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The purpose of this guide is to provide faculty, staff, and students at Helena College with an understanding of copyright law and fair use. While copyright issues can be complex, everyone needs to understand the basics. Failure to comply with copyright law can lead to substantial legal penalties for both you and the college. This guide also includes copyright and fair use compliance guidelines for faculty. |
Copyright law, as defined in Title 17 of the United States Code, protects "original works of authorship fixed in a tangible medium of expression" for a limited period. Copyright protection includes, for instance, the legal right to publish and sell literary, artistic, or musical work, and copyright protects authors, publishers and producers, and the public. Copyright applies both to traditional media (books, records, etc.) and to digital media (electronic journals, web sites, etc.). Copyright protects the following eight categories of works:
Ownership of a copyrighted work includes the right to control the use of that work. Use of such work by others during the term of the copyright requires either permission from the author or reliance on the doctrine of fair use. Failure to do one or the other will expose the user to a claim of copyright infringement for which the law provides remedies including payment of money damages to the copyright owner.
From the Montana Board of Regents of Higher Education Policy and Procedures Manual:
Policy 406 - Ownership of Electronic Course Material
Helena College Documents:
Acceptable Use of Electronic Resources Policy
4.15 ACADEMIC FREEDOM
The parties to this agreement acknowledge that academic freedom is important to the fulfillment of the purposes of the Montana University System. The parties encourage the continuation of an atmosphere of confidence and academic freedom while recognizing that academic freedom is accompanied by a corresponding responsibility of the faculty members to their colleagues, the Montana University System, and students to maintain the highest standard of academic integrity and scholarship.
Click to watch this video from the Copyright Clearance Center about copyright basics on a college campus:
