Copyright Policy
COPYRIGHT USE POLICY
OF LYON COLLEGE
Policy Scope.
This Copyright Use Policy (“Policy”) applies to all Lyon College (“Lyon”) employees, including faculty and staff, and all Lyon students.
Policy Statement.
It is the policy of Lyon College to comply with United States copyright laws (“Copyright Laws”). This is not only a matter of compliance with law, but also of moral integrity.
What is a Copyright?
A copyright is a right that exists in original works, such as written works, musical compositions, motion pictures, works of art, graphic designs and photographs. A copyright exists in original works regardless of the medium or format in which such works exist, including, but not limited to, digital formats. The owner of a copyright in such a work has the exclusive right to use, reproduce and distribute the work, and to grant permission to others to do so. Without limitation, some examples of original works commonly protected by copyright include:
· Textbooks and other instructional materials.
· Periodicals, journals, reviews and other reference materials.
· Website content, including text, graphics, and audiovisual elements.
· Computer software programs, including any accompanying manuals and documentation.
· Photographs, drawings, diagrams, and other types of artwork.
· Audiovisual works.
· Songs and jingles.
Facts and ideas are generally not protected by copyright law, but their particular organization or arrangement may be protected. If done properly, facts and ideas derived from multiple sources may be integrated into your own original work of expression. However, when using any facts and ideas derived from other sources you should avoid copying or resembling another’s expression or arrangement of such facts and ideas
What is Copyright Infringement? Subject to certain exceptions in the Copyright Laws, it is a violation of Copyright Laws to copy, distribute, display, exhibit or perform a copyrighted work without the permission of the owner of the copyright for the work. This includes file sharing, downloading, uploading or otherwise using, copying or distributing copyrighted works via the Internet. Such a violation is known as copyright infringement. In addition to being a violation of the Copyright Laws, copyright infringement is essentially theft of the property of another, and is a breach of the moral tenets of Lyon and society as a whole.
What is the Fair Use Exception? On its website, The United States Copyright Office (“USCO”) describes fair use as follows:
Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.Section 107 of the Copyright Act[(17 U.S.C. §107)] provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:
1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes:Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
2. Nature of the copyrighted work:This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole:Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
4. Effect of the use upon the potential market for or value of the copyrighted work:Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.
What About Copyrighted Works in the Mabee-Simpson Library? Section 108 of the Copyright Act (17 U.S.C. §108) establishes very limited circumstances in which libraries or archives may reproduce and distribute copyrighted works in very limited quantities. Please see our trained librarians in the Mabee-Simpson Library for details on this exception.
Proper Use of Third-Party Copyright Protected Material.
Lyon employees and students may sometimes need to use third-party copyrighted works in their school assignments. Use of third-party copyrighted works generally requires permission or a license. We want to ensure we have in place the appropriate set of rights for all our employees’ and students’ reasonable work and academic needs.
Permission to use third-party copyrighted works should be obtained through the Office of General Counsel or under guidance of our trained librarians.
Lyon sometimes purchases licenses and subscriptions for publications that can be used by our employees and/or students. However, everyone must comply with all terms and conditions of any applicable agreements concerning the use of the third-party copyrighted works. Confirm through our Office of General Counsel or our trained librarians whether the proposed use complies with these agreements.
It is a violation of this Policy for any employee or student to copy, scan, digitize, distribute, broadcast, perform, excerpt, modify, translate, or otherwise use any third-party copyrighted works, whether for personal use, academic use, or other use, in violation of copyright laws. Merely because Lyon may have purchased a subscription to a publication does not mean you are authorized to copy or duplicate all or part of it.
Providing attribution (i.e., information regarding the source, author, or owner of a work) does not eliminate the need to obtain permission or license for use of the work. If there are any questions regarding the permissibility of using third-party copyrighted works, please contact our Office of General Counsel or trained librarians for additional guidance.
Do not assume that the proposed use of a third-party copyrighted work will qualify as fair use. Contact our Office of General Counsel before relying on fair use in place of seeking permission or a license.
Registration with the U.S. Copyright Office is not required for copyright protection. Use of a © symbol or copyright notice may be optional for copyright protection of a work. Do not assume that materials without a © symbol or a copyright notice are available for use without permission of the copyright owner. If you are unsure whether a work is protected by copyright, assume that the work is copyrighted and follow the procedures for obtaining a permission or license described above.
Do not assume that materials that are available on the Internet or social media may be copied, distributed, or otherwise used without permission of the copyright owner, regardless of the ability to access, copy, or download such materials. The absence of a paywall does not indicate the content is free to use.
The use of content posted on the Internet or social media is also subject to the website or app provider's applicable terms of use, which may be more stringent than the default rules under copyright law. Do not circumvent or otherwise impair or remove any electronic or digital copyright protection measures.
When in doubt, assume the content is protected by copyright and seek guidance from our Office of General Counsel.
Our facilities and equipment may not be used to make or distribute unauthorized copies of copyrighted materials whether for personal use, internal or external company use, or use by others.
What are the Legal Consequences for Copyright Infringement? Copyright infringement may result in both civil and criminal liability. Civil penalties for copyright infringement can be either (1) the actual damages suffered by the copyright owner, including any profits earned by the infringer as a result of the use of the copyrighted work, or (2) statutory damages of not less than $750 or more than $30,000 per work infringed. For willful infringement, the civil penalty can be as high as $150,000 per work infringed. Willful copyright infringement can also result in criminal fines and imprisonment.
Policy Violation. It is a violation of this Policy and, as applicable, the Honor Code, the Acceptable Use Policy for Employees and the Computer and Lab Policy for any employee or student of Lyon to commit copyright infringement through the use of any Lyon resources, including, but not limited to, the Mabee-Simpson Library, Lyon photocopiers/scanners/printers/facsimile machines, the Lyon print shop, and Lyon College's information technology systems, equipment, Internet access and other assets (including laptops and other technology devices assigned by Lyon to an employee or student) (“IT Assets”).
Disciplinary Action for Policy Violation. Consistent with the disciplinary action provisions of the Honor Code, the acceptable Use Policy for Employees and the Computer and Lab Policy, violations of this Policy by Lyon employees may result in disciplinary action, including termination, and violations of this Policy by Lyon students may result in disciplinary action, including expulsion from Lyon.
Responsibilities. It is the responsibility of all Lyon employees and students to be familiar with the basics of, and maintain compliance with, the Copyright Laws. It is also the responsibility of all Lyon employees and students to report to appropriate Lyon authorities any instances of copyright infringement by other Lyon employees or students of which they may become aware.
Resources. Lyon College’s Office of General Counsel and team of trained librarians are available for guidance on adherence to this Copyright Use Policy.