The University of Oklahoma is committed to promoting an atmosphere conducive to education, research, creativity, and the free exchange of ideas, while fully complying with all applicable state and federal laws. Unauthorized reproduction or dissemination of copyrighted materials is a serious violation of both University Copyright Policy (see appendix D) and federal law. This webpage provides a straightforward overview of copyright law to assist the OU community in understanding its rights and obligations in relation to copyright matters. What is a Copyright? Whenever an original work of authorship – a song, a book, a speech, an essay, etc. – is “fixed in any tangible medium of expression” (e.g., recorded or written down), a copyright results that protects the copyright holder from unauthorized use of the work by third parties. The work need not be published in order to be protected, nor does it need to be officially registered with the Copyright Office (although registration has certain advantages in the event of litigation). Is Everything Copyrightable? Copyrights protect only the expressions of ideas or concepts, not the ideas or concepts themselves. In addition, facts, words and short phrases are not copyrightable. For instance, a paper outlining a legal principle is copyrightable, but the legal principle itself is not. Another party would need permission to reprint the paper, but not to write a separate paper outlining the principle in his or her own words (with appropriate attribution to the original author, of course). When Must I Obtain Permission to Use Copyrighted Work? Generally speaking, third parties must obtain permission from the copyright holder prior to (1) using or reproducing the protected work, (2) distributing copies of the work, (3) publicly performing or displaying the work, or (4) preparing derivative works based upon the work. Federal law, however, provides a number of exceptions related to the academic environment (discussed below). Copyright protection does not last indefinitely but depends on the date of the work’s creation. The general rule is that, for works created after 1977, the copyright term is for the author’s life plus 70 years. To determine the copyright term of a particular work, consult this chart. For guidance related to obtaining permission from a copyright owner, visit this page. The doctrine of Fair Use, codified at 17 U.S.C. §107, is the most common exception to the requirement that users obtain permission from the copyright holder prior to use of a protected work. The Fair Use Doctrine holds that it is not infringement to use a copyrighted work “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research….” The four key factors used to determine whether use of a work qualifies as “fair use” are:
A word of caution: The Fair Use Doctrine is by no means an unmitigated permit to make unauthorized use of copyrighted materials simply because such use is for “nonprofit educational purposes.” The line between Fair Use and copyright infringement is thin, circumstance-specific, and not often an easy call to make. For a more thorough analysis of Fair Use, please see this website. For a Fair Use Checklist, visit here. The TEACH Act, Digital Materials and Distance Learning In 2002, Congress passed the Technology, Education and Copyright Harmonization (TEACH) Act to update the law (particularly sections 110(2) and 112(f) of the Copyright Act) regarding digital uses of copyrighted materials. TEACH essentially allows for digital transmission of copyrighted works for educational purposes, without the copyright holder’s permission, provided that the University and the individual faculty members meet certain guidelines. TEACH is especially relevant with respect to online distance learning and course management systems. TEACH only applies to government bodies and accredited nonprofit educational institutions. It enhances the distance learning experience by affording instructors and students greater latitude in storing, copying, and digitizing materials. How to Take Advantage of TEACH Act Benefits In order to take advantage of its benefits, the Act requires, in part, that:
The TEACH Act does not extend to course packets, commercial document delivery, electronic reserves, textbooks or other digital content provided under license, or conversion of materials from analog to digital formats (except in limited circumstances). If the conditions of TEACH are not or cannot be met, the use of the material will have to qualify as a fair use. Otherwise, permission from the copyright holder is required. For a more thorough discussion of the TEACH Act, please visit this website. Also helpful is this handy TEACH Act Compliance Checklist. The Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) is an amendment to federal copyright law which, among other things, grants online service providers (OSPs) like the University of Oklahoma certain limitations on copyright infringement liability if the OPS meets certain requirements. This section of the OUHSC webpage is intended to satisfy these provisions. It is illegal to download, upload, reproduce, or distribute any copyrighted material, in any form and in any fashion, without permission from the copyright holder or his/her authorized agent. The University of Oklahoma expects all members of its community to comply fully with federal copyright laws. If such laws appear to have been violated by any user, the University reserves the right (1) to terminate that user’s access to some or all of the University’s computer systems and information resources and (2) to take additional disciplinary actions as deemed necessary or appropriate. Repeat offenders will be sanctioned and their privileges terminated. If you have a concern about the use of copyrighted material on the University’s network/domain, or if you believe OUHSC’s computer resources are being used in an infringing way, please contact OUHSC’s designated agent to receive notification of claimed infringement under Title II of the DMCA (linked below). Additional information is provided here. Additional Information
The content of this page is intended purely to provide general information to assist members of the University community in better understanding basic concepts of Copyright law. It does not constitute legal advice and does not give rise to attorney-client privileges. Visitors should consult independent counsel. OU does not endorse or control the content of any external website herein referenced or any site that references or links to this page.
DMCA: University of Oklahoma’s, including OU Health Sciences Center, Designated Agent Anyone aware of a copyright infringement must send their entire written complaint (email or hard copy) to the designated agent for the University of Oklahoma. The complaint must include: (1) a physical/electronic signature of the copyright holder or his/her authorized agent, The University may, in its sole discretion, disclose to third parties any or all information about the accused infringer. The designated agent will follow the requirements of federal law concerning notices to the complainant, notices to the accused, and retention of records regarding the complaint and resolution. For more information please visit this page.
The University of Oklahoma’s designated agent to receive notification of infringement claims under Title II of the DMCA is: Dennis Aebersold |
