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It is the policy of Alfred University and its libraries to uphold the provisions of the Copyright Law (Title 17, United States Code). The intent of the law is to balance the rights of the copyright owner with the free flow of ideas in society. Alfred University is committed to providing an environment that supports the research and teaching activities of its faculty, students, and staff. As a matter of principle and practice, the University encourages all members of the Alfred community to publish without restriction their papers, books, and other forms of communication and to share openly and fully their findings and knowledge with colleagues and the public. This Copyright Policy is intended to promote and encourage excellence and innovation in scholarly research and teaching by identifying and protecting the rights of the University, its faculty, staff, and students. At the same time, we must recognize that copyright owners have exclusive rights to reproduce their copyrighted works, to prepare derivative works, to distribute copies, and to perform or display the works publicly. Consequently, it is copyright infringement for any person other than the copyright owner to exercise any of the rights listed above unless (i) the owner has granted permission, or (ii) use of the material constitutes "fair use" under law. Every administrator and faculty and staff member who may be involved in the reproduction of copyrighted materials for classroom use, preparation of lectures and/or labs, or other campus organizational use has an important responsibility to recognize and honor the rights of copyright owners. Whenever copyrighted materials are to be reproduced for educational or administrative use, the user must first obtain the permission of the copyright owner, or determine that the planned use of the material a permitted “fair use”. Persons requesting University services involving copyrighted material will be asked to provide written certification either that the copyright owner's permission has been obtained or that the proposed use has been determined to be covered by the four "Fair Use" factors under the Copyright Law. The Four “Fair Use” Factors are: 1. The purpose and character of the use, e.g., whether the proposed use is of a commercial nature or is for nonprofit educational purposes. 2. The nature of the copyrighted work , e.g., more protection is granted for unpublished works. 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. 4. The effect of the use upon the potential market for or value of the copyrighted work. Fair use is not susceptible to exact definition and is VERY fact-dependent. Generally speaking, however, it allows copying without permission from, or payment to, the copyright owner where the use is reasonable and legal, e.g., for comment, criticism, teaching, and scholarship, and not otherwise harmful to the rights of the exclusive rights copyright owner mentioned above. However, you may not assume your intended use is fair use just because it will occur in a university or teaching environment. The fair use factors were deliberately designed to allow for flexible interpretation of the law. A court will apply all four factors to a given situation and will balance them against each other. Thus, if one factor weighs heavily against fair use but the other three do not, generally the court will not call the use unfair. You may wish to go to the S.U.N.Y. at Albany Libraries' copyright web page. It has an excellent list of links with information about all sorts of questions on copyright law, fair use, obtaining permissions from copyright holders, and more: http://library.albany.edu/divs/reserves/copyright.html. See also a fair use checklist from Indiana University’s website: http://www.copyright.iupui.edu/checklist.htm Individuals who disregard the Copyright Law are in violation of University Policy and do so at their own risk and assume all liability for any resulting infringement. Therefore, if you request or later use a photocopy or reproduction for purposes which are not "fair use," you may be liable for copyright infringement. Please note that, except in cases where the University is the author or owner of a work, permission from the University does not constitute permission from the copyright owner. COMPUTER - RELATED COPYRIGHT INFRINGEMENT Alfred University reserves the right to terminate computer access or accounts of repeated violators of the Copyright Law, whether or not valid notices of infringement (see below) have been received by Alfred’s designated agent to receive copyright infringement notices under the Digital Millennium Copyright Act on file with the Copyright Office. Director of Information Services Information Technology Services Valid notice of infringement - A valid notice of infringement under the Digital Millennium Copyright Act (DMCA) must substantially comply with the following requirements:
If Alfred University receives a valid notice from a copyright owner that substantially complies with the requirements spelled out above, the University will remove or disable access to the challenged material and notify the subscriber of this action. The subscriber may provide the University with a counter-notification disputing the claim of infringement. If a counter-notice is received, Alfred University will provide a copy to the complainant, informing him/her/it that the material challenged will be restored within ten (10) business days; provided that the subscriber complies with the DMCA’s requirements, including without limitation, agreeing to submit to the jurisdiction of the appropriate federal court if the complainant institutes legal action. To learn about the University's policy on intellectual property ownership, please refer to the most recent version of the Alfred University Faculty Handbook. The Copyright Committee at Alfred University gratefully acknowledges the use of text from policies written at Willamette University, Cornell University, and SUNYNet. August 2000. |