XII. Copyright and Fair Use Policy

XII.A. Copyright Policy, Information and Forms

XII.A.1. Binghamton University Copyright Policy
XII.A.2. Binghamton University Copyright Agreement Form
XII.A.3. Binghamton University Royalty Distribution Plan
XII.A.4. Copyright Basics
XII.A.5. Copyright Registration Forms
XII.A.6. Copyright Sites
XII.A.7. US Copyright Office

XII.B. Fair Use Policy and Information

XII.B.1. Fair Use Policy (from Copyright Law)
XII.B.2. Fair Use Analysis
XII.B.3. Binghamton University Libraries Course Reserves Guidelines
XII.B.4. Fair Use and E-Reserves (from Association of Research Libraries)
XII.B.5. Fair Use Guidelines for Educational Multimedia

XII.C. Computer and Multimedia Copyright Policy and Information

XII.C.1. Binghamton University Computer and Network Usage Policy (Acceptable Use)
XII.C.2. TEACH Act of 2002
XII.C.3. Guidelines for Off-Air Recording of Broadcast Programming
XII.C.4. The Digital Millennium Copyright Act of 1998

XII.A. Copyright Policy, Information and Forms

XII.A.1. Binghamton University Copyright Policy

The Copyright policy of the State University of New York states:

"Generally the members of the staff of the University shall retain all rights to copyright and publish written works produced by them. However, in cases where persons are employed or directed within the scope of their employment to produce specific work subject to copyright the University shall have the right to publish such work without copyright or to copyright it in its own name. The copyright will also be subject to any contractual arrangements by the University for work in the course of which the writing was done. Staff members will be expected not to allow the privilege to write and retain the right to their work to interfere with their University duties. In those cases where an author desires the help of University facilities, arrangements should be made through the administrative staff of his [her] institution in advance with respect to the assistance which may be appropriately given and the equity of the University in the finished work."

Updated August 2004

The following sections describe guidelines Binghamton University will use to implement the SUNY policy. A guide for distribution of royalties is also provided for those cases where material is copyrighted in the name of SUNY or Research Foundation.

1. Copyrightable work produced by faculty and staff without the use of University services or facilities and free from any agreements administered through the University.

This first instance includes the writing of scholarly books, publications, music, plays, computer software, and all other works held to be copyrightable under the Federal Copyright Act. "The use of University services or facilities" means that the University has provided support specifically to produce the copyrightable work or the services of employees other than the author.

Copyright title in such cases belongs to the person creating the material. The individual may personally receive royalties generated from the licensing or sale of this material. The faculty member's only obligation to the University is to report licensing or sale of such work in the annual faculty report.

All such works shall be marked:
Copyright (year work completed)(Legal Name) or © (year work completed)(Legal Name)

2. Copyrightable work produced as part of an individual's assigned responsibility as SUNY employee or with University support.

Where a faculty or staff member is specifically directed to create specified copyrightable work, the materials are deemed a "work for hire" and the copyright title will be in the name of the State University of New York.

Also included in this category is work produced using University facilities or services to complete or to market the work. Distribution of royalties will be made according to the same schedule utilized for patent derived royalties, unless negotiated in a separate agreement before the completion of the work. The vice president for research may approve release of copyright to the author for research and outreach purposes. All such works shall be marked:

3. Copyrightable instructional materials produced by an individual using University facilities or equipment.

Copyrightable instructional materials (e.g., syllabi, lecture notes, presentation graphics, learning activities, and assessment materials) produced by an individual at their own discretion in support of teaching activities, and not directed as a work for hire as outlined in 2 above, are normally considered the intellectual property of the individual. The faculty member is expected to acknowledge any University contributors to the work.

Educational use of the material(s) by Binghamton University class participants will be considered fair use of materials. The individual(s) may personally receive royalties generated from the licensing or sale of this material to parties outside of Binghamton University. The faculty member's only other obligation to the University is to report licensing or sale of such work in the annual faculty report.

All such works shall be marked the same as in 1 above.

Questions or concerns regarding sections XII.A.1-3 should be addressed to the Provost's Office at x72141.

4. Copyrightable work produced as a requirement of a grant or contract administered by the Research Foundation of State University of New York.

Copyright title in such work is in the name of The Research Foundation of State University of New York. Royalties earned through the licensing or sale of these materials will be distributed based on applicable sponsor policy, as well as University and Research Foundation policies. When the University receives royalties, distribution will be made according to the attached schedule.

A contract or grant agreement may specify conditions for ownership of copyrightable works including royalty distribution. Agreement clauses may include stipulations that royalties be shared with the sponsor for a specified term and up to a specified amount.

All such works shall be marked:

5. Copyrightable works produced using grant or contract funds, Research Foundation support or Research Foundation or SUNY Facilities.

Copyright title is in the name of the Research Foundation of the State University of New York. Royalties earned from licensing or sale of the work are distributed following the attached schedule. If the Research Foundation decides not to market the work, the author may request copyright title and market it in his or her own name. All such requests must be made to the vice president for research.

All such works shall be marked:

6. Copyrightable works derivative of grant or contract activity but where production of such work is not supported by the grant and not produced using Research Foundation or SUNY facilities or support.

All such works shall be marked the same as in 1 above.

XII.A.2. Binghamton University Copyright Agreement Form

XII.A.3. Binghamton University Royalty Distribution Plan

The State University of New York patent policy[1] provides for sharing between the inventor and the University of gross royalty income from licensing of inventions. The patent policy requires 40 percent of the gross royalty must be provided to the inventor as personal income. The remaining net royalties are returned to the campus President for distribution. This statement provides for distribution of this local campus allocation.

It is in the interest of Binghamton University to provide a share of royalty funds with those most closely associated with their generation as an incentive to disclosing potentially patentable inventions. Royalty funds provided to University units are to be used in accordance with University policies and procedures to enhance research development and inventive activities.

The allocation of the first $100,000 per year of royalties will be as follows:

40% to the inventor pursuant to SUNY patent policy.
25% to support the inventor's department. For the School of Education, the College of Community and Public Affairs, Nursing and SOM the department allotment goes to the dean. For non-academic units the allotment will go to the appropriate vice president. If a faculty member is associated with an organized research center, half of this allotment shall go that center.
20% to the vice president for research to support research and scholarly activities.
15% to The Division of Research to cover technology transfer activities and general overhead (includes RF central expenses).

The allocation of the excess over $100,000 per year of royalties will be as follows:

40% to the inventor pursuant to SUNY patent policy.
25% to the president to enhance the research mission of the University.
25% to the vice president for research to enhance the research mission of the University.
10% to The Division of Research to cover technology transfer activities and general overhead (includes RF central expenses)

If more than one inventor or more than one department are recipients, the amounts will apply to the combined shares of all recipients. Distribution among them will be determined by prior agreement as delineated in the invention disclosure or as equal shares.

An annual report of expenditures accompanying a narrative summary of accomplishments will be submitted by the chair, director and/or dean to the vice president for research as a condition for continued allocation. The annual report is due June 1 on the attached form. An annual report of expenditures and summary of accomplishments will be submitted to the president of the University.

1 Title 8, Section 335.28 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Article XI, Title J, Section 1 of the Policies of the Board of Trustees)

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the website of the U.S. Copyright Office at www.copyright.gov, especially their FAQs at www.copyright.gov/help/faq.

XII.B. Fair Use Policy and Information

XII.B.1. Fair Use Policy (from Copyright Law)

Copyright protects the particular way an author has expressed himself but does not extend to the ideas, systems, or factual information conveyed in the work.

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize reproduction of a work. This right is subject to specific limitations found in sections 107 through 118 of the copyright law of the United States (title 17, U.S. Code). One important limitation is the doctrine of “fair use.” Fair use doctrine has developed through a substantial number of court decisions over the years and is codified in section 107 of the copyright law.

Section 107 lists various purposes where reproduction of a particular work may fall outside copyright limitations. Section 107 lists four factors to help determine if a particular use is fair:

the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific amount of material (number of words, lines, or notes) that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Examples of activities that courts have determined as fair use are: "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported." (1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law)

When in doubt, the safest option is always to identify the copyright owner and obtain their permission to use the work. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of "fair use" would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered "fair" nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

XII.B.2. Fair Use and Copyright Tools

Fair Use Analysis (Table content with permission of Purdue University Copyright Office)

Fair Use Evaluator (Office for Information Technology Policy, American Library Association)

Public Domain Slider (Office for Information Technology Policy, American Library Association)

XII.B.3. Binghamton University Libraries Course Reserves Guidelines

The Reserve staff in the Libraries process reserve listings submitted by Binghamton University faculty and other Binghamton University instructors. Materials are processed based upon the fair use provisions of the United States Copyright Act of 1976. When Library materials are purchased it is with the understanding that there will be multiple users. Subscription and licensed materials often include a premium to support these users. The principle of "fair use" is established in 17 USC Section 107. According to this principle, the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement.

The Binghamton University Library Reserves facilitate provision of copies for classroom use by students. These guidelines have been established to assure conformity with the fair use provisions of the copyright law and the efficient processing of lists.

The purpose of Course Reserves is to ensure the accessibility of course-related materials to students. Most course materials placed on reserve are available to students in electronic format on Blackboard. Physical reserves are located in the Newcomb Reading Room and the UDC and patrons may check out Reserve materials for a limited period of time as determined by the course instructor. Typical loan periods are 2-hour, 3-hour, 1-day, or 2-day loans.

Materials will be placed on Reserve at the request of the faculty member or instructor teaching a course.
Materials will be for non-commercial, educational usage of students.
Students will not be charged for access to materials.
The library will make attempts to acquire materials requested for course reserves. Electronic books are the preferred format when purchasing Reserves material.
Ordering decisions are made through collaboration between Reserves staff and the selector for your discipline. There is no separate fund for Reserves and subject-area collection budgets are limited. Requests for textbooks and other required course purchases tend to strain existing collection budgets. The Libraries may not be able to purchase all requests for these items.
The following materials may be placed on Reserve:
- Books (Library and personal): Instructors are encouraged to supply the library with current personal copies of textbooks and other required course purchases.
- Exams
- Lecture notes of the instructor of record for a course
- U.S. Government publications
- Material considered to be in the public domain
- One article from a journal issue
- One chapter from a book
- One short story, essay or short poem
- One chart, graph, diagram, drawing , cartoon or picture from a book or periodical
- Audiotapes
- Videocassettes and DVDs: Films purchased for Reserves may require institutional licensing and purchasing may be based on available subject-area library funds.
Copyrighted works will be lawfully acquired (i.e. by purchase, license, fair use, etc.). Copying will not be used to create, replace or substitute for anthologies, compilations or collective works. [Instructors should contact the Copy Center about course packs].
Materials submitted must include full citation information. Citations are needed to verify copyright compliance. Incomplete citations will result in delays in processing requests.
If copying permission is not indicated in the document, copyrighted material will be placed on Reserve for one semester (fair use).
If copying permission is not indicated in the document, copyright permission will be sought from the copyright holder in the following situations:

An instructor will be using the same materials for more than one semester.
Multiple articles, chapters, charts, graphs, diagrams, drawings, cartoons or pictures are needed from a book or periodical
Author's permission is required for unpublished papers and projects. Forms are available from reserve staff.

The BU Libraries will seek copyright permission when necessary and pay reasonable fees. The library reserves the right to limit the placement of items on reserve due to difficulties obtaining copyright permission and royalty costs. If it is necessary to seek copyright permission, materials will be placed on reserve for 3 weeks while awaiting this permission. If permission is denied, the instructor will be notified and material will be removed from reserve immediately.
When copies will be placed on electronic reserve they will not be duplicated in print format. Electronic links will be established for which BU has licenses and the appropriate permission.
When personal materials are placed on reserve they are subject to wear and tear; they may also be lost. The Library assumes no responsibility for loss or damage of these materials.
Access to materials on reserve will be limited to BU students, faculty and staff.
Books, audio files, video files and items that cannot be placed on electronic reserve will be maintained in traditional reserve collections in the Bartle and UDC Libraries.
All materials will be removed from reserve at the end of each semester. Personal materials will be returned to instructors and library materials will be returned to library collections. Instructors must notify reserve staff by the last day of classes if they wish to keep materials on reserve the following semester.
Reserve requests must be submitted at least 3 weeks before the beginning of each semester. Materials submitted later will not be available for the first day of classes. During the first 2 weeks of the semester, reserve staff receive numerous listings. Processing may take up to 2 weeks at this time. At other times during the semester materials are generally processed in 1-5 days. It takes a minimum of 6 weeks to acquire new titles in print. It also takes a minimum of 2 weeks to recall books that are checked out to borrowers.

XII.B.4. Fair Use and E-Reserves (from Association of Research Libraries)

Association of Research Libraries

XII.B.5. Fair Use Guidelines for Educational Multimedia

Consortium of College and University Media Centers

XII.C. Computer and Multimedia Copyright Policy and Information

XII.C.1. Binghamton University Computer and Network Usage Policy (Acceptable Use)

I. Introduction

Access to information technology is essential to the state university mission of providing the students, faculty and staff of the State University of New York with educational and research services of the highest quality. The pursuit and achievement of the SUNY mission of education, research, and public service require that the privilege of the use of computing systems and software, internal and external data networks, as well as access to the World Wide Web, be made available to all those of the Binghamton University community. The preservation of that privilege by the full community requires that each faculty member, staff member, student, and other authorized user comply with institutional and external standards for appropriate use.

To assist and ensure such compliance, Binghamton University establishes the following policy and the Binghamton University World Wide Web Policy which supplements all applicable SUNY policies, including sexual harassment, patent and copyright, and student and employee disciplinary policies, as well as applicable federal and state laws.

II. General Principles

Authorized use of Binghamton University-owned or operated computing and network resources shall be consistent with the education, research and public service mission of the State University of New York and consistent with this policy.
Authorized users of Binghamton’s computing and network resources are defined as those individuals provided a username and password, for their own use only, through legitimate Binghamton University processes for assignment of such identification from Computing Services. An authorized use of Binghamton’s computing and network resources is initiated by entering that individual’s username and password. Using another individual’s username and password is an unauthorized use. The only exception to this authorized use definition is access on designated computers provided in the University Library where use of a username and password will not be required.
This policy applies to all Binghamton University’s computing and network resources, and external computing and networking resources accessed via Binghamton’s computing and networking resources.
The University reserves the right to limit access to its networks when applicable campus or university policies or codes, contractual obligations, or state or federal laws are violated.
The University reserves the right to remove or limit access to material posted on university-owned computers when applicable campus or university policies or codes, contractual obligations, or state or federal laws are violated.
Non-University-owned computers which house material which violates the University’s policies are subject to network disconnection without notice.
Although the University does not generally monitor or restrict the content of material transported across networks, it reserves the right to access and review all aspects of its computing systems and networks, including individual login sessions and account files, to investigate performance or system problems, search for viruses and other harmful programs, or upon reasonable cause to determine if a user is violating this policy or state or federal laws.
This policy may be supplemented with additional guidelines by campus units that operate their own computers or networks, provided such guidelines are consistent with this policy.

III. Acceptable Use

Privacy: No user should access, view, copy, alter or destroy another’s personal electronic files without permission (unless authorized or required to do so by law or regulation). If another user has failed to close out their session a new user must close that session and enter their own username and password to use that computer.

Copyright: Written permission from the copyright holder is required to duplicate any copyrighted material, except where consistent with Fair Use. This includes but is not limited to duplication of music, audiotapes, videotapes, photographs, illustrations, computer software, data and all other information for educational use or any other purpose. Most software and databases that reside on the University’s computing network are owned by the University or third parties, and are protected by copyright and other laws, together with licenses and other contractual agreements. Users are required to respect and abide by the terms and conditions of software use and redistribution licenses. Such restrictions may include prohibitions against copying programs or data for use on the University’s network or for distribution outside the University, against the resale of data or programs, or against the use of software for non-educational purposes, or for financial gain, and against public disclosure of information about programs (e.g., source code) without the owner’s authorization.

Harassment, Libel and Slander: No user may use the University’s computers or networks to libel, slander or harass any other person.

Sharing of access: Computer accounts, passwords, and other types of authorization are assigned to individual users and not shared with others. The assigned user is responsible for any use of the account. Sharing of a computer account constitutes an inappropriate use and may lead to termination of that account

Permitting unauthorized access: Users may not run or otherwise configure software or hardware to intentionally allow access by unauthorized users. Failure to configure hardware or software in a way that reasonably prevents access by unauthorized users is a violation of acceptable use.

Termination of access: When a user ceases to be a member of the campus community or is assigned a new position and/or responsibilities within the State University system, the user’s access authorization must be reviewed. Users must not use facilities, accounts, access codes, privileges or information for which they are not authorized in their new circumstances.

Residence Hall Access: Residence hall access to the campus network is granted to individuals. Each individual is responsible for assuring that his/her personal residence hall room access point is not misused.

Circumventing Security: Users are prohibited from attempting to circumvent or subvert any system’s security measures. Users are prohibited from using any computer program or device to intercept or decode passwords or similar access control information.

Breaching Security: Activities which degrade the performance of a computer system or network, use a system or network for which the user is not authorized, or deprive authorized users of resources or access to computers or networks is prohibited.

Game Playing: Limited recreational game playing by students, which is not part of authorized and assigned research or instructional activity, is acceptable, but computing and network services are not to be used for extensive or competitive recreational game playing disruptive to others. Recreational game players occupying a seat in a public computing facility must give up the use of the device when others who need to use the facility for academic or research purposes are waiting.

Chain Letters: The propagation of chain letters is an unacceptable practice and is prohibited.

Unauthorized Monitoring: A user may not monitor the electronic communications of others.

Flooding: Generating excessive network traffic, including spamming and denial-of-service, is prohibited.

Private Commercial Purposes: The computing resources of Binghamton University shall not be used for private commercial purposes or for financial gain.

Political Advertising or Campaigning: The use of Binghamton University’s computers and networks shall be in accordance with University policy on use of University facilities for political purposes (SUNY Administrative Procedures Manual Policy 008).

Modifying software or software installation: A user may not modify the software configuration on any computer provided for general access.

IV. Limitations on Users’ Expectations (User Cautions!)

The issuance of a password or other means of access is intended to assure appropriate confidentiality of the University’s files and resources and does not guarantee privacy for use of university equipment or facilities.
The University provides reasonable security against intrusion and damage to files stored on the central facilities, and provides for some archiving of files based upon the operational needs of the University. However, the University is not responsible for the loss of users’ files or data. Users should take their own steps to backup and protect important information.
Users should be aware that the University’s computer systems and networks might be vulnerable to unauthorized access or tampering. In addition, computer files, including e-mail, may be considered "records" which may be accessible to the public under the provisions of the New York State Freedom of Information Law.
Email messages are not personal and private. While administrators will not routinely monitor individual email and will take reasonable precautions to protect the privacy of email, program managers and technical staff may access a student or employee’s email:
- For a legitimate business purpose (e.g. the need to access information when an employee is absent),
- To diagnose and resolve technical problems involving the system, and/or
- To investigate possible misuse of Email when a reasonable suspicion of abuse exists or in conjunction with an approved investigation.
Email messages sent/received in conjunction with University business may:
- Be considered state records under applicable state regulations;
- Be releasable to the public under the Freedom of Information Law;
- Require special measures to comply with the Personal Privacy Protection Law.
All email messages including personal communications may be subject to discovery proceedings in legal actions.

V. Sanctions

Violators of this policy may be subject to immediate suspension of services by Computing Services and to the existing student or employee disciplinary procedures of Binghamton University. Sanctions may include the loss of network access and computing privileges. Illegal acts involving Binghamton University’s computing resources may also subject users to subpoena and prosecution by commercial enterprises, local, state and/or federal authorities.

XII.C.2. TEACH Act of 2002

The TEACH act (17 USC 110(2)) is an exception to copyright law which allows online course instructors a wider set of rights to perform, display and make copies of works for online courses. It is designed to make these rights closer to those existing for face-to-face teaching exceptions, covered in Section 110(1) in the copyright law.

The TEACH Act and some Frequently Asked Questions: http://www.ala.org/ala/issuesadvocacy/copyright/teachact/faq.cfm (American Library Association)
The TEACH Act: New Roles, Rules and Responsibilities for Academic Institutions: http://www.copyright.com/media/pdfs/CR-Teach-Act.pdf (Copyright Clearance Center)
Copyright Metro: Interactive Guide to Using Copyrighted Media in your courses: http://www.baruch.cuny.edu/tutorials/copyright/ (Baruch College, CUNY)

XII.C.3. Guidelines for Off-Air Recording of Broadcast Programming

http://www.lib.uconn.edu/copyright/guidelinesForOff-AirRecording.html (University of Connecticut Libraries)

http://www.copyright.gov/legislation/dmca.pdf (U.S. Copyright Office)

http://w2.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html (Electronic Frontier Foundation)