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Intellectual Property

Copyright Guidelines

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Table of Contents

COPYRIGHT ADMINISTRATIVE REGULATION

MCCCD COPYRIGHT GUIDELINES
Introduction
Guidelines in a Nutshell
Use of MCCCD Resources

COPYRIGHT BASICS
What is a copyrightable work?
What is a copyright?
What are derivative works?
What are moral rights?
Are digital works covered by copyright?
PUBLIC DOMAIN WORKS
How do you know if a work is the public domain?
Is the entire work in the public domain?
Owner still charging to use a work that is in public domain?
What is a "Publication?"
Is a new addition to a public domain work protected?
FAIR USE PRINCIPLES
What is "Fair Use?"
Purpose and Character of Use
Nature of Copyrighted Work
Amount and Substantiality of work used
Effect of Use on Market for Work
Do any "Safe Harbors" Exist for Educational Uses?
Examples of Fair Use Cases in the Educational/Scholarly Context
Conducting a Fair Use Analysis
Fair Use Checklist
PERMISSION
Who owns the copyright in the work?
How do I find the owner of a copyright?
--Music Industry
--Fine and Graphic Arts
--Syndicates (news columns, editorials, cartoons)
--Photography
--Printed Materials
--Plays/Musicals
--Movies
Orphan Works—When a copyright owner cannot be found
How do I get permission?
What written form should I use?
USE AGREEMENTS
Sample Use Agreement
Request and Use Agreement Checklist
LIBRARY POLICIES
Copies for Use by Others
Copying Articles and Small Excerpts
Copyright Warning
Copying Out-of-Print Works
Multiple Copies
Interlibrary Loans
Unsupervised Copying by Others
Copies of Unpublished Works for Preservation
and Security or Research
Copies of Published Works for Replacement Purposes
Lending of Computer Software
Notice: Warning of Copyright Restriction
GUIDELINES FOR SPECIFIC MEDIA
Printed Materials
Guidelines for Classroom Copying
--Single Copying for Teachers
--Multiple Copies for Classroom Use
Definitions
--Brevity
--Spontaneity
--Cumulative Effect
Prohibitions to Copying for Classrooms
Course Packets
Books
Periodicals
Advertisement
Graphs, Charts and Lists
Letters
Interviews and Speeches
AUDIO-VISUAL AND PERFORMANCES
Music
--Permissible Use of Music for Educational Purposes
--Prohibited Use of Music for Educational Purposes
Film
Television
-Guidelines for Off-Air Recordings for Educational Purposes
Performances
Artwork
Works of Fine Art
Illustrations
Graphics
Rights of Publicity
COMPUTER SOFTWARE
Backup Copy
Licenses
Open Source Software
Lending of Computer Software by Libraries
Notice: Warning of Copyright Restrictions
ONLINE MATERIALS
Use of Freely-Available Materials on the Internet
Open Educational Resources (OER)
Creative Commons Licenses
Posting Copyrighted Materials to MCCCD Websites?
Linking to Websites
ONLINE LEARNING AND THE TEACH ACT
Expanded Rights under the TEACH Act
Exclusions from Coverage
Guidelines for Providing Online Access to Materials Performed or Displayed in an Online Course
TEACH Compliance Checklist



Questions or comments?
Contact Lee Combs @ 480.731.8878

Maricopa Community Colleges
Office of General Counsel
2411 West 14th Street
Tempe, AZ 85281-6942
480.731.8877 / 480.731.8890 fax

Legal Services Disclaimer
MCCCD Disclaimer
Page Updated 05/20/14

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