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Mitchell College Library and Information Services

Copyright Adherence Statement

The purpose of this web site is to provide a basis for guiding copyright compliance standards and practice among the members of the Mitchell College community. The field of copyright law and the interpretation of fair use are complex and in constant flux.  Nonetheless, it is both the obligation and the intention of Mitchell College Library and Information Services (LIS) to respect and to appropriately adhere to the provisions of the Fair Use Guideline of the U.S. Copyright Law, and by extension to be mindful of the congressional Technology, Education and Copyright Harmonization Act, commonly known as the TEACH Act.     

It also is the intent of LIS to fully comply with all licenses and contractual agreements in the provision of resources and services to the Mitchell College community. LIS recognizes the role of copyright in promoting scholarly research and publication, and supports compliance with these laws by faculty, students, and staff.

Members of the campus community are advised to become as knowledgeable as possible regarding copyright and fair use as it pertains to their particular areas of work and study. LIS is pleased to make available a full array of resources, via this web site, to ensure that students, faculty, and staff have appropriate and adequate guidance in their various uses of copyrighted materials.  Members of the campus community are further advised that intentional disregard of federal policy and guidelines will place them at considerable risk of  liability for their personal actions.

LIS will continue to monitor the evolving compliance landscape and to keep the community informed of changes as we become aware of them.   Any questions or concerns may be addressed to AskLIS@mitchell.edu.

Adapted in part from the Connecticut College Library and Information Services Copyright Policy Statement for use at Mitchell College.

Copyright Basics

• Copyright law applies to nearly all creative and intellectual works.
• Works are protected automatically, without copyright notice or registration.
• Copyright protection lasts for many decades.
• Copyright owners hold specific rights, with some legal limitations.
  
• Creator or employer of the creator can be the copyright owner.
• Copyrights can be transferred.

For more information about copyright basics see the resources provided by the United States Copyright Office.

Fair Use and Other Rights of Use

• Activities within fair use are not infringements.
• Fair use is one of many statutory rights to use copyrighted works.
• Uses are also allowed with permission.

For more information about copyright basics see the resources provided by the United States Copyright Office and the Copyright Clearance Center.

Summary of Penalties for Violation of Federal Copyright Laws

For a summary of federal penalties see the United States Copyright Office site regarding copyright infringement.

 © 2008 Columbia University Libraries/Information Services | Developed by Center for Digital Research and Scholarship

What is Fair Use?

Fair Use is a component of U.S. Copyright Law that sets out parameters for allowing copyrighted material to be utilized, presented, or distributed.  The four factors of fair use must be weighed together; that is to say, no single factor will determine whether or not use of the material is allowed in the classroom.  Rather, all four factors must be considered and a holistic assessment applied. 

The four factors of fair use are (click for more detail):

1. The purpose of the use
2. The nature of the work used
3. The amount used relative to the size of the entire work
4. The effect of the use on the market for the original

Isn't all educational use considered "fair use"?

No.  There are many examples of materials that cannot be used in the classroom, even though the intention may seem "fair".  Each situation must be weighed individually against the four factors outlined above. 

What about online courses?

Just as with on-ground courses, evaluation of fair use can be applied to copyrighted materials utilized in an online course environment.  Special consideration must be given to the manner in which materials are distributed or restricted in the online environment.  Some publishers provide clear and concise boundaries for use in an online educational setting, while others are less clear and leave more room for interpretation.  In all cases, members of the College community should consider the four factors outlined above when determining whether or not copyrighted material may be used to support academic needs and goals.

So how do I make sure I'm following the law?

Consider utilizing one of the Library's many subscription-based resources and/or asking LIS staff to review your course materials with you.

Creative Commons is a non-profit organization offering a unique, free service, described on its web site as follows:

Share, Remix, Reuse — Legally
Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved."

The following links will give you a sense of CC's value as a resource:

Materials may be used in the educational, non-profit setting if they fall into any one of the following categories.

Illegal filesharing is a violation of copyright law and therefore is addressed generally in Mitchell's policy statements on the appropriate use of computer and information resources.  A more specific policy can be found in the online Mitchell College policy manual under Technology, the section titled College Illegal Download Policy.

The Digital Millennium Copyright Act (DMCA) was signed into law on October 28, 1998. 

Infringement notifications may be sent to the College's federally registered DMCA Agent at the following email address:

DMCA@mitchell.edu

See here for more information about the DMCA.