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Education

Published on February 27, 2008

Author: Dixon

Source: authorstream.com

Copyright Compliance Guidelines :  Copyright Compliance Guidelines Florida State University Office of Audit Services ELECTRONIC OBJECTS and MEDIA Including the Teach Act ELECTRONIC OBJECTS AND MEDIA :  ELECTRONIC OBJECTS AND MEDIA Unauthorized Copying and Distribution of Copyrighted Materials Purpose :  Purpose This guide is intended to encourage and promote legitimate use of copyrighted material in electronic form. This presentation provides descriptions of issues, guidelines, frequently asked questions and related sources for proper consideration of the intellectual property rights of others. These are provided to assist in understanding the acceptable use practices of electronic objects and media, as they relate to copyright compliance. Copyright:  Copyright A copyright provides the rights and protections granted by the laws of the United States to the authors of "original works of authorship." By definition this consists of literary, musical (including accompanying words), dramatic (including accompanying music), sound recordings, motion picture, other audiovisual, pantomimes and choreographic, pictorial, graphic, sculptural, architectural and certain other intellectual works. Background :  Background The 1976 Copyright Act generally provides the owner of a copyright the exclusive rights to reproduce a copyrighted work, prepare derivative works, distribute copies, perform publicly, or display a copyrighted work publicly. The Copyright Office of the Library of Congress registers these copyrights. Issue Unauthorized Electronic Copying and Distribution of Copyrighted Materials :  Issue Unauthorized Electronic Copying and Distribution of Copyrighted Materials The motion picture, gaming and software industries have legitimate objections to the unauthorized copying and distribution of copyrighted materials in electronic form. These complaints refer to works that are typically in the form of movies, games, music, TV programs, electronic books, etc. Making unauthorized copies of these materials is a COPYRIGHT INFRINGEMENT. Guideline:  Guideline Do not download or share, using the Internet or other means, copies of unlicensed copyrighted items such as movies, games, music, television programs, electronic books, other programs and/or software. Downloading and making these copyrighted materials available to others through use of computing peer-to-peer software or other means is NOT allowed. Guideline:  Guideline Programs such as Kazaa, Morpheus, LimeWire, gnutella, and BearShare are used for file sharing. These programs AUTOMATICALLY make the files on your computer available to others on the Internet. You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-8502. Issue:  Issue Illegally Copying Software on Electronic Media   The Federal Copyright law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy for "archival" purposes only. It is illegal to use that software on more than one computer or to make or distribute copies of that software for any other purpose, unless specific permission has been obtained from the copyright owner. Guideline:  Guideline When acquiring copies of software such as word processing, operating system, utilities, graphics software, games, music, etc. for personal or other use, always READ THE LICENSE AGREEMENT. Licensing agreements typically allow you to use the software on one machine only and allow one extra copy to be used for archival purposes. Guideline:  Guideline Do not make and/or use more copies than the number that you are allowed as stated in the license agreement. This applies to Microsoft Windows, MAC OS, applications programs, databases, utilities and other software used on computers. If you have access to software through your employment or for educational purposes, do not assume that you can legally make copies without reading the license agreement. Access:  Access Issue Material accessible to the FSU community through networks, and materials disseminated from FSU, should not be restricted solely on the basis of content, or because of the origin, background, or views of those contributing to its creation. The University fully supports open access to electronic communication and information. Guideline:  Guideline Members of the University are free to communicate and access information through the use of electronic networks. However, University information technology or other resources may not be used in violation of copyright laws, University or governing board rules and policies concerning copyrights or the use of computer and information technology. Guideline:  Guideline Users of computers should retain proof of ownership of software and comply with the restrictions and copyright limitations that are provided in licensing documents or other prevailing agreements. TEACH ACT For Online Course Delivery:  TEACH ACT For Online Course Delivery Issue The TEACH Act amends Sections 110(2) and 112 of the Copyright Act of 1976 to give instructors at accredited nonprofit educational institutions greater flexibility to use third party copyrighted works in online course delivery. The bill permits the display and performance of virtually all types of works during online instruction without the consent of the copyright owner, provided that: ► the online instruction is mediated by an instructor;   ► measures are used to prevent “retention of the work in accessible form by recipients of the transmission. . . for longer than the class session;” and   ► measures are taken that limit the transmission of the material to students enrolled in the particular course, regardless of where the students are physically located, and precludes unauthorized student retention and/or downstream redistribution “to the extent technologically feasible.” :  ► the online instruction is mediated by an instructor;   ► measures are used to prevent “retention of the work in accessible form by recipients of the transmission. . . for longer than the class session;” and   ► measures are taken that limit the transmission of the material to students enrolled in the particular course, regardless of where the students are physically located, and precludes unauthorized student retention and/or downstream redistribution “to the extent technologically feasible.” Guideline:  Guideline These parameters are not broad enough to allow for entire hard copy textbooks to be digitized, nor will the new law apply to materials that are produced by the copyright owner for online instructional sales. But it does give institutions limited rights to retain the information and provide limited student access for review purposes. The TEACH Act also grants a limited right to digitize portions of an analog (printed text, hardcopy documents, pictures in original form, etc.) work for use in an online course if a digital version is not available. Guideline:  Guideline Institutions that want to take advantage of the TEACH Act must have copyright policies in place and must provide faculty, students, and staff members with information that “describes, and promotes compliance with, the laws of United States relating to copyright.” The institution also must provide students with a notice that materials may be subject to copyright protection.   Additional information about the TEACH Act can be found at the American Library Association web site at http://www.ala.org/Content/NavigationMenu/Our_Association/Offices/ALA_Washington/Issues2/Copyright1/Distance_Education_and_the_TEACH_Act/Default3685.htm . FREQUENTLY ASKED QUESTIONS Electronic Materials:  FREQUENTLY ASKED QUESTIONS Electronic Materials Am I A Violator?   If you are someone who shares electronic files, documents, programs, games, etc., the question is whether or not you have permission to distribute or reproduce copyrighted works. Are you authorized by the owner of the copyright to reproduce or distribute the materials? If so, you are exercising “fair use” when you share these files with others. If not, you are a direct infringer and can be subject to penalties if you are identified. What Will Happen If I Violate the Policy? For engaging in conduct that violates University copyright policy, you may have your FSU computer account privileges revoked, face University judicial or disciplinary action and/or prosecution. Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations. :  What Will Happen If I Violate the Policy? For engaging in conduct that violates University copyright policy, you may have your FSU computer account privileges revoked, face University judicial or disciplinary action and/or prosecution. Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations. What Should I do If I Know That I am Violating FSU Policies?   STOP IMMEDIATELY! You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-8502. :  What Should I do If I Know That I am Violating FSU Policies?   STOP IMMEDIATELY! You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-8502. Would I Infringe Someone’s Copyright If I Were To Make Multiple Copies And Either Distribute Those Copies For free, Or Require Their Return After Use?   You may be infringing. You do not have to sell the copies (or permanently dispose of them) in order to infringe the copyright owner’s rights. :  Would I Infringe Someone’s Copyright If I Were To Make Multiple Copies And Either Distribute Those Copies For free, Or Require Their Return After Use?   You may be infringing. You do not have to sell the copies (or permanently dispose of them) in order to infringe the copyright owner’s rights. Can I Legally Copy A Work I Bought Without Infringing The Copyright?   The purchase of a work does not give you automatic authority to copy the work unless such copying is consistent with state, federal and school copyright policies, rules, laws, etc. The purchaser of a work owns only that copy of the work. In addition, the purchaser does not own any rights in the copyright covering the contents of the purchased copy. :  Can I Legally Copy A Work I Bought Without Infringing The Copyright?   The purchase of a work does not give you automatic authority to copy the work unless such copying is consistent with state, federal and school copyright policies, rules, laws, etc. The purchaser of a work owns only that copy of the work. In addition, the purchaser does not own any rights in the copyright covering the contents of the purchased copy. What Are The Penalties For Copyright Infringement?   Federal law provides that in a civil suit the copyright holder is entitled to recover actual damages and any profits made by the copyright infringer, or can elect to receive statutory damages from $750 to $30,000 for each infringement. In the court's discretion and if intent is proved, the upper limit can move to $150,000. If the court determines that the infringer was not aware and had no reason to believe that the acts constituted a infringement, statutory damages of not less than $200 per infringement will be assessed. The court may also award costs and attorney’s fees to the prevailing party. continued… :  What Are The Penalties For Copyright Infringement?   Federal law provides that in a civil suit the copyright holder is entitled to recover actual damages and any profits made by the copyright infringer, or can elect to receive statutory damages from $750 to $30,000 for each infringement. In the court's discretion and if intent is proved, the upper limit can move to $150,000. If the court determines that the infringer was not aware and had no reason to believe that the acts constituted a infringement, statutory damages of not less than $200 per infringement will be assessed. The court may also award costs and attorney’s fees to the prevailing party. continued…   Criminal prosecutions of willful copyright violations can result in penalties ranging from one to ten years imprisonment as well as fines.   Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations. :    Criminal prosecutions of willful copyright violations can result in penalties ranging from one to ten years imprisonment as well as fines.   Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations. For additional information or to report suspected violations. Contact the FSU Office of Audit Services at:  For additional information or to report suspected violations. Contact the FSU Office of Audit Services at Florida State University Office of Audit Services 407 Westcott P.O. Box 3061390 Tallahassee, FL 32306-1390 Phone: (850) 644-6031 Email: auditservices@admin.fsu.edu FSU Rules, Policies, Websites, etc.:  FSU Rules, Policies, Websites, etc. OP-H-6 Use of University Information Technology Resources http://www.vpfa.fsu.edu/policies/bmanual/itpolicy.html   Copyright Policy http://www.auditservices.fsu.edu/services/copyright/index.html   Student Conduct Code, 6C2-3.004, Florida Administrative Code http://www.fsu.edu/Books/Student-Handbook/codes/conduct.html#com The Teach Act of 2002: How the law affects online instruction http://online.fsu.edu/onlinesupport/instructor/teachact.html :  Student Conduct Code, 6C2-3.004, Florida Administrative Code http://www.fsu.edu/Books/Student-Handbook/codes/conduct.html#com The Teach Act of 2002: How the law affects online instruction http://online.fsu.edu/onlinesupport/instructor/teachact.html Federal Copyright Laws:  Federal Copyright Laws The Copyright Law of the United States of America, Title 17 United States Code http://www.copyright.gov/title17/index.html   http://www4.law.cornell.edu/uscode/17/index.html   Florida Computer Crimes Act, Chapter 815, Florida Statutes http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0815/titl0815.htm&StatuteYear=2002&Title=%2D%3E2002%2D%3EChapter%20815 Infringement Laws http://www.auditservices.fsu.edu/services/copyright/infringement.html Infringement of Copyright Laws U.S. Copyright Act Infringement   The Digital Millennium Copyright Act http://www.loc.gov/copyright/legislation/dmca.pdf   TEACH Act or Technology, Education, and Copyright Harmonization Act of 2002 http://www.copyright.gov/legislation/pl107-273.html#13301   Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations. :  Infringement of Copyright Laws U.S. Copyright Act Infringement   The Digital Millennium Copyright Act http://www.loc.gov/copyright/legislation/dmca.pdf   TEACH Act or Technology, Education, and Copyright Harmonization Act of 2002 http://www.copyright.gov/legislation/pl107-273.html#13301   Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations. Other Copyright Sites of Interest:  Other Copyright Sites of Interest United States Copyright Office http://www.loc.gov/copyright/   Timeline: A history of Copyright in the U.S. http://arl.cni.org/info/frn/copy/timeline.html   The Debate Over Copyright Protection in the Digital Age http://groton.k12.ct.us/mts/pt2a13.htm   Coalition for Networked Information http://www.cni.org/Hforums/cni-copyright/ The TEACH Toolkit http://www.lib.ncsu.edu/scc/legislative/teachkit/

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