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Faculty-Staff Handbook XII. Copyright and Fair Use Policies
XII.A. Copyright Policy, Information and Forms
XII.A.1. Binghamton University Copyright
Policy
XII.A.2. Binghamton University Copyright Agreement Form
XII.A.3. Binghamton University Royalty Distribution Plan
XII.A.4. Copyright Basics
XII.A.5. Copyright Registration Forms
XII.A.6. Copyright Sites
XII.A.7. US Copyright Office
XII.B. Fair Use Policy and Information
XII.B.1. Fair Use Policy (from Copyright
Law)
XII.B.2. Fair Use Analysis
XII.B.3. Binghamton University Libraries Course Reserves
Guidelines
XII.B.4. Fair Use and E-Reserves (from Association of
Research Libraries)
XII.B.5. Fair Use Guidelines for Educational Multimedia
XII.C. Computer and Multimedia Copyright Policy
and Information
XII.C.1. Binghamton University Computer and
Network Usage Policy (Acceptable Use)
XII.C.2. Binghamton University Software License Agreement
XII.C.3. Issues and Practices Concerning Peer-to-Peer
Programs
XII.C.4. TEACH Act of 2002
XII.C.5. Guidelines for Off-Air Recording of Broadcast
Programming
XII.C.6. The Digital Millennium Copyright Act of 1998
The Copyright policy of the State University of New York states:
"Generally the members of the staff of the University shall retain
all rights to copyright and publish written works produced by them.
However, in cases where persons are employed or directed within the
scope of their employment to produce specific work subject to copyright
the University shall have the right to publish such work without copyright
or to copyright it in its own name. The copyright will also be subject
to any contractual arrangements by the University for work in the course
of which the writing was done. Staff members will be expected not to
allow the privilege to write and retain the right to their work to interfere
with their University duties. In those cases where an author desires
the help of University facilities, arrangements should be made through
the administrative staff of his [her] institution in advance with respect
to the assistance which may be appropriately given and the equity of
the University in the finished work."
Updated August 2004
The following sections describe guidelines Binghamton University will
use to implement the SUNY policy. A guide for distribution of royalties
is also provided for those cases where material is copyrighted in the
name of SUNY or Research Foundation.
1. Copyrightable work produced by faculty and staff without the
use of University services or facilities and free from any agreements
administered through the University.
This first instance includes the writing of scholarly books, publications,
music, plays, computer software, and all other works held to be copyrightable
under the Federal Copyright Act. "The use of University services
or facilities" means that the University has provided support specifically
to produce the copyrightable work or the services of employees other
than the author.
Copyright title in such cases belongs to the person creating the material.
The individual may personally receive royalties generated from the licensing
or sale of this material. The faculty member's only obligation to the
University is to report licensing or sale of such work in the annual
faculty report.
All such works shall be marked:
Copyright (year work completed)(Legal Name) or © (year work completed)(Legal
Name)
For example: © 1996 Jane Doe (The symbol for copyright is preferred.)
2. Copyrightable work produced as part of an individual's assigned
responsibility as SUNY employee or with University support.
Where a faculty or staff member is specifically directed to create
specified copyrightable work, the materials are deemed a "work
for hire" and the copyright title will be in the name of the State
University of New York.
Also included in this category is work produced using University facilities
or services to complete or to market the work. Distribution of royalties
will be made according to the same schedule utilized for patent derived
royalties, unless negotiated in a separate agreement before the completion
of the work. The Vice President for Research may approve release of
copyright to the author for research and outreach purposes. All such
works shall be marked:
© (Date) State University of New York at Binghamton
3. Copyrightable instructional materials produced by an individual
using University facilities or equipment.
Copyrightable instructional materials (e.g., syllabi, lecture notes,
presentation graphics, learning activities, and assessment materials)
produced by an individual at their own discretion in support of teaching
activities, and not directed as a work for hire as outlined in 2 above,
are normally considered the intellectual property of the individual.
The faculty member is expected to acknowledge any University contributors
to the work.
Educational use of the material(s) by Binghamton University class participants
will be considered fair use of materials. The individual(s) may personally
receive royalties generated from the licensing or sale of this material
to parties outside of Binghamton University. The faculty member's only
other obligation to the University is to report licensing or sale of
such work in the annual faculty report.
All such works shall be marked the same as in 1 above.
Questions or concerns regarding sections XII.A.1-3 should be
addressed to the Provost's Office at provost@binghamton.edu.
4. Copyrightable work produced as a requirement of a grant or contract
administered by the Research Foundation of State University of New York.
Copyright title in such work is in the name of The Research Foundation
of State University of New York. Royalties earned through the licensing
or sale of these materials will be distributed based on applicable sponsor
policy, as well as University and Research Foundation policies. When
the University receives royalties, distribution will be made according
to the attached schedule.
A contract or grant agreement may specify conditions for ownership
of copyrightable works including royalty distribution. Agreement clauses
may include stipulations that royalties be shared with the sponsor for
a specified term and up to a specified amount.
All such works shall be marked:
© (Date) The Research Foundation of State University of New York
at Binghamton
5. Copyrightable works produced using grant or contract funds, Research
Foundation support or Research Foundation or SUNY Facilities.
Copyright title is in the name of the Research Foundation of the State
University of New York. Royalties earned from licensing or sale of the
work are distributed following the attached schedule. If the Research
Foundation decides not to market the work, the author may request copyright
title and market it in his or her own name. All such requests must be
made to the Vice President for Research.
All such works shall be marked:
© (Date) The Research Foundation of State University of New York
at Binghamton.
6. Copyrightable works derivative of grant or contract activity
but where production of such work is not supported by the grant and
not produced using Research Foundation or SUNY facilities or support.
Copyright title in such cases belongs to the person creating the material.
The individual may personally receive royalties generated from the licensing
or sale of this material. The faculty member's only obligation to the
University is to report licensing or sale of such work in the annual
faculty report.
All such works shall be marked the same as in 1 above.
Copyright
Agreement Form (PDF)
The State University of New York patent policy[1] provides for sharing
between the inventor and the University of gross royalty income from
licensing of inventions. The patent policy requires 40% of the gross
royalty must be provided to the inventor as personal income. The remaining
net royalties are returned to the campus President for distribution.
This statement provides for distribution of this local campus allocation.
It is in the interest of Binghamton University to provide a share of
royalty funds with those most closely associated with their generation
as an incentive to disclosing potentially patentable inventions. Royalty
funds provided to University units are to be used in accordance with
University policies and procedures to enhance research development and
inventive activities.
The allocation of the first $100,000 per year of royalties will be
as follows:
40% to the inventor pursuant to SUNY patent policy.
25% to support the inventor's department. For the School of Education,
the College of Community and Public Affairs, Nursing and SOM the department
allotment goes to the dean. For non-academic units the allotment will
go to the appropriate Vice President. If a faculty member is associated
with an organized research center, half of this allotment shall go that
center.
20% to the Vice President for Research to support research and
scholarly activities.
15% to The Division of Research to cover technology transfer
activities and general overhead (includes RF central expenses).
The allocation of the excess over $100,000 per year of royalties will
be as follows:
40% to the inventor pursuant to SUNY patent policy.
25% to the President to enhance the research mission of the University.
25% to the Vice President for Research to enhance the research
mission of the University.
10% to The Division of Research to cover technology transfer
activities and general overhead (includes RF central expenses)
If more than one inventor or more than one department are recipients,
the amounts will apply to the combined shares of all recipients. Distribution
among them will be determined by prior agreement as delineated in the
invention disclosure or as equal shares.
An annual report of expenditures accompanying a narrative summary of
accomplishments will be submitted by the chair, director and/or dean
to the Vice President for Research as a condition for continued allocation.
The annual report is due June 1 on the attached form. The President
will submit an annual report of expenditures and summary of accomplishments
to the President of the University.
1 Title 8, Section 335.28 of the Official Compilation of Codes,
Rules and Regulations of the State of New York (Article XI, Title J,
Section 1 of the Policies of the Board of Trustees)
http://www.copyright.gov/circs/circ1.html
http://www.copyright.gov/forms/
http://www.copyright.gov/resces.html
http://www.copyright.gov/
One of the rights accorded to the owner of copyright is the right to
reproduce or to authorize others to reproduce the work in copies or
phonorecords. This right is subject to certain limitations found in
sections 107 through 118 of the copyright act (title
17, U.S. Code). One of the more important limitations is the doctrine
of “fair use.” Although fair use was not mentioned in the
previous copyright law, the doctrine has developed through a substantial
number of court decisions over the years. This doctrine has been codified
in section
107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction
of a particular work may be considered “fair,” such as criticism,
comment, news reporting, teaching, scholarship, and research. Section
107 also sets out four factors to be considered in determining whether
or not a particular use is fair:
- the purpose and character of the use, including whether such use
is of commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of
the copyrighted work.
The distinction between “fair use” and infringement may
be unclear and not easily defined. There is no specific number of words,
lines, or notes that may safely be taken without permission. Acknowledging
the source of the copyrighted material does not substitute for obtaining
permission.
The 1961 Report of the Register of Copyrights on the General Revision
of the U.S. Copyright Law cites examples of activities that courts have
regarded as fair use: “quotation of excerpts in a review or criticism
for purposes of illustration or comment; quotation of short passages
in a scholarly or technical work, for illustration or clarification
of the author’s observations; use in a parody of some of the content
of the work parodied; summary of an address or article, with brief quotations,
in a news report; reproduction by a library of a portion of a work to
replace part of a damaged copy; reproduction by a teacher or student
of a small part of a work to illustrate a lesson; reproduction of a
work in legislative or judicial proceedings or reports; incidental and
fortuitous reproduction, in a newsreel or broadcast, of a work located
in the scene of an event being reported.”
Copyright protects the particular way an author has expressed himself;
it does not extend to any ideas, systems, or factual information conveyed
in the work.
The safest course is always to get permission from the copyright owner
before using copyrighted material. The Copyright Office cannot give
this permission.
When it is impracticable to obtain permission, use of copyrighted material
should be avoided unless the doctrine of “fair use” would
clearly apply to the situation. The Copyright Office can neither determine
if a certain use may be considered “fair” nor advise on possible
copyright violations. If there is any doubt, it is advisable to consult
an attorney.
FL-102, June 1999
Fair
Use Analysis (Table content with permission of Purdue University
Copyright Office)
The Reserve staff in the Josiah T. Newcomb Reserve Reading Room and
the Science Library process Reserve listings submitted by Binghamton
University faculty and other BU instructors. Materials are processed
based upon the fair use provisions of the United States Copyright Act
of 1976. When Library materials are purchased it is with the understanding
that there will be multiple users. Subscription materials often include
a premium to support these users. The principle of “fair use”
is established in 17 USC Section 107. According to this principle, the
reproduction of copyrighted works for certain limited, educational purposes
does not constitute copyright infringement. The following four factors
are considered in the determination of fair use:
- The purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of
the copyrighted work. The fact that a work is unpublished shall not
itself bar a finding of fair use if such finding is made upon consideration
of all the above factors.
The BU Library system Reserve operations facilitate provision of copies
for classroom use by students. These guidelines have been established
to assure conformity with the fair use provisions of the copyright law
and the efficient processing of lists.
- Materials will be placed on Reserve at the request of the faculty
member or instructor teaching a course.
- Materials will be for non-commercial, educational usage of students.
- Students will not be charged for access to materials.
- All copyrighted works will be lawfully acquired (i.e. by purchase,
license, fair use, interlibrary loan, etc.).
- Copying will not be used to create, replace or substitute for anthologies,
compilations or collective works. [The Copy Center can provide coursepacks].
- The following materials may be placed on Reserve:
- Books ( Library and personal)
- Exams
- Lecture notes of the instructor of record for a course
- U.S. Government publications
- Material considered to be in the public domain
- One article from a journal issue
- One chapter from a book
- One short story, essay or short poem
- One chart, graph, diagram, drawing , cartoon or picture from
a book or periodical
- Audiotapes
- Videocassettes and DVD’s
- Materials submitted must include full citation information. Citations
are needed to verify copyright compliance. Incomplete citations will
result in delays in processing requests.
- When personal materials are placed on reserve they are subject to
wear and tear. They may also be lost. The Library assumes no responsibility
for loss or damage of these materials.
- If copying permission is not indicated in the document, copyrighted
material will be placed on Reserve for one semester (fair use).
- If copying permission is not indicated in the document, copyright
permission will be sought from the copyright holder in the following
situations:
- An instructor will be using the same materials for more than
one semester
- Multiple articles, chapters, charts, graphs, diagrams, drawings,
cartoons or pictures are needed from a book or periodical
- Author’s permission is required for unpublished papers and
projects. Forms are available from reserve staff.
- Access to materials on reserve will be limited to BU students, faculty
and staff.
- The BU Libraries will seek copyright permission when necessary and
pay reasonable fees. The library reserves the right to limit the placement
of items on reserve due to difficulties obtaining copyright permission
and royalty costs. If it is necessary to seek copyright permission,
materials will be placed on reserve for 3 weeks while awaiting this
permission. If permission is denied, the instructor will be notified
and material will be removed from reserve immediately.
- When copies will be placed on electronic reserve they will not be
duplicated in print format. Electronic links will be established for
which BU has licenses and the appropriate permission.
- Books, audio files, video files and items that cannot be placed
on electronic reserve will be maintained in traditional reserve collections
in the Josiah T. Newcomb Reserve Reading Room and the Science Library.
- All materials will be removed from reserve at the end of each semester.
Personal materials will be returned to instructors and library materials
will be returned to library collections. Instructors must notify reserve
staff by the last day of classes if they wish to keep materials on
reserve the following semester.
- Reserve requests must be submitted at least 3 weeks before the beginning
of each semester. Materials submitted later will not be available
for the first day of classes. During the first 2 weeks of the semester,
reserve staff receive numerous listings. Processing may take up to
2 weeks at this time. At other times during the semester materials
are generally processed in 1 - 5 days. It takes a minimum of 5 weeks
to acquire new titles in print. It also takes a minimum of 2 weeks
to recall books that are checked out to borrowers.
http://www.arl.org/pp/ppcopyright/copyresources/applying.shtml
http://www.ecc.binghamton.edu/fairusemm.html
I. Introduction
Access to information technology is essential to the state university
mission of providing the students, faculty and staff of the State University
of New York with educational and research services of the highest quality.
The pursuit and achievement of the SUNY mission of education, research,
and public service require that the privilege of the use of computing
systems and software, internal and external data networks, as well as
access to the World Wide Web, be made available to all those of the
Binghamton University community. The preservation of that privilege
by the full community requires that each faculty member, staff member,
student, and other authorized user comply with institutional and external
standards for appropriate use.
To assist and ensure such compliance, Binghamton University establishes
the following policy and the Binghamton University World Wide Web Policy
which supplements all applicable SUNY policies, including sexual harassment,
patent and copyright, and student and employee disciplinary policies,
as well as applicable federal and state laws.
II. General Principles
- Authorized use of Binghamton University-owned or operated computing
and network resources shall be consistent with the education, research
and public service mission of the State University of New York and
consistent with this policy.
- Authorized users of Binghamton’s computing and network resources
are defined as those individuals provided a username and password,
for their own use only, through legitimate Binghamton University processes
for assignment of such identification from Computing Services. An
authorized use of Binghamton’s computing and network resources
is initiated by entering that individual’s username and password.
Using another individual’s username and password is an unauthorized
use. The only exception to this authorized use definition is access
on designated computers provided in the University Library where use
of a username and password will not be required.
- This policy applies to all Binghamton University’s computing
and network resources, and external computing and networking resources
accessed via Binghamton’s computing and networking resources.
- The University reserves the right to limit access to its networks
when applicable campus or university policies or codes, contractual
obligations, or state or federal laws are violated.
- The University reserves the right to remove or limit access to material
posted on university-owned computers when applicable campus or university
policies or codes, contractual obligations, or state or federal laws
are violated.
- Non-University-owned computers which house material which violates
the University’s policies are subject to network disconnection
without notice.
- Although the University does not generally monitor or restrict the
content of material transported across networks, it reserves the right
to access and review all aspects of its computing systems and networks,
including individual login sessions and account files, to investigate
performance or system problems, search for viruses and other harmful
programs, or upon reasonable cause to determine if a user is violating
this policy or state or federal laws.
- This policy may be supplemented with additional guidelines by campus
units that operate their own computers or networks, provided such
guidelines are consistent with this policy.
III. Acceptable Use
Privacy: No user should access, view, copy, alter or destroy another’s
personal electronic files without permission (unless authorized or required
to do so by law or regulation). If another user has failed to close
out their session a new user must close that session and enter their
own username and password to use that computer.
Copyright: Written permission from the copyright holder is required
to duplicate any copyrighted material, except where consistent with
Fair Use. This includes but is not limited to duplication of music,
audiotapes, videotapes, photographs, illustrations, computer software,
data and all other information for educational use or any other purpose.
Most software and databases that reside on the University’s computing
network are owned by the University or third parties, and are protected
by copyright and other laws, together with licenses and other contractual
agreements. Users are required to respect and abide by the terms and
conditions of software use and redistribution licenses. Such restrictions
may include prohibitions against copying programs or data for use on
the University’s network or for distribution outside the University,
against the resale of data or programs, or against the use of software
for non-educational purposes, or for financial gain, and against public
disclosure of information about programs (e.g., source code) without
the owner’s authorization.
Harassment, Libel and Slander: No user may use the University’s
computers or networks to libel, slander or harass any other person.
Sharing of access: Computer accounts, passwords, and other types of
authorization are assigned to individual users and not shared with others.
The assigned user is responsible for any use of the account. Sharing
of a computer account constitutes an inappropriate use and may lead
to termination of that account
Permitting unauthorized access: Users may not run or otherwise configure
software or hardware to intentionally allow access by unauthorized users.
Failure to configure hardware or software in a way that reasonably prevents
access by unauthorized users is a violation of acceptable use.
Termination of access: When a user ceases to be a member of the campus
community or is assigned a new position and/or responsibilities within
the State University system, the user’s access authorization must
be reviewed. Users must not use facilities, accounts, access codes,
privileges or information for which they are not authorized in their
new circumstances.
Residence Hall Access: Residence hall access to the campus network
is granted to individuals. Each individual is responsible for assuring
that his/her personal residence hall room access point is not misused.
Circumventing Security: Users are prohibited from attempting to circumvent
or subvert any system’s security measures. Users are prohibited
from using any computer program or device to intercept or decode passwords
or similar access control information.
Breaching Security: Activities which degrade the performance of a computer
system or network, use a system or network for which the user is not
authorized, or deprive authorized users of resources or access to computers
or networks is prohibited.
Game Playing: Limited recreational game playing by students, which
is not part of authorized and assigned research or instructional activity,
is acceptable, but computing and network services are not to be used
for extensive or competitive recreational game playing disruptive to
others. Recreational game players occupying a seat in a public computing
facility must give up the use of the device when others who need to
use the facility for academic or research purposes are waiting.
Chain Letters: The propagation of chain letters is an unacceptable
practice and is prohibited.
Unauthorized Monitoring: A user may not monitor the electronic communications
of others.
Flooding: Generating excessive network traffic, including spamming
and denial-of-service, is prohibited.
Private Commercial Purposes: The computing resources of Binghamton
University shall not be used for private commercial purposes or for
financial gain.
Political Advertising or Campaigning: The use of Binghamton University’s
computers and networks shall be in accordance with University policy
on use of University facilities for political purposes (SUNY Administrative
Procedures Manual Policy 008).
Modifying software or software installation: A user may not modify
the software configuration on any computer provided for general access.
IV. Limitations on Users’ Expectations (User Cautions!)
- The issuance of a password or other means of access is intended
to assure appropriate confidentiality of the University’s files
and resources and does not guarantee privacy for use of university
equipment or facilities.
- The University provides reasonable security against intrusion and
damage to files stored on the central facilities, and provides for
some archiving of files based upon the operational needs of the University.
However, the University is not responsible for the loss of users’
files or data. Users should take their own steps to backup and protect
important information.
- Users should be aware that the University’s computer systems
and networks might be vulnerable to unauthorized access or tampering.
In addition, computer files, including e-mail, may be considered "records"
which may be accessible to the public under the provisions of the
New York State Freedom of Information Law.
- Email messages are not personal and private. While administrators
will not routinely monitor individual email and will take reasonable
precautions to protect the privacy of email, program managers and
technical staff may access a student or employee’s email:
- For a legitimate business purpose (e.g. the need to access information
when an employee is absent),
- To diagnose and resolve technical problems involving the system,
and/or
- To investigate possible misuse of Email when a reasonable suspicion
of abuse exists or in conjunction with an approved investigation.
- Email messages sent/received in conjunction with University business
may:
- Be considered state records under applicable state regulations;
- Be releasable to the public under the Freedom of Information
Law;
- Require special measures to comply with the Personal Privacy
Protection Law.
- All email messages including personal communications may be subject
to discovery proceedings in legal actions.
V. Sanctions
Violators of this policy may be subject to immediate suspension of
services by Computing Services and to the existing student or employee
disciplinary procedures of Binghamton University. Sanctions may include
the loss of network access and computing privileges. Illegal acts involving
Binghamton University’s computing resources may also subject users
to subpoena and prosecution by commercial enterprises, local, state
and/or federal authorities.
Software
License Agreement (PDF)
http://training.binghamton.edu/navdisplay.asp?navfilename=NAV-P2P2
http://www.ecc.binghamton.edu/teach.html
http://www.ecc.binghamton.edu/offair.html
http://www.ecc.binghamton.edu/dmca.html
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