Copyright FAQ's
Q: Why do I need to worry about copyright?
A: First of all, faculty, students and staff at SCC need to be concerned
about copyright because it is the law. It is international law and there
are penalties for violating this law. Secondly, by agree to work or
attend SCC you have agreed to abide by this law. Third, the law is vague
and ever changing so it is important for the SCC community to be aware
of recent changes in the law (such as the DMCA) and how it affects them.
Fourth, with the proliferation of Internet access and the ability to
create web pages, it is easier to be found in violation of the law.
Finally, copyright law also protects works created by SCC faculty staff
and students.
Q: Isn't anything I use in my class exempt from copyright law?
A: While research and educational activities are considered "fair
use" under the copyright law, this is not a blanket protection. Each
use must be evaluated separated to see if it meets the four factor criteria
outlined in the Fair Use clause of the copyright law.
Q: Do I have to get permission from the copyright holder every time
I want to use something in my class?
A: No. Since you are teaching at a non-profit educational institution,
most of the things you use in your class fall under fair use. You just
need to make sure that it is germane to the subject matter, is limited
to the educational community, and comes from a legally obtained copy.
Q: Can I copy anything I use in my class and put it on my web site?
A: No. This is especially true if your web site is not secure. Posting
items on the World Wide Web makes them accessible to the entire world.
This greatly impacts the value of copyright protected materials. Many
of the images used in your textbook for example have permission to be
used in print but not in electronic form. However, if students must
use a password to get in and the site is only accessible by you and
your students, most of the things you use in class can be put on your
web site but it must be secure.
Q: Aren't there some simple guidelines I can follow to ensure that
I'm in compliance with copyright law?
A: Unfortunately the answer is, "no". A special ad hoc committee
has formed guidelines and those guidelines have been read into the congressional
record on copyright but they are not part of the copyright law. Also,
the guidelines address minimums that can be used and are suggestions.
Many lawyers, judges and scholars disagree with the limits the guidelines
place on fair use while many colleges have adopted the guidelines and
instituted them as maximums that their faculty can use. The courts have
yet to rule on the guidelines so the question is very much in the air.
The best thing to do is to apply the four-factor test that is part of
the law and when in doubt ask for permission or consult a lawyer.
For additional FAQ's about copyright you can visit the Internet
FAQ Archives.