COPYRIGHT ISSUES

As members of the DMACC community, we are all obligated by U.S. law to honor exclusive rights of intellectual property owners. However, the "fair use" provisions in the statutes provide students, faculty, staff and administrators at educational institutions with some special exceptions.

The legal principle of "fair use" and the exemptions made for teaching, research, criticism, and libraries are intended to balance the rights of the copyright holder with legitimate educational needs for sharing information.

Unfortunately, this area of the law is exceedingly unclear. As a result, there are more questions about what is and is not "fair use" than there are answers. Even attorneys who specialize in copyright acknowledge that the law is very hard to understand.

The increased use of technology and the Internet in educational settings, especially in distance education, has created even more unanswered questions about what is and is not permissible under the law.

The links below will take you to sites that provide information and guidance for dealing with copyright issues.

Crash Course in Copyright
The University of Texas Office of General Counsel offers this site to help educators with copyright questions. It offers basic information on copyright, fair use guidelines, distance education issues, an online tutorial and much more. A wealth of information is available here.

The TEACH Toolkit
This site from North Carolina State University provides information about the Technology, Education, and Copyright Harmonization Act enacted in 2002. This legislation revised and updated the performance and display exemptions in the copyright law to address the digital environment.

United States Copyright Office
Information about copyright, online publications, law and policy, links to related sites, and more.

Reproduction of Copyrighted Works by Educators and Librarians
PDF version of information circular 21 from the U.S. Copyright Office, which provides "basic information on some of the most important legislative provisions and other documents dealing with reproduction by librarians and educators."

Copyright Law of the United States of America
Title 17, Chapter 1 of the United States Code, which covers the subject matter and scope of copyright. Sections of special interest are those dealing with limitations of exclusive rights, such as

Fair use
Reproduction by libraries and archives
Effect of transfer of particular copy or phonorecord
Exemption of certain performances or displays
Secondary transmissions
Ephemeral recordings