Issue 1: Determing Copyright StatusIssue 2: Applying the "fair use" principleIssue 3: Posting copyrighted material in an online settingIssue 4: Using copyrighted material in a physical classroom
FAQS- What is Public Domain?FAQS- What is Fair Use?
EBSCOJSTORProquest-NY Times Historical/AgricolaLexisNexisSample page using PURL links
This is the "Franklin College Copyright Policy" page of the "Copyright and Intellectual Property" guide.
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This guide is intended to help Franklin College faculty, staff, and students interested in the proper and legal use of copyrighted material. It contains both the Franklin College Copyright Policy and the Franklin College Intellectual Property Policy.
Last Updated: Jun 23, 2014 URL: http://franklincollege.libguides.com/copyright Print Guide RSS Updates

Franklin College Copyright Policy Print Page
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Navigating this Libguide

Subpages have been created under each main topic area; hover your mouse over a major topic to explore the subpages. Here is this Research Guide’s sitemap:

I.   Fair Use

A.  Determining the copyright status of a book, article, or other tangible item.

B.  Applying the "fair use" principle to your instructional materials.

C.  Posting copyrighted material in an online instructional setting such as Moodle

D.  Using copyrighted material in a physical classroom.

 

II.  FAQS and Resources.

A.  What is copyright?

B.  What is public domain?

C.  What is fair use?


III.  How to link to the Library’s Databases

A.  Ebsco

B.  JSTOR

C.  Proquest

D.  LexisNexis

            IV.  Library Reserve Guidelines

 

Franklin College Policy

Franklin College Copyright Policy


As an institution of higher learning, Franklin College supports and encourages the exchange and sharing of information for the advancement of knowledge. The College does this with the expectation that all persons associated with the College will fully comply with the provisions of the U. S. Copyright Law of 1976, as amended, (Title 17, United States Code) and the Digital Millennium Copyright Act (DMCA). It is important that any claimed Fair Use of copyrighted materials for any purpose should be undertaken only after:

  • carefully considering the Fair Use guidelines that are readily available and posted on College Web pages and intranet
  • accurately documenting the decision in the event of a challenge by the copyright holder

Individuals who purposely or through negligence infringe on Copyright Law do so at their own risk and assume full responsibility for their actions. Anyone associated with Franklin College who infringes on Copyright Law may be subject to disciplinary action by the College. For students, such infringements are addressed through the standard judicial process, except in cases that take place in an academic contextwhich constitute academic dishonesty. Any materials stored on Franklin College servers that do not comply with copyright law are subject to immediate removal.

 
Incidents of suspected copyright infringement in an academic context should be reported to David G. Brailow, vice president for academic affairs and dean of the college. All other cases should be reported to Ellis F. Hall, dean of students.

 

What constitutes a copyright violation? Some examples are:

  • Downloading copyrighted music, text, video, graphics, etc. from a Website that has not obtained the rights to offer this material to the public and does not compensate the authors/producers for allowing access to their material.
  • Hosting a Website that provides others with access to copyrighted materials (usually music) without permission from the authors/producers. [For example: peer-to-peer (P2P) sharing.]
  • Posting either entire or significant portions of copyrighted materials on a Web page thereby allowing unauthorized access to the content.

There are some exceptions that apply to the use of copyrighted materials in an academic setting under the fair-use provision of copyright law. To learn about these exceptions and for additional information about how copyright laws and regulations might apply to you, visit the Website: http://copyright.gov.
 

 

The following is a summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
 

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
 

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.


For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

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The URL for the electronic version: http://franklincollege.libguides.com/copyright 

A printed copy of this policy is available upon request to: http://www.franklincollege.edu/ask-librarian .


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    Ron Schuetz


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