Copyright at Messiah University

Copyright is is a property right given to authors that allows them to control, protect, and exploit their artistic works.

Copyright owners have the exclusive rights to:

• Reproduce all or part of the work
• Prepare new (derivative) versions based on the original work
• Distribute copies
• Perform the work publicly
• Display the work publicly
• Digital Audio Transmission

Copyright protection exists in original works of authorship fixed in any tangible medium of expression. The creativity level required for originality is very low but is required, no matter how much effort was required to create the work.

Works of authorship include the following categories:

1. literary works (books and articles);
2. musical works, including any accompanying words;
3. dramatic works, including any accompanying music;
4. pantomimes and choreographic works;
5. pictorial, graphic, and sculptural works (including cartoons);
6. films and other audiovisual works;
7. sound recordings; and
8. architectural works.

Copyright protection covers both published and unpublished works. The fact that a previously published work is out-of-print does not affect its copyright. Learn more by reviewing Copyright Basics (from U.S. Copyright Office).

Copyright compliance matters because:

It's Ethical: Respecting the rights of copyright holders is simply the right thing to do. If copies are made without permission, publishers and authors, including educators, are deprived of revenues in the very markets for which they have written or published. 

It's the Law: As stated in the Copyright Act, it is unlawful to infringe on the rights of copyright holders. Copyright holders can sue offenders for damages or to recoup lost profits as a result of infringement. As compliance and the protection of intellectual property continue to make headlines, copyright holders and law enforcement are monitoring and paying closer attention.

First, start with Murray Library.

• Contact your liaison librarian to determine if any of the readings you wish to require are available digitally in the library’s collection or whether they can be purchased.
• Linking library resources in your Canvas course allows students to access readings at no cost to them because library materials - ebooks, journal articles, streaming film, etc. - are licensed for use by all students, faculty, and staff at Messiah at no cost to them.
• You can provide students with links to library material with confidence that they have full, legal access.

Then work with the Campus Store.

• If resources aren’t available through the library, submit a custom adoption for your coursepack in Slingshot Pro, our Campus Store’s online adoption tool.
• A Campus Store agent will contact you with further instructions. 
• Coursepack adoptions must be submitted at the time of traditional course material adoptions.
• If you have any questions about the process, send them to campusstore@messiah.edu.

Generally speaking, you cannot upload copyrighted materials into your Canvas course, because there’s no good mechanism for Messiah University to pay for that use (i.e., most programs and departments don’t have funding to pay permission fees for copyrighted materials).

However, if the University already owns the right to that material (e.g., an unlimited-use ebook or a journal), you can post a link to that book or journal article.

You cannot photocopy chapters from print books and post them as pdfs into your Canvas course, unless what you’re posting qualifies under fair use, its use is allowed under a Creative Commons license, or is otherwise exempt from copyright clearance because it is in the public domain.

The Fair Use Evaluation Tool can help you determine what materials qualify under fair use. Use it to provide a record that you considered relevant issues if a question about your use ever arises.

If you wish to give your students access to copyrighted materials, but the University doesn't already own the right to them, they don’t qualify under fair use, and/or they’re not exempt from copyright clearance, you should assemble a coursepack that students purchase through the Campus Store or place the items on course reserve at the library.

Educators may place copyrighted materials on library course reserve for a 2-hour or 24-hour checkout period. The library’s course reserves website provides additional information.

Within a physical classroom, you may show a legally acquired DVD or VHS without additional rights as long as the film is directly related to course content. There are additional guidelines for streaming content and using films in online courses. 

Murray Library offers information about using streaming video resources from the library in your courses and copyright issues surrounding library streaming videos and Netflix in the classroom.

Yes. Non-print materials such as artwork, music, theatre productions and more may have format-specific copyright guidelines.

Messiah University maintains ASCAP, BMI, and SESAC license agreements. In general, these licenses permit non-dramatic public performances of copyrighted music the University presents on campus, including concerts, coffeehouses, cafeterias, dances and mixers, educator or social club parties, athletic events, exercise classes, campus store usage, and music-on-hold telephone systems.

Contact your liaison librarian, who can help you think through possible resources. If you have more specific questions about copyright clearance, please contact Janet Vogel, Director of Murray Library or Dwayne Magee, Director of Messiah Press. If you have questions about the Campus Store and coursepacks, contact campusstore@messiah.edu.

Overview

Messiah University expects all members of the campus community to respect and comply with copyright law
(Title 17 of the United States Code). The principles of copyright law govern the making of photocopies or other reproductions or adaptations of copyrighted material. The making of an electronic copy of a copyrighted work
by any means (i.e., scanning, digitizing, etc.) constitutes reproduction that is governed by copyright law.

The copyright principles that apply to materials posted electronically through CANVAS are the same as those
that apply to printed course materials. The reproduction or copying of a work subject to copyright protection
normally requires the permission of the copyright owner. If permission is required for the use of printed course materials, it is required for electronic use.

The digital age has made it possible for course content to be available in a wide variety of ways, and instructors
often can choose among several different formats to make materials available to students. If it is possible to
link to material that is publicly available on the web or available to the Messiah campus community through
a Murray Library database, further permission is not needed.

Similarly, a work can be used without obtaining permission when the work is in the public domain under
the copyright law, i.e., expiration of copyright term or works prepared by an officer or employee of the United States government as part of that person’s official duties. A work also may be freely used if it is offered under a Creative Commons license.

For other works, use still may be possible without permission of the copyright owner if the contemplated use of the material constitutes a “fair use” under copyright law. To determine whether “fair use” might apply, the following four factors must be considered and weighed:

• The purpose and character of the use;
• The nature of the copyrighted work;
• The 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.

No one factor—including nonprofit educational use—is determinative of whether a given use is “fair use.” “Fair use” requires a fact-specific analysis that should be considered carefully whenever deciding whether or not permission is required.

Guidelines

The following guidelines apply to the posting of course materials via CANVAS:

• All electronic CANVAS course materials will only be for the non-commercial, educational use by Messiah University students enrolled in the particular course for which the materials are posted.
• Passwords will be used to limit access to copyrighted content in CANVAS to students enrolled in the course or other individuals requiring access to the course materials for purposes of conducting the course. The availability of such content to students should terminate when the students have completed the course.
• No one should post course content consisting of copyrighted works or portions of such works in electronic form without first either:
  1. obtaining the permission of the copyright owner or
  2. concluding, after reasonable inquiry, that the use qualifies as a fair use or other exempt or licensed use for which permission is not required.

• Before posting course content consisting of copyrighted works or portions of such works in electronic form, the instructor should consult with the department’s librarian liaison to determine whether the University has a current license for access to digital versions of the copyrighted material. If it does, the citation and link to the electronic version of the material will be added to the course page to provide direct access to the requested material.
• It is preferable to link to copyrighted materials already legally available at another site rather than scanning or making a digital copy.
• Course materials owned by the instructor, such as syllabi, lecture notes, or exams, may be copied and distributed electronically to students enrolled in the course through CANVAS.
• The electronic distribution of consumable copyrighted works, such as textbooks, workbooks, handouts, and exercises, requires permission from the copyright owner.
• Copies of copyrighted works, regardless of their format, should always include proper attribution and copyright notices.
• Generally, electronic course content may be included in CANVAS without obtaining permission as long as it is the first time the material is utilized by the instructor for the course, and the request does not exceed these guidelines:
  1. One chapter (or equivalent) from a book
  2. One journal or newspaper article (or equivalent)
  3. An excerpt from a prose work that does not exceed more than 10% of the work
  4. One chart, graph, diagram, drawing, cartoon or picture per book or per journal issue

Additional or continued use also may constitute fair use, but each situation must be evaluated on a case-by-case basis to determine whether fair use applies to the contemplated use.

Introduction
The Higher Education Opportunity Act of 2008 (HEOA), includes provisions that are designed to reduce the illegal uploading and downloading of copyrighted works through peer-to-peer (P2P) file sharing. This statute and the federal regulations which interpret it require that a university will:

     A. Develop and implement written plans to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network, without unduly interfering with the educational and research use of the network. The plans must include:

a. One or more technology-based deterrents;

b. Mechanisms (including distribution of the annual disclosure described in Requirement C below) for educating and informing its community about appropriate versus inappropriate use of copyrighted material;

c. Procedures for handling unauthorized distribution of copyrighted material, including disciplinary procedures; and

d. Procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials by users of the institution’s network using relevant assessment criteria.

B. “To the extent practicable,” offer legal alternatives for downloading or otherwise acquiring copyrighted material. Periodically review the legal alternatives for downloading or otherwise acquiring copyrighted material, and make the results of the review available to its students through its Website.

C. Make annual disclosure informing students of institutional policies and sanctions related to copyright infringement, including—

a. A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;

b. A summary of the penalties for violation of Federal copyright laws; and

c. A description of the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system.

This document outlines Messiah University’s plan to comply with these requirements.

Technology-Based Means to “Effectively Combat” the Unauthorized Distribution of Copyrighted Material

Messiah University employs the following technology-based deterrents to unauthorized distribution of copyrighted material:

• We have the ability to shrink or block traffic to/from certain destinations when warranted
• We follow a rigorous program of accepting and responding to Digital Millennium Copyright Act (DMCA) notices. The University’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are found on the University Website at Alleged Web Copyright Infringement by Messiah University Students or Employees.

Educating and Informing the Messiah University Community

Consistent with our educational principles, we view education as the most important element in combating illegal sharing of copyrighted materials at Messiah University. We use a wide variety of methods to inform our community about the law and Messiah’s response to copyright infringement claims:

• In order to access the campus network or the Internet each year, all Messiah University students must review and agree to abide by the University’s acceptable usage policies at its Computer Registration page. This page includes disclosure of University policies relative to computer access, copyright infringement, and wireless communication, as well as material regarding illegal downloading, virus protection, and unauthorized access. It also contains links to additional information relevant to these topics.
• Messiah’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on the University Website at Alleged Web Copyright Infringement by Messiah University Students or Employees.
• Messiah will annually disclose to all students its institutional policies and sanctions related to copyright infringement, including all information described in Requirement C above. The required summary of the civil and criminal penalties for violation of Federal copyright laws will be as follows:

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 and 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

• Copyright policy statements are included in all graduate school syllabi and in all undergraduate syllabi in QUEST (General Education) courses.
• Messiah’s Website Content and Copyright Information page, as well as an Infringement notice, and Infringement policy, are accessible in the Student Consumer Information link at the bottom of every page of the University Web site.

Procedures for Handling Unauthorized Distribution of Copyrighted Material
Any Messiah University student or employee who is found to be responsible for illegal downloading or unauthorized distribution of copyrighted materials using the University’s information technology system in violation of Alleged Copyright Infringement by Messiah University Students or Employees will be subject to applicable disciplinary procedures as published in the Student Handbook or the Policy and Procedure Manual for employees. He or she may also be subject to appropriate legal sanctions.

Offering Alternatives to Illegal File Sharing
The Messiah University’s Copyright website provides a page containing legal alternatives for downloading music, videos, and other digital content, including the link to the EDUCAUSE-maintained web page containing a list of such materials. Members of the Messiah community are encouraged to take advantage of these legitimate sources of digital content.