XIII. Copyright and Fair Use Policy

XIII.A. Copyright Policy, Information and Forms

XIII.A.1. Binghamton University Copyright Policy
XIII.A.2. Binghamton University Copyright Agreement Form
XIII.A.3. Binghamton University Royalty Distribution Plan
XIII.A.4. Copyright Basics
XIII.A.5. Copyright Registration Forms
XIII.A.6. Copyright Sites
XIII.A.7. US Copyright Office

XIII.B. Fair Use Policy and Information

XIII.B.1. Fair Use Policy (from Copyright Law)
XIII.B.2. Fair Use Analysis
XIII.B.3. Binghamton University Libraries Course Reserves Guidelines
XIII.B.4. Fair Use and E-Reserves (from Association of Research Libraries)
XIII.B.5. Fair Use Guidelines for Educational Multimedia

XII.C. Computer and Multimedia Copyright Policy and Information

XIII.C.1. Binghamton University Computer and Network Usage Policy (Acceptable Use)
XIII.C.2. TEACH Act of 2002
XIII.C.3. Guidelines for Off-Air Recording of Broadcast Programming
XIII.C.4. The Digital Millennium Copyright Act of 1998

XIII.A. Copyright Policy, Information and Forms

XIII.A.1. Binghamton University Copyright Policy

The Copyright policy of the State University of New York states:

"Generally the members of the staff of the University shall retain all rights to copyright and publish written works produced by them. However, in cases where persons are employed or directed within the scope of their employment to produce specific work subject to copyright the University shall have the right to publish such work without copyright or to copyright it in its own name. The copyright will also be subject to any contractual arrangements by the University for work in the course of which the writing was done. Staff members will be expected not to allow the privilege to write and retain the right to their work to interfere with their University duties. In those cases where an author desires the help of University facilities, arrangements should be made through the administrative staff of his [her] institution in advance with respect to the assistance which may be appropriately given and the equity of the University in the finished work."

Updated August 2004

The following sections describe guidelines Binghamton University will use to implement the SUNY policy. A guide for distribution of royalties is also provided for those cases where material is copyrighted in the name of SUNY or the Research Foundation of the State University of New York.

1. Copyrightable work produced by faculty and staff without the use of University services or facilities and free from any agreements administered through the University.

This first instance includes the writing of scholarly books, publications, music, plays, computer software, and all other works held to be copyrightable under the Federal Copyright Act. "The use of University services or facilities" means that the University has provided support specifically to produce the copyrightable work or the services of employees other than the author.

Copyright title in such cases belongs to the person creating the material. The individual may personally receive royalties generated from the licensing or sale of this material. The faculty member's only obligation to the University is to report licensing or sale of such work in the annual faculty report.

All such works shall be marked:
Copyright (year work completed)(Legal Name) or © (year work completed)(Legal Name)

For example: © 1996 Jane Doe (The symbol for copyright is preferred.)

2. Copyrightable work produced as part of an individual's assigned responsibility as SUNY employee or with University support.

Where a faculty or staff member is specifically directed to create specified copyrightable work, the materials are deemed a "work for hire" and the copyright title will be in the name of the State University of New York.

Also included in this category is work produced using University facilities or services to complete or to market the work. Distribution of royalties will be made according to the same schedule utilized for patent derived royalties, unless negotiated in a separate agreement before the completion of the work. The vice president for research may approve release of copyright to the author for research and outreach purposes. All such works shall be marked:

© (Date) State University of New York at Binghamton

3. Copyrightable instructional materials produced by an individual using University facilities or equipment.

Copyrightable instructional materials (e.g., syllabi, lecture notes, presentation graphics, learning activities, and assessment materials) produced by an individual at their own discretion in support of teaching activities, and not directed as a work for hire as outlined in 2 above, are normally considered the intellectual property of the individual. The faculty member is expected to acknowledge any University contributors to the work.

Educational use of the material(s) by Binghamton University class participants will be considered fair use of materials. The individual(s) may personally receive royalties generated from the licensing or sale of this material to parties outside of Binghamton University. The faculty member's only other obligation to the University is to report licensing or sale of such work in the annual faculty report.

All such works shall be marked the same as in 1 above.

Questions or concerns regarding sections XII.A.1-3 should be addressed to the Office of the Executive Vice President for Academic Affairs and Provost at 607-777-2141.

4. Copyrightable work produced as a requirement of a grant or contract administered by the Research Foundation of the State University of New York.

Copyright title in such work is in the name of the Research Foundation of State University of New York. Royalties earned through the licensing or sale of these materials will be distributed based on applicable sponsor policy, as well as University and Research Foundation of the State University of New York policies. When the University receives royalties, distribution will be made according to the attached schedule.

A contract or grant agreement may specify conditions for ownership of copyrightable works including royalty distribution. Agreement clauses may include stipulations that royalties be shared with the sponsor for a specified term and up to a specified amount.

All such works shall be marked:

© (Date) The Research Foundation of State University of New York at Binghamton

5. Copyrightable works produced using grant or contract funds, Research Foundation of the State University of New York support or Research Foundation of the State University of New York or SUNY facilities.

Copyright title is in the name of the Research Foundation of the State University of New York. Royalties earned from licensing or sale of the work are distributed following the attached schedule. If the Research Foundation of the State University of New York decides not to market the work, the author may request copyright title and market it in his or her own name. All such requests must be made to the vice president for research.

All such works shall be marked:

© (Date) The Research Foundation of State University of New York at Binghamton.

6. Copyrightable works derivative of grant or contract activity but where production of such work is not supported by the grant and not produced using Research Foundation of the State University of New York or SUNY facilities or support.

Copyright title in such cases belongs to the person creating the material. The individual may personally receive royalties generated from the licensing or sale of this material. The faculty member's only obligation to the University is to report licensing or sale of such work in the annual faculty report.

All such works shall be marked the same as in 1 above.

XIII.A.2. Binghamton University Copyright Agreement Form

Copyright Agreement Form (PDF)

XIII.A.3. Binghamton University Royalty Distribution Plan

The State University of New York patent policy[1] provides for sharing between the inventor and the University of gross royalty income from licensing of inventions. The patent policy requires 40 percent of the gross royalty must be provided to the inventor as personal income. The remaining net royalties are returned to the campus president for distribution. This statement provides for distribution of this local campus allocation.

It is in the interest of Binghamton University to provide a share of royalty funds with those most closely associated with their generation as an incentive to disclosing potentially patentable inventions. Royalty funds provided to University units are to be used in accordance with University policies and procedures to enhance research development and inventive activities.

The allocation of the first $100,000 per year of royalties will be as follows:

  • 40% to the inventor pursuant to SUNY patent policy.
  • 25% to support the inventor's department. For the Graduate School of Education, the College of Community and Public Affairs, Decker School of Nursing and the School of Management, the department allotment goes to the dean. For non-academic units, the allotment will go to the appropriate vice president. If a faculty member is associated with an organized research center, half of this allotment shall go that center.
  • 20% to the vice president for research to support research and scholarly activities.
  • 15% to the division of research to cover technology transfer activities and general overhead (includes RF central expenses).

The allocation of the excess over $100,000 per year of royalties will be as follows:

  • 40% to the inventor pursuant to SUNY patent policy.
  • 25% to the president to enhance the research mission of the University.
  • 25% to the vice president for research to enhance the research mission of the University.
  • 10% to the division of research to cover technology transfer activities and general overhead (includes RF central expenses)

If more than one inventor or more than one department are recipients, the amounts will apply to the combined shares of all recipients. Distribution among them will be determined by prior agreement as delineated in the invention disclosure or as equal shares.

An annual report of expenditures accompanying a narrative summary of accomplishments will be submitted by the chair, director and/or dean to the vice president for research as a condition for continued allocation. The annual report is due June 1 on the attached form. An annual report of expenditures and summary of accomplishments will be submitted to the president of the University.

1 Title 8, Section 335.28 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Article XI, Title J, Section 1 of the Policies of the Board of Trustees)

XIII.A.4. Copyright Basics

http://www.copyright.gov/circs/circ1.pdf

XIII.A.5. Copyright Registration Forms

http://www.copyright.gov/forms/

XIII.A.6. Copyright Sites

http://www.copyright.gov/resces.html

XIII.A.7. US Copyright Office

http://www.copyright.gov/

Summary of Civil and Criminal Penalties for Violation of 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.

For more information, please see the website of the U.S. Copyright Office at www.copyright.gov, especially their FAQs at www.copyright.gov/help/faq.

XIII.B. Fair Use Policy and Information

XIII.B.1. Fair Use Policy (from Copyright Law)

Copyright protects the particular way an author has expressed himself but does not extend to the ideas, systems, or factual information conveyed in the work.

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize reproduction of a work. This right is subject to specific limitations found in sections 107 through 118 of the copyright law of the United States (title 17, U.S. Code). One important limitation is the doctrine of “fair use.” Fair use doctrine has developed through a substantial number of court decisions over the years and is codified in section 107 of the copyright law.

Section 107 lists various purposes where reproduction of a particular work may fall outside copyright limitations. Section 107 lists four factors to help determine if a particular use is fair:

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

The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific amount of material (number of words, lines, or notes) that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Examples of activities that courts have determined as fair use are: "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported." (1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law)

When in doubt, the safest option is always to identify the copyright owner and obtain their permission to use the work. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of "fair use" would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered "fair" nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

XIII.B.2. Fair Use and Copyright Tools

Fair Use Analysis (Table content with permission of Purdue University Copyright Office)

Fair Use Evaluator (Office for Information Technology Policy, American Library Association)

Public Domain Slider (Office for Information Technology Policy, American Library Association)

XIII.B.3. Binghamton University Libraries Course Reserves Guidelines

http://www.binghamton.edu/libraries/services/eres/reserve-copyright.html

XIII.B.4. Fair Use and E-Reserves (from Association of Research Libraries)

Association of Research Libraries

XIII.B.5. Fair Use Guidelines for Educational Multimedia

Consortium of College and University Media Centers

XIII.C. Computer and Multimedia Copyright Policy and Information

XIII.C.1. Binghamton University Computer and Network Usage Policy (Acceptable Use)

http://binghamton.edu/its/policies/acceptable-use.html

XIII.C.2. TEACH Act of 2002

The TEACH act (17 USC 110(2)) is an exception to copyright law which allows online course instructors a wider set of rights to perform, display and make copies of works for online courses. It is designed to make these rights closer to those existing for face-to-face teaching exceptions, covered in Section 110(1) in the copyright law.

XIII.C.3. Guidelines for Off-Air Recording of Broadcast Programming

http://www.lib.uconn.edu/copyright/guidelinesForOff-AirRecording.html (University of Connecticut Libraries)

XIII.C.4. The Digital Millennium Copyright Act of 1998

http://www.copyright.gov/legislation/dmca.pdf (U.S. Copyright Office)

http://w2.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html (Electronic Frontier Foundation)

Last Updated: 8/15/14