Lesley University Policy on Use of Copyrighted Works 1

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. The Policy is supplemented by the Lesley University Copyright And Fair Use Policy. Faculty, staff and students are strongly encouraged to refer to these two documents frequently.

This policy statement does not address the ownership of materials or intellectual property created by members of the University community. A separate policy addressing this issue is currently in development.

I. Statement of Principles

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).

II. Prohibited Conduct

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.

III. Permissible Use of Copyrighted Material

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.

A. Procedures for Making Fair Use Determinations.

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.

B. Procedures for Obtaining Permission for Use of Copyrighted Materials

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.

IV. Faculty Responsibility

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 of the University. Faculty who become aware of any pattern of abuse by a particular student, should advise their immediate supervisor.

V. Student Responsibility

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:

• If the materials have been created solely by the instructor, the student will abide by any restrictions on copying, storage, distribution and other use that the instructor may set.
• If the materials were created by someone other than the instructor, the student will not permit anyone, other than another student enrolled in the same course, to have access to the digital file, will not make copies except as necessary to do the coursework to which the materials relate, and will delete the file and all copies form his/her computer(s) at the end of the academic year.

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.

VI. Infringement.

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 be taken as needed.

VII. Creation and Duties of the University Copyright Committee

A. Composition of the Committee

The Provost shall appoint a University Copyright Committee. It shall consist of two faculty members, one administrator, a library representative and a designee from the Provost's office. The term limit of each committee member shall be three years. Committee members shall have staggered terms to ensure continuity.

B. Duties

The University Copyright Committee shall have the following responsibilities:

1. Monitoring trends in such areas as institutional or consortial copyright use policies and guidelines for fair use of information in all formats;
2. Identifying areas in which policy development is needed and recommending to the Provost new or revised institutional policies and guidelines; and
3. Assisting in identifying educational needs of the faculty and others related to compliance with copyright policies and guidelines, and advising on appropriate ways to address those needs.

1 The Lesley University Policy on Use of Copyrighted Works is based on similar policies used at other institutions, including, but not limited, to the University of Texas system and the University of North Carolina at Chapel Hill.