SEARK College Copyright Policy

Copyright Policy

Copyright Policy Article 1, Section 8, of the United States Constitution, gives to Congress the power to … “Promote the Progress of Science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.†The Copyright Law of the United States of American is contained in Title 17 of the United States Code. Copyright protection is available for published and unpublished works of authorship that are “fixed in a tangible form of expression.†This tangible form of expression may require the aid of a machine or device thus extending copyright protection to works published on the Internet or World Wide Web. Copyrightable works include the following categories: 1. Literary works; 2. Musical works, including any accompanying words 3. Dramatic works, including any accompanying music 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptural works 6. Motion pictures and other audiovisual works 7. Sound recordings 8. Architectural works. “Copyright is secured automatically when the work is created and a work is considered ‘created’ when it is fixed in a copy or phonorecord for the first time.†It is no longer necessary for a copyrighted work to be registered or to carry a notice of copyright for it to be protected under the Copyright Law. Included in the U.S. Copyright Law are several provisions for ‘Limitations on exclusive rights’ which allow the reproduction of copyrighted works in certain situations and under certain conditions. Section 107, Chapter 1, Title 17 provides that the ‘fair use’ of copyrighted material for purposes such as “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.†Certain factors must be considered in determining fair use including: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. The Southeast Arkansas College Library makes every effort to comply with the Copyright Law of the United States of America. The Library’s responsibility for compliance with the Copyright Law is noted in its Interlibrary Loan Policy. The following warning notice has also been posted on all equipment in the Southeast Arkansas College Library and Learning Assistance Laboratory that can be used to copy copyrighted materials: NOTICE: THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, U.S. CODE) GOVERNS THE MAKING OF COPIES OF COPYRIGHTED MATERIAL. THE PERSON USING THIS EQUIPMENT IS LIABLE FOR ANY INFRINGEMENT. All quoted material is from publications of the U.S. Copyright Office, Circular 1, Copyright Basics or Circular 92, Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code as located at College Council Approved 10-12-01

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