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Copyright Policy Links:
Instructional Use of Copyrighted Materials
Why Should I Read
These Guidelines?
“Fair
Use”
Copyright
Law and
Electronic Materials
Copyright
Permission
General Information
A Limited Exemption
The Fair Use Statute
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Copyright Policy
As an increasing number of questions have been raised
about electronic documents and the ability to copy and distribute
them, it became clear the institution needed to develop a statement
on copyright. While informal policies existed the institution has
never formally developed and approved a policy through faculty and/or
administrative action. As an extension of Earlham’s “Principles
and Practices” and consistent with its philosophy, this document
is intended to serve as a set of guidelines for students, faculty
and staff of the college in their uses of copyrighted materials.
The purpose of the document is to provide a basis
for guiding practice. The writers understand that the field of copyright
law and interpretation
of Fair Use is in great flux and we will not be able to write a
definitive policy that will have much staying power. Instead,
we have written
what might be called guidelines that will need to be revised frequently
as the legal landscape changes. As the appendix to this statement
indicates, we believe that an educational program will be very
important follow-up to the implementation of the guidelines.
The appropriate place for such a policy to be developed
is the Information Technology Policy Committee (ITPC) –a faculty
committee that includes representation from all segments of the on-campus
community.
In the summer of 2003 Information Services (IS) explored possible
shapes for such a policy. Because so many institutions have developed
such statements we did not want to start from scratch. In our
exploration of other statements we were attracted to that of Princeton
University.
We liked the general approach the statement took and the statement
was in many ways consonant with our own practices. Staff of IS
created a version of the Princeton document that more accurately
represented
Earlham’s current informal policies, was consistent with
the authors’ understanding of current law, and used language
that is locally appropriate (e.g., college instead of university).
The
approach is to develop a document that focuses on the fair use
provisions recognized in the law and vigorously apply them to
our circumstances.
ITPC revised the document during the fall semester 2003. What
follows is the latest version to result from that revision process.
ITPC
expects that there will be further changes as the document is
reviewed broadly on the campus. This introduction will be revised
as the process
goes forward.
–
Mickey White and Tom Kirk, July 2005
1We wish to acknowledge Princeton University’s “Guidelines
for Instructional Use of Copyrighted Electronic and Multimedia Materials” that
was the starting point for the development of this policy. Some language
from the Princeton University Policy has been retained in this document.
This version approved by ITPC on December 8, 2004.
2Principles
and Practices. Richmond, IN: Earlham College, 2000. The Community
Principles and Practices describes principles and
practices that guide those of us who live and work
at Earlham College and who form its campus
community: students, teaching and administrative faculty, and staff.
As well, College trustees, and many alumni and former
employees of the College, feeling
themselves still members of the community, choose to embrace these
principles.
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