Teaching

1. Copyright law gives an author the exclusive right to reproduce, sell, distribute, revise, display, perform, broadcast or record a work. Any reproduction or other use of a work either must be done with the permission of the copyright owner or must be permitted by an exception contained in the Copyright Act.
2. Copyright protection extends to original works of authorship fixed in any tangible medium, including books, journals, newspapers, articles, audiovisual materials, computer programs, literary works, musical compositions, lyrics, graphic works, sculptures, other works or the visual arts, dramatic works, choreography, sound recordings and architectural works.
3. Copyright protection does not cover works in the public domain, ideas, facts, mathematical formulas, measuring devices, blank forms, or works of the U.S. government. However, the mere fact that a work is factual in nature, or discuss mathematical formulas, does not mean that the work as a whole is unprotected.
   
   
4. Duration of Copyright
   
   1. Under current U.S. law, copyright protection for a work remains in force throughout the life of the author and until the end of the 70th year following his or her death. If a work is authored by more than one individual, copyright protection lasts until the end of the 70th year following the death of the last surviving author.
      
      
   2. In cases where the work constitutes a work for hire (i.e., a work where a company is considered the author, rather than an individual), copyright protection remains in effect until the end of the 95th year following the first publication, or until the end of the 120th year following the creation, whichever expires first. The same durations apply to anonymous and pseudonymous works, unless the identity of one or more authors is revealed in Copyright Office records, in which case the durations set forth above apply.
      
      
5. Effect of Copyright Notice: At one time, works that were published in the United States without copyright notice were considered dedicated to the public domain. However, with the passage of the Berne Convention Act of 1988, copyright notice is no longer required to obtain or retain copyright protection. Consequently, the better approach is to assume that a work is protected by copyright unless you have a clear basis on which to determine that it is not protected.
   

The fair-use provision is presented as Section 107 of Title 17 of the United States Code. This section of the law allows limited reproduction and use of copyrighted materials without the copyright holder's permission and without payment of a fee. Fair use may allow for limited copying or other use of materials for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. If the limits of fair use are exceeded, permission of the copyright owner must be obtained to permit reproduction or other use of materials.

1. Although one purpose of the fair use doctrine is to recognize that some copying and distribution of works in educational settings should be permitted without the permission of the copyright owner, it does not exempt all copying and use of protected works merely because they occur in an educational context. Instead, determining whether a particular use is a fair use involves a consideration of a number of factors, including the following:
   
   
   1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
      
      
   2. The nature of the copyrighted work.
      
      
   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.
      
      
2. Recognizing that the fair use doctrine is often difficult to apply, guidelines have been developed to help educators determine whether a particular use is a fair use. These guidelines cover:
   
   
   1. copying printed materials for use in classrooms [see 2303.10];
      
      
   2. copying or using musical compositions in educational settings [see 2303.9], and
      
      
   3. recording broadcast programs for use in the classroom [see 2303.3(a)].
      
      
   4. Other Exceptions: In addition to the uses permitted by fair use, the Copyright Act identifies several other specific uses which are allowed without obtaining specific permission from the copyright owner. These uses relate to the following:
      
      
      1. copying by libraries for patron use [see 2303.6(d)];
         
         
      2. copying by libraries as part of the interlibrary loan process [see 2303.6(e)], and
         
         
      3. backup copies of computer software [see 2303.5(a)].

1. A broadcast program may be recorded off air simultaneously with broadcast transmissions (including simultaneous cable retransmission) and retained for a period not to exceed the first 45 consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately.
2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and may be repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction during the first ten consecutive school days of the retention period. "School days" are school session days, not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions.
3. Off-air recordings may only be requested and used by individual teachers and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.
4. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions of the original recording.
5. After the first ten consecutive school days, off-air recordings may be used up to the end of the retention period of 45 consecutive calendar days, only for evaluating and determining whether or not to include the program in the teaching curriculum. It may not be used in the recording institution for student exhibition or any other nonevaluation purpose without authorization.
6. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
7. All copies of off-air recordings must include copyright notice on the broadcast program as recorded.
   
   
8. Tapes recorded by the Center for Teaching and Learning must be returned to the Center for Teaching and Learning after the first ten consecutive school days. The Center for Teaching and Learning will retain them for the remainder of the 45-day limit and will assist departments in obtaining licensing or will erase accordingly.
   

1. Videotaping of any performance on Wright State University campus will be done only with all clearances and permissions in writing. These clearances must state the intended use of the videotape (for example, classroom use, recruiting, and resumes).
2. If a performance or event is considered public domain in all aspects (music, arrangements, script, etc.), the Center for Teaching and Learning will videotape the performance or event.
   
   

1. Faculty/departments should review the copyrighted content (if any) of class packets and submit the appropriate form along with the manuscript to the rotary administrator.
2. The copyright coordinator in Printing Service must obtain written permission from the copyright holder before the material can be reproduced and subsequently sold.
3. Acquisition of copyright permission is often a complex and time-consuming process; therefore, adequate time should be allowed for processing. Some permissions are granted immediately; others may take up to eight weeks or even longer. Further, the copyright owner is under no obligation to grant permission to use the work. Accordingly, faculty may wish to develop contingency plans in the event that permission cannot be obtained or cannot be obtained in a timely manner.

1. In many instances, use of software may be restricted by the terms of the license. For example, use of software may be restricted to a particular computer at a particular site. In addition, use of the software may be limited to specific purposes. In these circumstances, permission of the copyright owner must be acquired if the purchaser wishes to use the software on a different computer at a different site, or for any other purpose not permitted by the license.
2. In the case of some software, the university may purchase a site license, which will permit the use of the software on more than one computer at the University. It is usually in the best interest of the university to purchase a site license when such a plan is available. However, the number of computers that the software can be used on is regulated by the license, and the mere fact that the University has purchased a site license does not mean that the software can be used on any computer on campus.
3. Individual employees who acquire software for their personal use with regard to their duties at Wright State University must secure any necessary licenses, and must supply printed copies of such licenses to the University before installing the software on University computers. If the software is purchased by Wright State University, any licenses will be in the name of the institution. Employees may not make copies of software programs for associates, but they may transfer their use to a colleague after receiving permission from the University to do so. In doing so, the original user loses the right to continued use of the software and may not retain any copy or make any further use of the software.
4. If the university supplies licensed software to students in the course of instruction in a classroom, then sufficient licenses must be held by the university for all computers in that classroom.
5. If the university supplies licensed software to students in the course of instruction in other than a classroom situation, sufficient licenses must be held by the university for all students in the class and for the instructor.
6. If more than one class is using licensed software during the same quarter, sufficient licenses must be held by the university for all such classes.
7. Shareware is easily identifiable through explicit statements within the software documentation, or identification is displayed on the computer screen. Unless these explicit statements identify the software as shareware, the user may assume that they may not be duplicated. Even if software is shareware, the copyright owner may have placed restrictions or limitation on the duplication and use of the software.
8. The user should not assume that software not containing a copyright notice is in the public domain and may be copied freely. The user should consult with Computing and Telecommunications Services to ensure that the software to be copied is in the public domain.

1. the library’s collection must be open to the public, or otherwise available to persons doing research;
   
   
2. the copying must be done without any direct or indirect commercial advantage;
   
   
3. any copies made must include the original notice of copyright or a statement that the work may be protected by copyright, and
   
   
4. the library must not have reason to believe it is engaging in the related or concerted reproduction or distribution of multiple copies of the same material, whether made on one occasion or over a period of time.

1. works not protected by copyright or otherwise in the public domain;
2. original works commissioned by Wright State University media, provided that Wright State University media has acquired copyright in the work or a license to reproduce or use the work in the manner proposed; and,
3. reports composed for Wright State University media by employees of the Wright State University media.
   

1. It is emergency copying to replace purchased copies that are not available for an imminent performance, provided purchased replacement copies shall be substituted in due course.
2. Single or multiple copies of excerpts may be made for academic purposes other than performance, provided (a) the excerpts do not comprise a part of the whole that could constitute a performable unit, such as a section, movement or aria; (b) such copying does not exceed 10 percent of the work and (c) that no more than one copy per student is made.
3. Printed copies that have been purchased may be edited or simplified, provided that the fundamental character of the work is not distorted or the lyrics altered or added.
4. A single copy of recordings of performances by students may be made for evaluation purposes and may be retained by the institution or instructor.

1. Copies shall not be made to create or replace or substitute for anthologies, compilations, or collective works.
2. Copies shall not be made of or from works intended to be consumable in the course of study or in teaching, such as workbooks, exercises, standardized tests and answer sheets, and like material.
3. Copies shall not be made for the purpose of performance, except for emergency copying as described in 2303.9(a)(1)
4. Copies shall not be made for the purpose of substituting for the purchase of music, except for emergency copying as described in 2303.9(a)(1) and for copies of excerpts as described I 2303.9(a)(2).
5. Copies shall not be made without inclusion of the copyright notice that appears on the printed copy.
   

1. A chapter from a book.
2. An article from a periodical or newspaper.
3. A short story, short essay, or short poem, whether or not from a collective work.
4. A chart, graph, diagram, drawing, cartoon, or picture from a book or periodical or newspaper.

1. the copies will be used in classroom teaching for only one course during one academic quarter.
   
   
2. no more than one copy is made per student in a particular course.
   
   
3. the copying meets the test of brevity:
   
   
   1. For poetry, a complete poem if less than 250 words and if printed on no more than two pages, or an excerpt from a longer poem, provided the excerpt is not more than 250 words. (These limits can be expanded to permit the completion of an unfinished line of a poem.)
      
      
   2. For prose (excluding special works as described in (d) below), a complete article, story, or essay if less than 2,500 words, or an excerpt from a longer prose work, provided that the excerpt is not more than 1000 words and not more than 10 percent of the work (unless the 10 percent threshold would limit the excerpt to less than 500 words, in which case the excerpt can be 500 words long). (These limits can be expanded to permit the completion of an unfinished paragraph.)
      
      
   3. For illustrations, one chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.
      
      
   4. For special works (such as works in poetry, prose, or poetic prose, which combine language with illustrations and which fall short of 2,500 words in their entirety), an excerpt comprising not more than two of the published pages of such special work and containing not more than 10 percent of the words found in the text thereof.
      
      
4. the copying meets the test of spontaneity:
   
   
   1. It is at the instance and inspiration of the instructor.
      
      
   2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
      
      
5. the copying meets the cumulative effect test:
   
   
   1. The copied material is used for only one course.
      
      
   2. The copying does not involve more than one work (or two excerpts) from the same author, or more than three from the same collective work or periodical volume per class term. (This limitation is waived with respect to current news periodicals and newspapers, and current news sections of other periodicals.)
      
      
   3. No more than nine instances of multiple copying occur per class term. (This limitation is waived with respect to current news periodicals and newspapers, and current news sections of other periodicals.)
      
      
6. a notice of copyright is included on the first page of each photocopy.
   
   

1. Copies shall not be made to create or to replace or to substitute for anthologies, compilations, or collective works.
2. Copies shall not be made of or from works intended to be consumable in the course of study or teaching. These works include workbooks, exercises, standardized tests, and test booklets and answer sheets.
   
   
3. Copies shall not be made to substitute for the purchase of books, publishers' reprints, or periodicals.
   
   
4. Copying shall not be repeated with respect to the same item by the same teacher term to term.
5. No charge shall be made to the student beyond the actual costs of the photocopying.
6. Authority figures (e.g., teachers and supervisors) shall not direct students or employees under their supervision to perform actions that are in violation of copyright law or fair use guidelines.