This policy applies to all faculty, staff and students of Lesley University. Compliance with the terms of this Policy is a condition of employment for University faculty and staff, and of enrollment for University students.
Lesley University is dedicated to scholarly inquiry, the integration of theory and practice in service to students and the communities that they serve. It is essential that all members of the community carry out scholarly inquiry in an open and free atmosphere that respects the rights of those who create the works used within the academic community for teaching, research and service activities. Therefore, it is the policy of the University that all members will adhere to the United States Copyright Law of 1976, as amended (Title 17, United States Code).
Except as allowed by law, no member of the Lesley community shall reproduce, distribute, display publicly, perform, digitally transmit (in the case of sound recordings), or prepare derivative works based upon a copyrighted work without permission of the copyright owner. Copyrighted work includes, but is not limited to, books, periodicals, music, paintings, photography, sculpture, video, sound recordings, software, web sites and databases.
Members of the community may use copyrighted material if 1) such use falls within the "fair use doctrine" or 2) the owner of the copyright has given permission for such use.
The Copyright Act sanctions the "responsible, good faith exercise of full fair use rights." (17 U.S.C. § 107). Faculty, staff and students shall refer to the Lesley University Copyright And Fair Use Policy Guidelines to determine whether the proposed use meets the fair use exception. Those who require assistance with fair use determinations may consult the Library Director of the University.
Members of the community are required to obtain permission from a copyright owner if the use of the copyrighted material may not be deemed "fair use" or may violate a licensing agreement. Specific procedures for obtaining permission shall be developed, outlined, disseminated and monitored by appropriate University personnel and set forth in the Lesley University Copyright And Fair Use Policy Guidelines.
Every member of the Lesley faculty, regardless of employment status, is responsible for preserving and promoting respect for the rights of creators of copyrighted works through example and instruction. Faculty are expected to adhere to this policy and the Lesley University Copyright And Fair Use Policy Guidelines. Faculty are also expected to be proactive in helping students understand the importance of copyright to the production of materials on which scholarship depends. Faculty are strongly encouraged to talk about the policy with their immediate supervisor or the Library Director. Faculty who become aware of any pattern of abuse by a particular student, should advise their immediate supervisor.
Upon enrollment, each student becomes a full member of the Lesley community of scholars. Every Lesley student is subject to the copyright laws and is responsible for understanding and implementing the policy and the Lesley University Copyright And Fair Use Policy Guidelines. Lesley faculty and the Library Director can help students further understand the copyright law.
From time to time, Lesley students may be given online access to text, audiovisual, or other materials in digital form, by an instructor or staff member of Lesley, or receive from the instructor or staff member a digital transmission of such materials. Without limitation of the general policy, the following specific guidelines apply to materials posted on the Internet:
Any student who has direct knowledge and/or evidence of copyright infringement by another student should meet with the faculty member responsible for that course or the Library Director.
Determination of whether a specific use of a copyrighted work may constitute infringement shall be made by the Library Director and the Provost in collaboration appropriate personnel. Disciplinary action will follow Academic Integrity violation process guidelines.
Under the US Code, Title 17, the making of photocopies or other reproduction of copyrighted materials is controlled. Under certain conditions the law provides for photocopying or reproductions if the copy is not to be "used for any purpose other than private study, scholarship, or research." This is termed "fair use." If for any reason the person receiving a photocopy or reproduction later uses that copy for purposes other than "fair use," that person may be held liable for copyright infringement.
These guidelines, excerpted from The New Copyright Law: Questions and Answers Teachers and Librarians Ask (National Education Association: Washington, D.C.), are provided as a general introduction to the copyright law as it pertains to classroom use of photocopies made from books and articles.
A single copy of any of the following, by or for a professor, at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the professor giving the course for classroom use of discussion, provided that: 1) the copying meets the tests of brevity and cumulative effect defined below; and 2) each copy includes a notice of copyright.
Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts are accumulated or reproduced and used separately.
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