This is the basic University of Texas System Copyright Policy regarding the use of copyrighted materials.
It is the policy of The University of Texas System and its component institutions to follow the United States Copyright Law of 1976, as amended, (Title 17, United States Code, hereinafter, the "Copyright Act"). Accordingly, all faculty, staff and students of The University of Texas System and its component institutions should follow these policy guidelines:
- Only copyrighted materials are subject to the restrictions in this Policy Statement. Un-copyrighted materials may be copied freely and without restriction. Because a copyright notice is not required for copyright protection of works published on or after March 1, 1989, most works (except those authored by the United States Government) should be presumed to be copyright protected, unless further information from the copyright holder or express notice reveals that the copyright holder intends the work to be in the public domain. Works published prior to March 1, 1989, generally require a copyright notice to be protected. The Copyright Office Circular 22 explains how to determine the copyright status of a work.
- Copyrighted software may be copied without the copyright owner's permission only in accordance with the Copyright Act. Section 117 of the Act permits making an archival back-up copy. Most software, however, is licensed to the user and the terms of the license agreement may give the user permission to make copies of the software in excess of the archival copy permitted by the Copyright Act. Each software license agreement is unique. As a result, the user's rights to copy licensed software beyond that permitted under the Copyright Act may only be determined by reading the user's license agreement. Any copying or reproduction of copyrighted software on System or component institution computing equipment must be in accordance with the Copyright Act and the pertinent software license agreement. Further, faculty, staff and students may not use unauthorized copies of software on System or component institution owned computers or networks or computers housed in System or component institution facilities.
- Copyrighted materials may be copied or otherwise used without the copyright owner's permission where such copying constitutes "fair use" under the Copyright Act.
In order to copy or otherwise use materials, including software, where (a) the materials are copyrighted, (b) use exceeds what is permitted by license or the “Rules of Thumb” are part of a larger strategy to meet our needs for permission when fair use is not enough; to reduce our need for permission in the future by licensing comprehensive access to works; and to take a more active role in the management of the copyrighted works created on our campuses for the benefit of our university community.
which are incorporated as referenced herein:
UT System has established Rules of Thumb for the following uses of copyrighted works:
- Coursepacks - Limit coursepack materials to: single chapters, single articles from a journal issue, several charts, graphs or illustrations and other similarly small parts of a work. They may include any copyright notice on the original and appropriate citations and attributions to the source. Important to remember to obtain permission for materials that will be used repeatedly by the same instructor for the same class.
- Distance learning (performing others' works for distance learners): Incorporate performances of others' works sparingly and only if a faculty member or the institution possesses a legal copy of the work (i.e., by purchase, license, fair use, interlibrary loan, etc.).
They may include: any copyright notice on the original, appropriate citations and attributions to the source and a Section 108(f)(1) notice. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term. Important to remember to permission for materials that will be used repeatedly by the same instructor for the same class.
- Image archives (like the Art History slide collection)
A. Is the image you wish to digitize readily available online or for sale or license at a fair price?
If YES: Point to, purchase or license the image. Do not digitize it unless you are in the process of negotiating a license. If you have a "contract pending," digitize and use the image in accordance with these Rules of Thumb until the license is finalized and you have received the licensed digital image.
If NO: Digitize and use the image in accordance with the following limitations:
Limit access to all images except small, low resolution "thumbnails" to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
Faculty members also may use images at peer conferences.
Students may download, transmit and print out images for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images in works prepared for course assignments etc., and may keep works containing images in their portfolios.
B. Periodically review digital availability. If a previously unavailable image becomes available online or for sale or license at a fair price, point to or acquire it.
- Multimedia works (incorporating others' works in a multimedia work) - Students, faculty and staff may: incorporate others' works into a multimedia work, display and perform a multimedia work and in connection with or creation of class assignments, curriculum materials, remote instruction, examinations, student portfolios, and professional symposia. Be conservative. Use only small amounts of other's works. Also don't make any unnecessary copies of the multimedia work.
- Music -Limit copying as follows: sheet music, entire works: only for performances and only in emergencies, sheet music, performable units (movements, sections, arias, etc.): only if out of print, student performances: record only for teacher or institutional evaluation or student's portfolio, and sound recordings: one copy for classroom or reserve room use.
Include any copyright notice on the original and appropriate citations and attributions to the source. Also replace emergency copies with purchased originals if available.
Limit research copies to: single chapters, single articles from a journal issue, several charts, graphs, illustrations, and other similarly small parts of a work.
Limit reserve materials to: single articles or chapters, several charts, graphs or illustrations; or other small parts of a work, a small part of the materials required for the course, and copies of materials that a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.).
Include any copyright notice on the original, appropriate citations and attributions to the source and a Section 108(f)(1) notice. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term. Obtain permission for materials that will be used repeatedly by the same instructor for the same class.
and (c) the four factor fair use test (What is the character of the use? What is the nature of the work to be used? How much of the work will you use?, and What effect would this use have on the market for the original or for permissions if the use were widespread? )
- indicates that the use is likely not fair, permission should be obtained from the copyright owner.
- If permitted by State law and procedures, The University of Texas System will defend any faculty or staff member against a civil action alleging copyright infringement:
- where the use is in accordance with the provisions of a valid software license agreement,
- where the use is within the Rules of Thumb,
- where the permission of the copyright owner has been obtained, or
- where the Office of General Counsel has assisted in determining that the use was permissible.
Otherwise, the faculty or staff member will be personally responsible for the defense of a civil action for copyright infringement.
- Component institutions are responsible for posting notices reflecting this policy at all computer and photocopying stations which may be used for reproducing copyrighted materials, e.g., departmental copy rooms and libraries, and at or near all computer stations. Appendix I provides a suggested form of notice.
Appendix I
Suggested Notice
"Copyright Notice"
"Copying, displaying and distributing copyrighted works, may infringe the owner's copyright. The University of Texas System's policy statement on Fair Use of Copyrighted Materials can help you determine whether your use of a copyrighted work is a fair use or requires permission. Any use of computer or duplicating facilities by students, faculty or staff for infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil remedies and criminal penalties provided by federal law."
