Current through all regulations passed and filed through September 16, 2024
(A) Define copyright - Copyright is the
ownership and control of the intellectual property in original works of
authorship that is subject to copyright law. All rights in copyright shall
remain with the creator unless the work is a "work for hire." For the purposes
of this policy, a work will be considered a "work for hire" if the work is
supported by a direct allocation of funds through the college for the pursuit
of a specific project, is commissioned by the college, or is otherwise subject
to contractual obligations that define it as college work. This policy covers
all faculty and staff of the college including adjunct faculty.
(B) Printing/copying
(1) The unauthorized use or copying of any
material which is copyrighted and/or licensed is illegal and unethical. The
copyright law of the United States (Title XVII United States Code) governs
reproducing copyrighted material. Faculty, staff, and students shall abide by
the national standards for copyright as reflected in the following guidelines:
(a) Guidelines for classroom copying for
not-for-profit educational institutions with respect to books and
periodicals
(b) Guidelines for use
of audiovisual materials including video tapes, CDs, DVDs, etc.
(c) Guidelines for off-air recording of
broadcast programming for educational purposes
(d) Guidelines for educational uses of
music
(2) Failure to
observe copyright and/or license agreements is a violation of the law and of
Clark state policy.
(3) No
college-owned/leased copying or computing equipment shall be used for
unauthorized copying or commercial purposes.
(4) Respect for the intellectual work and
property of others has traditionally been essential to the mission of Clark
state college. Plagiarism is not
tolerated nor is the unauthorized copying of software (including programs,
applications, data bases, and code), and any other material protected by
copyright.
(5) The faculty and
staff of Clark state college
recognize its obligation to provide continuing guidance as to what constitutes
academic honesty and to promote procedures and circumstances which will
reinforce this principle.
(6) To
ensure compliance with the guidelines, the college shall make the
guidelines/copyright notice available to all faculty, staff, and students.
Copyright guidelines are included in the faculty, staff and student handbooks
and are posted in computer labs and other public areas where there is equipment
capable of producing copies. This includes public copiers, fax machines and
printers.
(7) Liability for any
infringement of this policy rests with the person making the copy or requesting
the copy.
(8) The copyright
compliance officer at the college is the director of library services. Records
of all requests for permissions, replies to such requests, and license
agreements shall be filed and maintained in the office of the copyright
compliance officer.
(C)
Works for hire - Use and ownership of employees' personal work products - "Work
for hire" is a legal term defined as "a work prepared by an employee within the
scope of his or her employment." This definition includes works prepared by
employees in satisfaction of sponsored agreements between the college and
outside agencies. Certain commissioned works also are works for hire if the
parties so agree in writing. The employer by law is the "author," and hence the
owner, of works for hire for copyright purposes. Ownership in a work for hire
may be relinquished to the employee or others only by an official of the
college authorized to do so.
(1) Employees may
not utilize college personnel, facilities or equipment for purposes not related
to the college mission.
(2) For
purposes relating to the college mission,
the
college shall have unlimited use of all employees' personal work products
created with the assistance of college personnel, facilities or
equipment.
(3) For purposes
relating to the college mission, materials, processes or work products created
with the assistance of college personnel, facilities or equipment or created
while under contract with the college for the purpose of the creation of such
materials, processes or work products shall be the exclusive property of the
college.
