Notes from the Sept. 9, CSU Academic Policy Roundtable

Copyright

Issues and Concerns

Who is the designated agent for complaints and notifications of infringement? According to the Digital Millennium Copyright Act (DMCA) each campus must have one. Check it out at the US Copyright Office.

The TEACH Act allows making a copy under the following conditions:

• if none already exists
• for one class session (what is that? how is "session" defined?)
• must adopt copyright policy at the institutions
• must allow access to registered students only
• must educate university community on copyright law and promote compliance
• must prevent students from making copies
• excluding works not lawfully acquired

Copyright interpretation is an art as well as a science. Take a reasonable position.

Legal shields to copyright infringement allegations are:

• TEACH
• Integral to the class
• Controlled by the instructor
• Normally viewed in a face-to-face class
• Lawful copy, no reason to believe it was illegally made
• Not part of a coursepack/textbook
• Must be used in classroom (take home not allowed)
• Fair Use
• Purpose transformative use
• Amount Don't be a pig. If you can conjure up the original work with the amount you use, it can be too much for Fair Use. Use the smallest amount possible.
• Nature Is it informational? Serving the public good? Or is its purpose to entertain? Is it published or not published?
• Effect Is there a market for the material? How is your use impacting the market?
• Permission

Access + Substantial Similarity = Infringement

Contact Marion Smith, Policy & Web Consultant, CSU Dominguez Hills
Last update: 17 Feb 2005