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Policies, Procedures, and Copyright

Copyright Information

USC Copyright Policy

Copyright law can be complex. Nevertheless, members of the USC community must respect the legal rights of copyright holders and comply with the law. It is not possible to prepare a guide that addresses every potential use of copyrighted materials. Therefore, if you are a member of the USC community and you still have questions about copyright law after you review the materials referenced below, then contact George Lampl in the Office of General Counsel at 803-777-7854.

The purpose of this page is to provide direction and access to informational materials to University of South Carolina faculty, students, and staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright. However, this page does not establish a new University copyright policy.

The current USC Copyright Policy can be found at
www.sc.edu/policies/acaf133.html.

Copyright Basics

What is copyright? How does a work become copyrighted? What can and what cannot be copyrighted? What are the exclusive rights of the copyright holder? What is the public domain? For information about these and many other important copyright issues, please visit the following sites:

An Overview of the Copyright Basics from Purdue University Copyright Office:
    www.lib.purdue.edu/uco/basics/index.html

Copyright Tutorial from North Carolina State University Scholarly Communication Center:
    www.lib.ncsu.edu/scc/tutorial/

A Crash Course on Copyright from the University of Texas System Office of General Counsel:
    www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top

Copyright in the Classroom

What materials can be used in the traditional classroom or face-to-face instruction? What is "fair use?" How does one apply "fair use analysis?" etc.

An Overview of the Copyright Basics from Purdue University Copyright Office:
    www.lib.purdue.edu/uco/instruction/classroom/index.html

Explanation of Fair Use from the University of Texas System Office of General Counsel:
    www.utsystem.edu/ogc/intellectualproperty/copypol2.htm/

Fair Use Issues from Indiana University Copyright Management Center:
    www.copyright.iupui.edu/fairuse.htm

Copyright in Distributed Learning

The TEACH Act which became law on November 2, 2002, expanded the scope of educator's rights to use copyrighted materials in distance learning courses and courses with digital teaching components, but major restrictions and conditions apply. Understanding what the new law permits and requires is crucial. In addition, the new law's restrictions make it necessary for educators to continue to apply the "fair use" analysis accurately when creating and offering digitally delivered courses or course components.

The TEACH Act Update from the University of Texas System Office of General Counsel includes a very useful checklist for determining if the TEACH Act applies to your particular situation.
    www.utsystem.edu/ogc/intellectualproperty/teachact.htm

The TEACH ACT Toolkit from North Carolina State University contains the TEACH Act text, glossary, guidelines, checklist, and "best practices."
    www.lib.ncsu.edu/scc/legislative/teachkit/

An Overview of the TEACH Act Requirements from Purdue University Copyright Office:
    www.lib.purdue.edu/uco/instruction/online/index.html

Distance Education, TEACH Act, and the Use of Copyrighted Works from Indiana University Copyright Management Center includes a link to the new text of sections 110(2) of the U.S. Copyright Act and another good checklist.
    www.copyright.iupui.edu/dist_learning.htm

The Technology, Education and Copyright Harmonization (TEACH) Act. A summary of the TEACH Act stipulations prepared by Kenneth D. Crews, Professor of Law and Director of Copyright Management Center at Indiana University School of Law-Indianapolis.
    www.ala.org/washoff/teach.html

Obtaining Permissions to Use Copyrighted Works

When is it necessary to obtain permissions to use copyrighted works? How to obtain permissions? What organizations can help in this process?

If you are teaching a distributed learning course at the University of South Carolina, DLSS instructional development staff will assist you in obtaining proper permissions for your course. Please use the Staff Directory to contact your instructional developer.

For helpful information on obtaining permissions, please visit the sites below:

An Overview of the Permissions Process from Purdue University Copyright Office includes a list of copyright management organizations and recommendations on how to manage the process. www.lib.purdue.edu/uco/permissions/index.html

More information on obtaining permissions is included in the Crash Course on Copyright developed by Georgia Harper of the University of Texas System Office of General Counsel www.utsystem.edu/ogc/intellectualproperty/permissn.htm

Sample Permissions Letter
www.utsystem.edu/ogc/intellectualproperty/permmm.htm

Additional Resources on Copyright

Copyright Office at the U.S. Library of Congress
lcweb.loc.gov/copyright/

Copyright Clearance Center
www.copyright.com

Fair Use Guidelines for Educational Multimedia
www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#1

CONFU: Conference on Fair Use
www.utsystem.edu/OGC/IntellectualProperty/confu.htm

Ball State University Copyright Home Page
www.bsu.edu/library/collections/copyright/

Copyright and Fair Use from Stanford University Libraries
fairuse.stanford.edu/

Scholarly Communication Center at North Carolina State University
www.lib.ncsu.edu/scc/

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