ADMINISTRATIVE RULE NO: 4030-02

RELATED TO POLICY SERIES NO: 4030

TITLE: COPYING BOOKS OR PERIODICALS FOR USE IN AN ACADEMIC SETTING

PURPOSE

To provide guidance to Linn-Benton Community College faculty and staff in the use of copyrighted materials in the physical and online instructional setting.

STATEMENT

The growth of the Internet has sparked a tremendous change in the types of instructional objects available for faculty and use, including:

  • Web pages
  • Electronic documents (pdf, epub)
  • eBooks
  • Streaming videos
  • Simulations
  • Online tutorials

The presence and access to any instructional object on the Internet does not automatically provide for the uninhibited use of such objects without obtaining or purchasing rights for their use. Linn-Benton Community College will observe all federal laws governing the use of copyrighted material. Employees who knowingly violate copyright law also violate this college administrative rule and are, therefore, acting outside the scope of their employment. Employees acting outside the scope of their employment, and in knowing violation of copyright law, are personally liable to defend themselves against any enforcement action brought by a copyright owner. Further, such employees are personally liable to pay any judgment resulting from a successful infringement claim.

In order to prevent the unauthorized use of copyrighted materials, the college has established the following rules:

  1. No college employee shall copy, or provide access to copyrighted material unless that employee has obtained permission from the copyright owner or is acting through a recognized exception created by the copyright statutes (e.g., the “fair use” doctrine).

  2. For the convenience of faculty and students, the Linn-Benton Community College Library shall provide access to a wide range of copyrighted instructional materials in different formats. Library faculty shall meet regularly with instructional faculty and staff to assess needs for instructional materials.

  3. Each director or dean is responsible for establishing practices that will enforce the copyright policy in his or her area. Each person will be held individually responsible for following the established copyright policy and administrative rules.

  4. Federal law provides classroom instructors a limited exception to the permission requirements contained within the copyright statutes. This exception, deemed the “fair use” exception, is imprecise and subject to varying interpretations. Despite the lack of clarity in the law, faculty and staff should consider the following factors, provided by the United States Copyright Office in Section 107 of U.S. Copyright Law, in determining whether or not their usage of copyrighted material is in concordance with “fair use”.

  1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes

  2. Nature of the copyrighted work

  3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole

  4. Effect of the use upon the potential market for or value of the copyrighted work.

DATE OF ADOPTION: 04/06/93

DATE(S) OF REVISION(S): 11/14/00, 04/25/2016

DATE OF LAST REVIEW:

UNDER REVIEW: 6/2/16