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SCC Policies



Copyright Policy

Approved By and Date:Board of Trustees02-20-2014
 Executive Leadership Team12-19-2013
 ICORE12-18-2013

The purposes of the Stanly Community College (SCC) Copyright Policy are to

1)  establish the requirement for all SCC employees and students to comply with federal copyright laws;

2)  to meet the requirements of the Technology, Education, And Copyright Harmonization Act (TEACH Act); and

3)  prohibit the unauthorized duplication and distribution of copyrighted works through peer to peer file sharing on campus networks in accordance with the Digital Millennium Copyright Act (DMCA) of 1998.

Any SCC employee or student that does not adhere to this policy is subject to disciplinary action.  Violators of the policy are also subject to civil and criminal penalties for violation of federal copyright laws.  Anyone found liable for civil copyright infringement may be ordered to pay either actual damages or statutory damages (Title 17, United States Code, Sections 504, 505).


Copyright Procedures

Approved By and Date:Executive Leadership Team12-19-2013
 ICORE12-18-2013

I.  Definitions

            A.  Copyright

                        Copyright is a legal term that grants the creator of an original work exclusive

                        rights to its use and distribution, with the intention of enabling the creator to

                        receive compensation for his work.  The creator also has the right to be credited

                        for the work, who may adapt the work, who may perform the work, and other

                        related rights.  In order to be protected by copyright, a work must be:

            B.  Fair Use Doctrine

                        Described in Section 107 of the Copyright Act of 1976, this doctrine allows for

                        certain uses of copyrighted works, without permission or payment, for purposes

                        such as criticism, comment, news reporting, teaching (including, in some

                        instances, multiple copies for classroom use), scholarship, or research.  Fair Use

                        applies to all forms of media (film, web content, paper, etc.).

            C.  TEACH Act

                        The Technology, Education, And Copyright Harmonization Act was passed in

                        2002, and allows educators to perform or display copyrighted works in distance

                        education environments, provided that all TEACH Act requirements are met (see Section IV of this policy).

            D.  Online Teaching

                        This term refers to any instruction that involve an online component.  This includes classes that are delivered completely online, but also those that contain a                            combination of online and other delivery methods.

            E.  Peer-to-Peer File-Sharing

                        This type of file-sharing refers to the distribution and sharing of digital documents

                        and computer files using the technology of peer-to-peer networking.  The process

                        allows users to access media files such as books, music, movies, and games using

                        specialized peer-to-peer software programs.  This practice is strictly prohibited.

 

II.  SCC Copyright Guidelines in accordance with the Fair Use Doctrine

A.  Printed Materials

          1.  Faculty may make one copy of the following for instructional use in the

                      classroom:

    2.  Faculty and staff must adhere to the following restrictions in making multiple copies

                without permission from the copyright owner:

    4.  The institution is authorized to make copies of materials as necessary to comply with ADA to meet needs of visually impaired students.

 

B.  Video and Audio

          1.  To utilize video recordings made from Public Broadcasting companies, the following must be met:

     2.  Videos rented at a video store and labeled “For Home Use Only” cannot be

                 shown on campus.

     3.  Videos purchased with college funds may have one back-up copy made.

     4.  It is illegal to videotape a 16-mm film.

          5.  Audio recordings (music): An entire work cannot be recorded—only 10 percent of

                        the song, record, album, etc. is permitted to be recorded and used for          

                        instructional purposes.

          6.  Instructional video recordings: One per student may be made if permission is

                      given from the publisher.

 

C.  Print/Graphics

1.  Workbooks, activity sheets, or any other copyrighted consumable material may not be reproduced.

2.  Only one copy may be made for a transparency for classroom use.

3.  No one shall make multiple copies of copyrighted materials from the Library

             (inclusive of out-of-print text).

 

III.  Works Not Copyrighted

            The following items are not subject to copyright laws:

            1.  Facts, ideas, URLs

            2.  Processes, methods, systems, and procedures

            3.  Titles

            4.  All works prepared by the United States Government

            5.  Constitutions and laws of State governments 

            6.  Works in the public domain – works that are no longer copyrighted due to one of three reasons:

 

IV.  Online teaching and TEACH Act

            When determining whether materials are allowable for use in online teaching, each of

            the following requirements must be in place:

                        1.  Teaching must occur at an accredited, nonprofit educational institution.

                        2.  Only lawfully acquired copies may be used.

                        3.  Use is limited to performances and displays.  The TEACH Act does not apply

                                    to materials that are for students’ independent use and retention, such as

                                    textbooks or readings.

                        4.  Use of materials must be within the context of mediated instructional activities.        

                        5.  The materials to be used should not include those primarily marketed for the

                                    purposes of distance education (ex:  an e-book or a multimedia tutorial).

                        6.  Only the students enrolled in the section should have access to the material.

                        7.  Reasonable efforts must be made to prevent students from distributing the

                                    material after viewing it.

                        8.  If a digital version of the work is already available, then an analog copy cannot

                                    be converted for educational use.

                        9.  Students must be informed that the materials they access are protected by copyright.

                        10.  The educational institution must have a policy on the use of copyrighted

                                    materials and provide informative resources for faculty advising them on

                                    their rights.

 

V.  Peer-to-Peer File-Sharing

            A.  Stanly Community College forbids the use of ad-hoc peer-to-peer file sharing

                        programs to exchange copyrighted material while on the SCC network. 

                        Unauthorized duplication, use, or distribution of copyrighted materials, including

                        music and video files is illegal under the DMCA.  Failure to adhere is against the

                        law and may result in the Federal Bureau of Investigation as well as the

                        Recording Industry Association of America investigating and/or prosecuting

                        alleged violations.  This applies to all students, employees, and visitors using the

                        SCC network.

            B.  The SCC Information Technology Division, under the direction of the Chief

                        Technical Officer will devise and maintain a plan for technology deterrents that

                        may or may not include the following:

                        1.  A packet inspection solution for bandwidth shaping and traffic monitoring;

                        2.  Diligent response to DMCA notices to ensure active monitoring and

                                    categorization based on the source; and

                        3.  Utilization of web security appliances to block peer-to-peer websites that

                                    promote illegal file-sharing.