Policies & Procedures

GA2005 Copyright Policy

Purpose

The purpose of this policy is to state the College’s intent to follow United States Copyright Law, Title 17, U.S. Code, 1976 and to define relevant terms.

Statement of the Policy

The Board of Trustees of SUNY Broome Community College, through the establishment of this policy, intends to follow the United States Copyright Law Title 17, U.S. Code, 1976. The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted material. Our policies are based on careful review of the law itself, the Fair Use of Guidelines of 1998(pdf), the TEACH Act of 2002, the Digital Millennium Copyright Act(pdf), and the DMCA exemptions of 2006.

The Board of Trustees further requires all members of the SUNY Broome Community College community, including faculty, staff, students and, other third parties who have access to information technology resources at SUNY Broome Community College to adhere to the same copyright laws.

Related Policies (by number)

AA4003 Open Access

To Whom it Applies (title or department)

This policy applies to students, faculty, staff, including full and part time employees, and other third parties who design or produce instructional materials that require an investment of College resources.

Definitions

• Copyright – The U.S. Copyright Act (Title 17, U.S. Code) affords the copyright owner the exclusive right to do and to authorize others to: 1) reproduce the copyrighted work; 2) make derivative works based upon the original copyrighted work; 3) distribute copies of the copyrighted work; 4) perform and/or display the copyrighted work publicly. Copyrighted works include the following categories: literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. This coverage includes books, magazines, journals, newsletters, maps, charts, photographs, graphic materials, and other printed materials; unpublished materials, such as analysts’ and consultants’ reports; and non-print materials, including electronic content, computer programs and other software, sound recordings, motion pictures, video files, sculptures, and other artistic works. Copyright law does not protect ideas, data, or facts.
• Creative Commons Licensing – licensing that enables creators of copyrighted work to grant permission to others to retain (make and own a copy), reuse (use in a wide range of ways), revise (adapt, modify, and improve), remix (combine two or more), and redistribute (share with others). (About the Licenses) Note: All CC licenses require attribution unless marked as CC0.
• Fair Use – the right to use copyrighted materials without consent of the copyright owner, usually for scholarship, teaching, research, or criticism, as stipulated by Section 504(c)(2) of the Copyright Act.
• Licensed works – works for which the individual or the College obtains permission for a particular use and/or works that hold a Creative Commons license, wherein the copyright owner permits use.
• Public Domain – works not protected by copyright or works created by the federal government.
• Publication – the distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.