There has been much discussion recently about what can and cannot
be placed on the Hope College web site -- either for promotional
or educational purposes. Although this statement is not an official
college policy, it is a guideline for those responsible for creating
web sites and digital replications of information and/or images
at Hope College.
Computing and Information Technology retains the right and responsibility
to remove any information and/or images from the campus web server
(http://www.hope.edu) which may
be a violation of copyright.
The majority of information and/or images that are available on
the web, books, journal articles, etc. are copyrighted. Permission
must be obtained from the copyright owner, or authorized representative,
before replicating unless your intended use of the information
and/or images falls within the legal exceptions of Fair
Use. Just because information and/or images can easily be replicated
does not mean that you are legally permitted to replicate them.
Items that are definitely copyrighted:
- Cartoons (comic strips and characters)
- Corporate logos
- Digital replicas of artwork
If information and/or images are explicitly noted to be within
the Public Domain, they may freely be used, replicated, downloaded
and incorporated into other materials without permission. Such
information includes:
If you are a web information provider at Hope College,
it is your responsibility to learn more about copyright.
Useful Copyright Web Sites:
Van Wylen Library - Reserves & Copyright
http://www.hope.edu/lib/reserves/e-reserves.html
The Copyright Website
http://www.benedict.com
SoundByting - Recording Industry Association of America
http://www.riaa.com/newsitem.php?id=AD9AE512-B75E-9454-E42D-4211FD6CA681
Fair Use at Stanford University
http://fairuse.stanford.edu
Copyright Management Center of the University of Texas System
Administration Office of General Counsel.
http://www.utsystem.edu/ogc/IntellectualProperty/copyrighthome.htm
Wellesley College Copyright Policy
http://web.wellesley.edu/web/Dept/LT/Policies/copyright.psml
U.S. Copyright Office
http://lcweb.loc.gov/copyright/
U.S. Copyright Office - How to Register a Copyright
http://www.copyright.gov/help/faq/faq-register.html
Copyright Clearance Center
http://www.copyright.com
Web Law FAQ from Oppedahl and Larson
http://www.oppedahl.com/copyrights/
First Person Convicted of U.S. Internet Piracy
http://www.usatoday.com/tech/news/techpolicy/2005-03-07-az-teen-downloader-convicted_x.htm
What is Fair Use? Am I the Exception to the
Rule?
Regulations explaining "fair use" were created to clarify
the conditions under which a person could use copyrighted material.
Most of the time, "fair use" governs issues of using
small amounts of copyrighted material for a short period of time
for educational purposes when there is not sufficient time to obtain
the official copyright permission and the use of the material has
no financial impact on the owner of the copyright.
U.S. Code, Title 17, Section 107
http://www.copyright.gov/fls/fl102.html
§107. Limitations on exclusive rights:
Fair Use
Notwithstanding the provisions of sections 106 and 106A, the fair use of
a copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of copyright. In
determining whether the use made of a work in any particular case is a
fair use the factors to be considered shall include -
1. the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit 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.
The fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above factors.
Four Factor Fair Use Test at the University of Texas
http://copyright.lib.utexas.edu/copypol2.html#test
This test, created by the University of Texas, is designed to
help educators determine whether their purposes and methods fall
under the exceptions of Fair Use. It further explains the 4 criteria
of Fair Use outlined in the law. When in doubt, interpret this
test very conservatively.
How Do I Obtain Permission?
- their understanding of the intended material, method, distribution
and purpose
- their ownership of the copyright or ability to authorize replication
of the material
- their permission for you to use the material in the manner
you described
- their signature, title, address and telephone number
If you receive oral permission, document the conversation carefully.
Send a confirming letter to the owner, asking him/her to initial
it and return it to you if it accurately reflects your agreement.
Any permission statements should be retained.
