Bates
College Copyright Policy:
- Bates College prohibits violations of copyright, license
restrictions, trade secrets, privacy and authorial
integrity. Distributing or receiving materials protected
by copyright
without permission of the copyright owner may be
a violation of federal or state law and/or College policy.
Violations
may be grounds for sanctions against members of the
Bates community and may be subject to civil or criminal
penalties.
- It is the responsibility of those reproducing materials
to make sure the reproduction is consistent with
U.S.
Copyright Law. Bates College complies with all
aspects of copyright
law, and has adopted
guidelines on copyright
permissions that are revised from time to time.
- Students, faculty and staff members are expected to comply with copyright laws and should remember that failure to observe these laws may result in individual liability for copyright infringement. The College will provide no defense or indemnification to students who illegally reproduce copyrighted material. In some circumstances, such as in cases where employees believe they are following the law and College policy in good faith,the By-Laws of the College and the Maine Non-Profit Corporation Act may provide for defense and indemnification of faculty and staff members in cases of alleged copyright infringement.
- Bates College employees who direct others to reproduce materials in any format have the responsibility to see that doing so does not infringe upon copyright laws. Copyright law may vary depending upon the intended use. Federal copyright law governing reproduction of copyrighted materials by libraries and archives is addressed in 17 U.S.C. § 108.
- Materials
used in educational or classroom settings must
be lawfully made copies. Classroom performance
or display
of a work that is “given by means of a copy
that was not lawfully made . . . and that the
person responsible for
the performance knew or had reason to believe
was not lawfully made” is an infringement
of copyright (see
17 U.S.C. § 110(1)).
- The
College does not monitor contents of files as
a matter of course, but does monitor network
and other computer usage.
In the process of doing that work College
staff may become aware of violations of the law or
College policy. If violations
are discovered or suspected, College
personnel may
report infringement to appropriate authorities
or take other
action, including, but not limited to:
warning the user, removing
the material, or terminating access to
the material.
- Illegal copying puts users at risk. Individuals
and organizations throughout the world
can and do monitor
individual use of
materials for which they hold copyright.
Students, faculty and staff members are individually
accountable to copyright
owners.
- Bates College receives inquiries from
persons and agencies regarding alleged copyright
or license infringements by individual users of the
Bates network. Notifications of claims of copyright
infringement by copyright owners under
the Digital
Millennium Copyright Act must be
sent to the College’s designated
agent. Bates College has registered
the following agent with the Copyright Office:
| Name: |
Eugene Wiemers |
| Address: |
48 Campus Avenue,
Lewiston ME 04240 |
| Phone: |
(207) 786-6260 |
| Fax: |
(207) 786-6055 |
| E-Mail: |
ewiemers@bates.edu |
Notice and Take-Down
Procedure:
In order to be effective, a notification
of claimed infringement must
be a written communication
provided
to the designated
agent of Bates College at the
above address and must include substantially the following:
- a physical or electronic signature
of a person authorized to act on behalf of the owner
of
an exclusive
right that
is allegedly
infringed;
- identification of the copyrighted
work or works claimed to have been infringed;
- identification
of the material that is claimed to be infringing
and information reasonably
sufficient to
permit
the service
provider to locate
the material,
including IP address, date,
and time that the material was found;
- identification reasonably
sufficient to permit the service provider
to contact the complaining
party (e.g.
address,
telephone number
and e-mail address);
- a statement
that the complaining party has a good faith
belief that use of the
material in the
manner complained
of is not authorized
by
the copyright
owner,
its agent, or the law;
and
- a
statement that the information in the notification
is accurate, and under
penalty
of perjury, that
the complaining party
is authorized to act
on behalf
of the owner of an
exclusive right that is allegedly infringed.
Anyone considering submitting a notice of copyright
infringement to Bates College is referred
to Title
17 U.S.C. § 512(c)(3)(A) for the specific requirements
of notice alleging that content infringes
and 17
U.S.C § 512(d)(3) for the specific requirements of notices
alleging that the information location tools,
such as links, contribute to the infringement
of copyrighted material. In such cases Bates
College personnel will
take appropriate steps to notify individuals
involved, and may take additional steps as necessary.
- This policy may be changed at
any time without notice.
- Persons with questions or concerns about Bates
College copyright policy, and any Bates students,
faculty or staff members seeking to challenge
a claim of copyright infringement, should contact
Eugene Wiemers, Vice President for Information and Library Services and Librarian.
|
COPYRIGHT BASICS: |
 Definition
of Copyright:
Under
the laws of the United States, copyright
is a form of legal protection provided to
the creators of “original works
of authorship fixed in any tangible medium
of
expression,” which may include literary
works, musical works, dramatic works,
motion pictures, sound recordings and
other intellectual
works. (For a more detailed definition
and list of protected materials see 17
U.S.C. § 102
et. seq.) |
 Rights
of Copyright Owner:
The owner of copyright has the
exclusive rights to do and to authorize any
of the following:
- to reproduce the copyrighted
work in copies or phonorecords (e.g.
cassette tapes or compact
disks);
- to prepare derivative works
(i.e. adaptations, fictionalizations,
recasts, etc.) based upon
the copyrighted work;
- to distribute
copies of the copyrighted work to the
public by sale or other
transfer of ownership,
or by rental, lease, or lending;
and
- to perform literary, musical,
dramatic and choreographic
works, pantomimes
and motion pictures
(see
17 U.S.C § 106).
|
 Copyright
Infringement under Federal Law:
A copyright owner
has the right to institute legal action against
individuals who violate any of the
exclusive rights of the copyright owner (see
17 U.S.C. § 501). |
 Doctrine
of Fair Use:
Fair use is a legal doctrine that establishes
limitations on the exclusive rights of copyright
owners. This
doctrine of fair use may be raised as a defense
to a claim of copyright infringement. The
following four factors are considered when determining
whether
the use of copyrighted material is infringing
on the rights of the copyright owner:
- the
purpose and character of the use, including
whether such use is of commercial
nature or is
for nonprofit educational purposes;
- the nature of the copyrighted work;
- the
amount and substantiality of the portion
used in relation to the
copyrighted work; and
- the effect of
the use upon the potential market for
or value of
the copyrighted
work.
Though copyright law does
not offer a definitive meaning of
fair use
for any
specific application,
a determination as to fair
use will be governed by a reasoned
and responsible
application
of these four factors (see
17 U.S.C. § 107).
| Bates users may be interested in looking
at The
University of Texas guide to fair use,
which provides a commonsense approach
to the topic and examples of how the four
factors may be applied in making specific
judgments. |
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