Copyright – Good Habits; Getting a Handle on Copyright
Tutorial created by Jan Hart, MLS, Ed.D., UAMS Library Associate Director
Copyright Law and Infringement Notice
Requirement of the Higher Education Opportunity Act 2010
UAMS Institutional Policy on the Use of Copyrighted Materials
Administrative Guide 12.0.2
The University of Arkansas for Medical Sciences is an accredited nonprofit educational institution supporting the activities of educators, scholars, researchers, and students. UAMS promotes an environment of compliance with copyright laws through the campus-wide distribution of the Guidelines for UAMS Faculty, Staff, and Students Using Copyrighted Materials throughout the Colleges and the educational support units.
UAMS promotes the educational and research use of copyrighted materials (Appendix A. Basic Copyright Law) through the appropriate application of the provisions provided in copyright law for fair use (Appendix B. Fair Use) and for specific exemptions granted for educational and research purposes (Appendix C. Exemptions). At this time, exemptions include the Teaching Exemption, the provisions for distance education covered by the Technology, Education, and Copyright Harmonization Act (TEACH Act), and special Library Exemptions. UAMS observes ‘best practices’ and ‘guidelines’ commonly accepted within the academic community (Appendix D. Guidelines).
The Institutional Responsibilities of UAMS (Appendix E) document addresses the institutional administrative and technological responsibilities required to take advantage of fair use and exemptions.
Summary of Civil and Criminal Penalties for Violating Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
These institutional policies and guidelines were approved the UAMS Chancellor’s Cabinet, the UAMS Administrative Council, and Harold Evans, JD, of Williams and Anderson LLP.
Guidelines for UAMS Faculty, Staff, and Students Using Copyrighted Materials
Teaching in the Face-to-Face Classroom (Teaching Exemption)
Fair Use for Teaching Faculty and Students at UAMS
Distance Education and TEACH Act
Course Management Software (WebCT) and E-Reserves
Fair Use of Digital Images
Fair Use for Scholarship and Research
College of Medicine Guidelines for Use of Copyrighted Materials in Education
Brief guidelines designed to alert teaching faculty to copyright issues.
(also adopted by the College of Nursing and College of Pharmacy)
Appendices: Summaries of copyright law and guidelines
Appendix A. Basic Copyright Law – 17 U.S. Code 102
Copyright from the code
Appendix B. Fair Use – 17 U.S. Code Section 107
Appendix C. Exemptions
Teaching Exemption – 17 U.S.Code 110(1)
Library Exemptions (17 U.S. Code 108)
Appendix D. Guidelines
Educational Fair Use Guidelines for Digital Images
Guidelines for Classroom Copying of Books and Periodicals
Appendix E. Institutional Responsibilities of UAMS
For questions and assistance, please contact the Library Assistant Director (Jan Hart, Ed.D., 686-6751, firstname.lastname@example.org). Questions requiring additional attention will be forward to designated UAMS counsel. UAMS faculty, students, and staff are directed to the University of Texas System Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm for detail discussion of copyright issues.