Maryville University Copyright Policy

Summary

This policy addresses issues related to copyright.

I. Introduction

Maryville University is committed to providing an innovative learning environment with comprehensive and accessible academic programs while complying with all applicable state and federal laws. Maryville respects the intellectual property of others and views the unauthorized use of copyrighted materials as a serious violation of University policy and federal law. Maryville University faculty, staff, and students are required to comply with all U.S. copyright laws, including Title 17 of the United States Code, the United States Copyright Act, the Technology, Education, and Copyright Harmonization (TEACH) Act 2002, and the Digital Millennium Copyright Act (DMCA) of 1998.

The purpose of this document is to provide information related to the University’s copyright resources and satisfy specific provisions of the TEACH Act and the DMCA.

Copyright law is complex and often requires a fact-specific review to mitigate risks associated with improper copyright use. This policy and the University resources available are not intended to provide legal advice. Maryville University employees and students are responsible for making a good faith determination of whether an intended use falls within specific or fair use exemptions in copyright law. Permission to use copyright material is typically required, and permission must be obtained prior to the use of the copyrighted materials.

For assistance in making a good faith determination of the proper use of copyright material when developing course materials, faculty and staff may consult the Maryville University Copyright Guidelines. If you have any questions about this policy or whether a particular use constitutes “fair use,” please contact the Office of Institutional Equity and Compliance (OIEC) at compliance@maryville.edu.

II. Common Misconceptions

There are several common misconceptions as it relates to copyright law and the fair use doctrine. Reviewing and following the University policies and guidelines, along with a fact-specific review when warranted, can help avoid pitfalls related to improper copyright use.

Examples of common misconceptions:

Copying for educational purposes is always permitted;
Permission is not required as long as only a “small amount of work” is copied;
Permission is only required if there is a copyright notice on the material;
Information publicly available on the internet can be used without permission;
As long as credit is provided to the copyright owner, permission is not necessary; and
Permission is not required as long as the work is being changed or modified.

III. Copyright Overview

Under the Copyright Act set forth in Title 17 of the United States Code, copyright owners have the exclusive right to reproduce, distribute, perform, display, and prepare derivative works of their creations. Copyright law protects a variety of creative works as long as the works are original, fixed in a medium, and created by a human author. Copyright generally covers art, books, photographs, music, software, websites, jewelry, audio-visual works, sculptures, and other types of creative expressions.

If another person desires to reproduce or use a copyrighted work, that person must either seek permission from the copyright owner or fall within the Copyright Act’s “fair use” exemption. “Fair use” is a defense to copyright infringement that allows one to use a copyrighted work under certain conditions without the permission of the copyright owner. There are two other exemptions to copyright relevant for instructors provided under Section 110 of the Copyright Act, including a face-to-face teaching exemption and the TEACH Act.

IV. TEACH Act

The Copyright Act contains specific provisions, known as the Technology, Education, and Copyright Harmonization Act (“TEACH Act”), allowing the use of certain copyrighted works in distance education settings, such as online courses and digital course management platforms. The TEACH Act allows for the digital transmission of copyrighted works for educational purposes without permission from the copyright holder, as long as certain requirements are met. These provisions impose much more rigorous requirements than those imposed in face-to-face classroom settings.

In order to take advantage of the TEACH Act benefits, Section 110(2) of Title 17 of the United States Code requires that the entity be a government body or an accredited nonprofit educational institution which has a copyright policy and provides informational material on copyright law and promotes compliance. Further, there are requirements that the transmission of the copyrighted work must be limited to “students officially enrolled in the course for which the transmission is made” and other limitations on the work being transmitted and for digital transmissions.

Fair Use Analysis Still Applicable: Even if the particular use of a copyrighted work does not meet the above-mentioned TEACH Act requirements, it may still be allowable if it qualifies under a fact-specific fair use analysis. If the conditions for both the TEACH Act and the fair use defense do not apply, permission from the copyright holder is required.

V. Fair Use Defense

“Fair use” is a defense to copyright infringement that allows one to use a copyrighted work under certain conditions without the permission of the copyright owner. There are no bright-line rules or tests with the fair use doctrine. To determine whether a use is “fair use,” courts weigh the four factors outlined below. However, while each of the four factors must be considered, they are not necessarily weighted equally, and no single factor is dispositive when determining whether a particular use is appropriate. Additionally, some of the provisions set forth below are not outlined in the Copyright Act, but instead are set forth in guidelines which are not legally binding.

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
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.

VI. The Digital Millennium Copyright Act (DMCA)

The DMCA, an amendment signed in 1998, provides an update to copyright law in light of the digital age and acts as both a sword and a shield. The DMCA provides an efficient and effective enforcement tool for copyright holders to implement takedown procedures to remove alleged infringing material that the copyright holder believes in good faith is being used improperly.

The DMCA provides a statutory process for implementing a takedown procedure to remove the alleged infringing material, including specific notice and response requirements. DMCA complaints are taken seriously and handled by the University’s designated agent.

The DMCA also provides specific limitations on copyright infringement liability for online service providers (OSPs), like Maryville University, if the OSP meets certain requirements. This Section is intended to satisfy these requirements.

NOTICE: IT IS ILLEGAL TO DOWNLOAD, UPLOAD, REPRODUCE, OR DISTRIBUTE ANY COPYRIGHTED MATERIAL, IN ANY FORM OR IN ANY FASHION, WITHOUT PERMISSION FROM THE COPYRIGHT HOLDER OR THE COPYRIGHT HOLDER’S DESIGNATED AGENT. MARYVILLE UNIVERSITY EXPECTS ALL STUDENTS, FACULTY, AND STAFF TO COMPLY FULLY WITH FEDERAL COPYRIGHT LAWS. IF SUCH LAWS APPEAR TO HAVE BEEN VIOLATED BY A USER, THE UNIVERSITY RESERVES THE RIGHT TO TERMINATE THE USER’S ACCESS TO SOME OR ALL OF THE UNIVERSITY’S DIGITAL RESOURCES, INCLUDING COMPUTER SYSTEMS, AND TAKE DISCIPLINARY ACTIONS AS DEEMED APPROPRIATE. REPEAT OFFENDERS SHALL BE SANCTIONED AND THE USER’S PRIVILEGES TERMINATED.

Register an agent with the U.S. Copyright Office;
Develop and implement copyright policies, including terminating accounts of repeat infringers, in appropriate circumstances;
Adopt a notice and takedown procedure for alleged copyright infringing materials; and
Accommodate and not interfere with “standard technical measures” utilized by copyright owners to identify and protect their works.

The DMCA provisions and requirements impact not only improper use of coyrighted material on the University’s network, but also if the University’s resources are being used in an infringing way. Anyone aware of possible copyright infringement should provide a written complaint to the University’s designated agent.

A written complaint must include the following:

A signature (either ink or electronic of the copyright holder or registered agent);
A description of the copyrighted work(s) that is claimed to be infringed;
A description of the material that is claimed to be infringing in sufficient detail to allow the service provider to locate and identify the material;
Contact information for the complainant, including (if available): username, address, phone number, and e-mail;
A statement that the complainant has a good faith belief that the use of the material is not authorized and/or unlawful; and
A statement that the information in the complaint is accurate under penalty of perjury, and that the complainant is authorized to act on behalf of the copyright owner of the work that is alleged to be infringed.

There are statutory requirements mandated by federal law related to the notices and responses, so it very important that all complaints include the information listed above so that complaints may be handled promptly and appropriately in accordance with federal law.

Maryville University’s designated agent to receive complaints and notification of infringement claims under Title II of the DMCA is:

The Executive Director of Networks and Applications in the Office of Digital Learner Experience (DLX) at ciso@maryville.edu.

Last Revised September 2023