2017-2018 Student Handbook

Page 69 of 107 Updated 1.25.17 7. Copyright It is the policy of Hardin-Simmons University that faculty, staff, administrators, and students shall strive to obey Intellectual Property laws and licenses. The University is aware that the rights extended to our community by Fair Use are not delineated in Copyright Law. The Richardson Library’s brochure “Intellectual Property and Fair Use Guidelines” provides guidelines that may be used to assist in staying within the boundaries of fair use. Since individuals are at risk if they violate the Copyright Law and licenses of Federal law as noted in the US Code Title 17 section 504(c), each community member is responsible for evaluating his own risk. The act allows a judge to award statutory damages for copyright infringement of $750 - $30,000 per incident, $150,000 for willful violations. Ownership of Copyrights Except as qualified below, a member of the university is entitled to ownership of copyright and royalties or other income derived from their works, including books, films, cassettes, software, works of art, or other materials. Copyright shall be owned by the university, unless other arrangements are contracted, if production of the work: a. Used substantial university financial, staff, or other assistance b. Made extensive use of special or rare university holdings, such as rare book collections c. Made significant use of voice or image of students or staff in a product, d. Used substantial creative contribution by staff or students to the preparation of the product e. Used the name or insignia of the university or any of its units (other than for purposes of identification of individual faculty members) to identify or to promote the distribution of a product, or other identification or promotion that implies the approval or endorsement by the university or one of its units. Whenever a copyrightable work is created by a member of the non-teaching staff as part of the individual’s university responsibilities, the work shall be treated as a work-for-hire under the terms of the Copyright Act of 1976. Student will own the copyrights to their theses, however, a student must, as a condition to a degree award, grant royalty-free permission to the university to reproduce and publicly distribute copies of his/her theses. Fair Use Guidelines There are four factors that determine Fair Use; (1) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. This document was drafted with the assumption that the nature of usage is for supporting university curriculum. The guidelines below are designed to help identify the remaining requirements. Those wishing to use copyrighted materials for uses other than for supporting university curriculum should identify the applicable restrictions and abide by them.