Ohio Administrative Code › Title 3344 - Cleveland State University › Chapter 3344-17 - Copyright Permission › Section 3344-17-03 - Use of copyrightable materials

Current through all regulations passed and filed through July 1, 2024
Cleveland state university expects all
				members of the university community to respect the U.S. Copyright Law of 1976,
				Title 17 of the United States Code. The principles of copyright law that apply
				to electronic course content are the same as those that apply to printed course
				material, regardless of whether the electronic content is textual or
				audio-visual, or where it is stored (e-reserves, blackboard, "iTunesU," for
				example). If permission would be required for a print use, it shall be required
				for an analogous electronic use.
(A)
								Fair use
			 determinations
The university affirms that the
				exceptions to a copyright owner's exclusive rights that are provided by the
				law, especially the fair use provision U.S. Copyright Act,
				17 U.S.C.
				107, are integral to the balance between
				exclusive rights and productive, socially beneficial new uses of works. A fair
				use determination requires a thoughtful, fact-specific analysis to be made and
				considered carefully prior to deciding whether or not permission is required
				for each specific use.
(B)
								A fair use
			 analysis should always be made by the faculty member who is placing or
			 requesting that material be placed on electronic course reserves or in a course
			 content system. The Michael Schwartz library and the center for elearning have
			 procedures established to assist faculty members in making this
			 determination.
(C)
								If a use is determined not to be a fair use, then the
			 faculty member shall obtain permission from the copyright holder and possibly
			 pay for the use. The university libraries or center for elearning can help
			 faculty find alternative materials when permission or fair use
			 fails.
(D)
								When relying on fair use, materials copied for online
			 course content should be attributed properly and marked to indicate that they
			 are subject to copyright protection, e.g., "This material may be protected by
			 copyright," or "This material is subject to the copyright law of the United
			 States."
(E)
								Copyright protected course content should be kept
			 behind password/authentication barriers so only students enrolled in the class
			 can access it.
(F)
								Materials should remain available only for a limited
			 time, usually no longer than necessary for a particular class use, after which
			 they shall be removed. These are services that are provided by the Michael
			 Schwartz library, the Cleveland-Marshall college of law library, and the center
			 for elearning.
(G)
								Linking to copyrighted materials
The digital age has made potential
				course content available in a wide variety of ways, and faculty can often
				choose amongst several formats to make reading, viewing, and listening
				materials available to students. If it is possible to link to material that is
				either publicly available on the web or available to the Cleveland state
				university community through a database licensed (including the right to link
				to articles for use in course content systems) by the Michael Schwartz library,
				the Cleveland-Marshall college of law library, the center for elearning, or
				"OhioLINK," further permission is not needed to use that material.
(H)
								Making
			 copies of copyrighted materials
(1)
									When it is necessary to make a copy of the material,
			 rather than simply linking to it as described above, permission is not needed
			 if the work or works are in the public domain (generally, material published in
			 the U.S. before 1923 or if U.S. federal government documents and some, but not
			 all state and other governmental agency documents). Generally, a creative
			 commons license allows for nonprofit educational use. For all other material, a
			 fair use analysis shall be made; if fair use is determined not to apply to the
			 specific use, permission shall be obtained.
(2)
									Only legally
			 acquired materials can be copied for use in course content systems. Under
			 section 108 (d) of the Copyright Act of 1976, libraries cannot request
			 materials via inter-library loan for use in course content systems.
									Such copies of a copyrighted item are only to be used
			 for the private research and study of the requester.
Replaces: 3344-17-03