Ohio Administrative Code › Title 3342 - Kent State University › Chapter 3342-3 - Administrative Policies Regarding Academic Requirements › Section 3342-3-10 - University policy regarding use of copyright-protected works

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy statement. It is the policy of the university to
			 respect, and comply with, the copyright laws of the United States (Title 17 of
			 the United States Code, or the "Copyright Act"). Accordingly, members of the
			 university community desiring to use copyrighted materials are responsible for
			 complying with the Copyright Act in good faith.
(B)
								Implementation.
			 Office of general counsel in cooperation with university libraries' copyright
			 services.
(C)
								Scope. This policy shall apply to all university
			 faculty, staff, and students seeking to use copyright-protected
			 works.
(D)
								Use of a copyright-protected work.
(1)
									Unless a work is
			 in the public domain or available for use under a creative commons or other
			 public copyright license, it should be generally assumed that the work is
			 copyright-protected. If there is no applicable license, exemption, or exclusion
			 to permit use of a copyright-protected work, permission must be obtained from
			 the copyright holder or a representative of the copyright holder. Faculty,
			 students, and staff members are individually responsible for assessing whether
			 a copyright-protected work is available for use, and if required, ensuring that
			 the appropriate permission is obtained from the copyright holder or a
			 representative of the copyright holder prior to use of the
			 work.
(2)
									Limitations to exclusive copyright. Permission to use a
			 copyright-protected work is not required in accordance with certain limitations
			 to exclusive rights to copyright set forth in the Copyright Act. Such
			 limitations include, but are not limited to, the exemptions set forth in this
			 section below. Faculty, staff and students should refer to
http://www.library.kent.edu/copyright
for detailed information, guidance, and resources on
			 copyright exemptions prior to relying on any exemption for use of a
			 copyright-protected work.
(a)
										Public domain. A public domain work is a work that is
			 not protected by copyright and which may be freely used. Works in the public
			 domain include works published in the U.S. before January 1, 1923, most works
			 owned by the federal government, or, prior to 1989, works for which an author
			 has failed to satisfy a statutory formality required in the Copyright
			 Act.
(b)
										Classroom exemptions. Section 110 of the Copyright Act
			 allows for performance and display of a lawfully made copy of a
			 copyright-protected work by instructors or students in the course of teaching
			 activities (not entertainment) in a classroom (physical or virtual, or similar
			 place devoted to educational instruction) as part of a
			 curriculum.
(c)
										Fair use. If no other exemption is available, the fair
			 use provisions set forth in section 107 of the Copyright Act allow for a
			 limited use of a copyright-protected work without permission from the copyright
			 holder. Prior to relying on fair use, a fair use analysis must be completed in
			 good faith and on a case-by-case basis by the individual utilizing the
			 copyrighted work.