Copyright and Fair Use: Copyright

 A.      Compliance.

It is the policy of Helena College-University of Montana to comply with U.S. copyright law. The college expects all members of the College community, including faculty, staff, and students, to understand and respect the rights of ownership of intellectual property in order to make appropriate use of copyrighted works for legitimate educational purposes. Works that are subject to copyright protection should only be used with the permission of the copyright owner, unless the use meets the test of fair use or some other exception to the copyright law applies. The college is committed to providing guidance, in the form of resources and information, to assist the college community in making decisions in regard to copyright law.

 B.      Ownership.

Employee copyright ownership at Helena College adheres to Montana Board of Regents “Policy 401.3 – Copyrights” with regard to the creation and production of intellectual property by faculty and staff and any compensation, revenue, or control derived from or associated with ownership of such property.

In addition, Helena College adheres to “Policy 406 – Ownership of Electronic Course Material” whether or not it was, is, or may be, eligible for copyright or patent.

C.      Infringement.

In the case of student infringement, the Helena College "Academic Integrity Policy" and the "Acceptable Use of Electronic Resources" policy will be utilized.

In the case of faculty infringement, section "4.15 – Academic Freedom" of the Collective Bargaining Agreement will be utilized.

Click to watch this video from the Copyright Clearance Center about copyright basics on a college campus:

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:

1. literary works
2. musical works
3. dramatic works
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural 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 401.3 - Copyrights

Policy 406 - Ownership of Electronic Course Material

Helena College Documents:

Acceptable Use of Electronic Resources Policy

4.15 ACADEMIC FREEDOM  (from the Faculty Collective Bargaining Agreement (CBA))

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.