conditions

    Section 108 of the Copyright Act deals with limits on interlibrary loan arrangements and special library and archives exemptions and responsibilities. South Arkansas Community College acknowledges and adheres to these arrangements and responsibilities, and complies with the Copyright Act and the American Library Association’s policies and agreements. Specifically:

    1. Interlibrary loans are available to the College’s faculty, staff and students;

    2. The library staff will not request more than two articles per issue per journal (or title) from any lending library;

    3. The library staff will not copy more than two articles per issue per journal (or title);

    4. No more than six articles per journal (or title) will be requested per patron, per calendar year.