suggest no more than one chart , graph , diagram , drawing , cartoon , or picture per book or periodical issue ;
• Spontaneity . The “ inspiration and decision to use the work ” must occur so soon prior to classroom use that it would not be feasible to write for and receive permission from the publisher to duplicate the material . It is also imperative that the copying occur at the request of the teacher , not at the directive of an administrator or other “ higher authority ;”
• Cumulative Effort . Generally , only one copy may be made of a short poem , article , story , or essay . No more than three of these items may be from the same collective work or periodical volume during one class term . The most limiting restriction further specifies no more than a total of nine instances of such multiple copying for one course during one class term . Finally , all multiple copying of a particular work is limited to one course ; in other words , copying a work to be used in several courses is not likely to be considered a fair use of the material .
Prohibited Uses :
• Educators are not to create , through photocopying , their own anthologies , compilations , or collective works whether brought together in one collection or reproduced and used separately .
• Copying must not substitute for the purchase of books , periodicals , or reprints ; this prohibition especially applies to the duplication of “ consumable ” materials such as workbooks , test booklets and standardized tests .
• Students must not be charged more than the actual cost of copying the material .
• A teacher must not duplicate the same item from one term to another .
File Sharing and Peer-to-Peer Software Programs Williamson prohibits the installation and use of peer-to-peer file-sharing programs that violate copyright material on computers using the college network . Users will be considered in violation of this policy if their internet traffic is identifiable as using a prohibited peer-to-peer file sharing program or protocols . The college reserves the right to suspend or terminate network access to any user if the violation is deemed severe . Repeat or severe violations are also subject to appropriate corrective action and may be reported to appropriate authorities for criminal or civil prosecution .
Software The fair use doctrine generally does not apply to computer software . Rather , the terms of the software license accompanying the software will dictate the usage terms . Thus , unless the software has been placed in the public domain deliberately by its creator , all software should be assumed to be protected by copyright law . Possessing software for which an individual does not own a license is a violation of the Copyright Act , and may be subject to disciplinary action , to include dismissal for students or termination for employees . In addition to application software and operating systems , federal copyright protection also extends to the data files created for use with or by these systems . Unauthorized creation , copying and distribution of these materials are violations of the federal copyright statute , unless they can be construed as fair use .
TEACH Act The Technology , Education and Copyright Harmonization Act ( TEACH Act ) ( Section 110 ( 2 ) of the U . S . copyright law ) is a copyright exemption that addresses teaching conducted through digital transmission . Under the TEACH Act , faculty may use the following copyrighted materials when teaching a class through a digital transmission :
• Performances of nondramatic literary works ;
• Performances of nondramatic musical works ;
• Performances of any other work , including dramatic works and audiovisual works , but only in “ reasonable and limited portions ;” and
• Displays of any work “ in an amount comparable to that which is typically displayed in the course of a live classroom session .”
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