This guide is intended to encourage and promote legitimate use of copyrighted material, regardless of the form or format in which it exists. This document provides descriptions of issues, guidelines, frequently asked questions and related sources for proper consideration of the intellectual property rights of others. These are provided to assist in understanding the acceptable use practices of electronic objects and media, as well as print media, as they relate to copyright compliance.

A copyright provides the rights and protections granted by the laws of the United States to the authors of "original works of authorship." By definition this consists of literary, musical (including accompanying words), dramatic (including accompanying music), sound recordings, motion picture, other audiovisual, pantomimes and choreographic, pictorial, graphic, sculptural, architectural and certain other intellectual works.

The 1976 Copyright Act generally provides the owner of a copyright the exclusive rights to reproduce a copyrighted work, prepare derivative works, distribute copies, perform publicly, or display a copyrighted work publicly. The Copyright Office of the Library of Congress registers these copyrights.

I.  ELECTRONIC OBJECTS AND MEDIA

Unauthorized Copying and Distribution of Copyrighted Materials

Issue: Unauthorized Electronic Copying and Distribution of Copyrighted Materials

The motion picture, gaming, recording and software industries have legitimate objections to the unauthorized copying and distribution of copyrighted materials in electronic form. These complaints refer to works that are typically in the form of movies, games, music, TV programs, electronic books, etc. Making unauthorized copies of these materials is a COPYRIGHT INFRINGEMENT.

Guideline: Do not download or share, using the Internet or other means, copies of unlicensed copyrighted items such as movies, games, music, television programs, electronic books, other programs and/or software. Downloading and making these copyrighted materials available to others through use of computing peer-to-peer software or other means is NOT allowed.

Guideline: Programs such as Kazaa, Morpheus, LimeWire, gnutella, and BearShare are used for file sharing. These programs AUTOMATICALLY make the files on your computer available to others on the Internet. You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-4357.

Issue: Illegally Copying Software on Electronic Media

The Federal Copyright law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy for "archival" purposes only. It is illegal to use that software on more than one computer or to make or distribute copies of that software for any other purpose, unless specific permission has been obtained from the copyright owner.

Guideline: When acquiring copies of software such as word processing, operating system, utilities, graphics software, games, music, etc. for personal or other use, always READ THE LICENSE AGREEMENT. Licensing agreements typically allow you to use the software on one machine only and allow one extra copy to be used for archival purposes.

Guideline: Do not make and/or use more copies than the number that you are allowed as stated in the license agreement. This applies to Microsoft Windows, MAC OS, applications programs, databases, utilities and other software used on computers. If you have access to software through your employment or for educational purposes, do not assume that you can make copies of the software without reading the license agreement to verify that you are legally permitted to do so.

Access

Issue: Material accessible to the FSU community through networks, and materials disseminated from FSU, should not be restricted solely on the basis of content, or because of the origin, background, or views of those contributing to its creation. The University fully supports open access to electronic communication and information.

Guideline: Members of the University are free to communicate and access information through the use of electronic networks. However, University information technology or other resources may not be used in violation of copyright laws, University or governing board rules and policies concerning copyrights or the use of computer and information technology.

Guideline: Users of computers should retain proof of ownership of software and comply with the restrictions for use, including copyright limitations, that are provided in licensing documents or other prevailing agreements.

Frequently Asked Questions - Electronic Materials

Am I A violator?

If you are someone who shares electronic files, documents, programs, games, etc., the question is whether or not you have permission to distribute or reproduce copyrighted works. Are you authorized by the owner of the copyright to reproduce or distribute the materials? If so, you are exercising "fair use" when you share these files with others. If not, you are a direct infringer and can be subject to penalties if you are identified.

If files you are sharing are home movies of your vacation and friends, you own the copyright to these films and are permitted to reproduce, distribute and play them. However, if you have acquired, and are distributing, unlicensed copies materials such as Austin Powers, MP3's of Eminem, Diablo, Madden NFL 2002, Family Guy, West Wing or the latest Microsoft Office installation CD, you are in direct violation of FSU policies and other copyright laws. In this case, you have violated one or more of the copyright owner's exclusive rights.

For engaging in conduct that violates University copyright policy, you may have your FSU computer account privileges revoked, face University judicial or disciplinary action and/or prosecution. Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations.

STOP IMMEDIATELY! You should remove any and all file-sharing programs AND unauthorized materials from your computer. If you have any difficulties with this, you can call the FSU Help Desk at 644-4357.

You can contact the FSU Office of Audit Services at:

Florida State University
Office of Audit Services
407 Westcott
P.O. Box 3061390
Tallahassee, FL 32306-1390

Phone: (850) 644-6031
Email: auditservices@admin.fsu.edu

TEACH Act (for online course delivery)

• the online instruction is mediated by an instructor;
• measures are used to prevent "retention of the work in accessible form by recipients of the transmission. . . for longer than the class session;" and
• measures are taken that limit the transmission of the material to students enrolled in the particular course, regardless of where the students are physically located, and precludes unauthorized student retention and/or downstream redistribution "to the extent technologically feasible."

Guideline: These parameters are not broad enough to allow for entire hard copy textbooks to be digitized, nor will the new law apply to materials that are produced by the copyright owner for online instructional sales. But it does give institutions limited rights to retain the information and provide limited student access for review purposes. The TEACH Act also grants a limited right to digitize portions of an analog (printed text, hardcopy documents, pictures in original form, etc.) work for use in an online course if a digital version is not available.

Guideline: Institutions that want to take advantage of the TEACH Act must have copyright policies in place and must provide faculty, students, and staff members with information that "describes, and promotes compliance with, the laws of United States relating to copyright." The institution also must provide students with a notice that materials may be subject to copyright protection.

A comprehensive summary of the TEACH Act can be found at the American Library Association web site at http://www.ala.org/washoff/%20teach.html.

II.  PRINT MEDIA

Issue: It is important to be aware of what is allowable regarding the copying of intellectual property for use by instructors and others. This applies to copying in Not-For-Profit Educational Institutions with respect to books and periodicals.

Single Copying for Teachers

1. A chapter from a book;
2. An article from a periodical or newspaper;
3. A short story, short essay or short poem, whether or not from collective work;
4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

Multiple Copies for Classroom Use

Prohibitions

1. Copying shall not be used to create or to replace or substitute for an anthology, its compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.
2. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets, and answer sheets and like consumable material.
3. Copying shall not:
   1. substitute for the purchase of books, publishers reprints, or periodicals;
   2. be directed by higher authority; or
   3. be repeated with respect to the same time by the same teacher from term to term
4. No charge shall be made to the student beyond the actual cost of photocopying.

Frequently Asked Questions - Print Media

Will Faculty Members Who Assign Customized Course Anthologies, Or The Colleges At Which They Teach, Be Liable For Copyright Infringement?

Anyone who violates any of the exclusive rights of the copyright owner is an infringer.

Would I Infringe Someone's Copyright If I Were To Make Multiple Copies And Either Distribute Those Copies For free, Or Require Their Return After Use?

You may be infringing. You do not have to sell the copies (or permanently dispose of them) in order to infringe the copyright owner's rights.

Can I Legally Copy A Work I Bought Without Infringing The Copyright?

The purchase of a work does not give you automatic authority to copy the work unless such copying is consistent with state, federal and school copyright policies, rules, laws, etc. The purchaser of a work owns only that copy of the work. In addition, the purchaser does not own any rights in the copyright covering the contents of the purchased copy.

What Are The Penalties For Copyright Infringement?

Federal law provides that in a civil suit the copyright holder is entitled to recover actual damages and any profits made by the copyright infringer, or can elect to receive statutory damages from $750 to $30,000 for each infringement. In the court's discretion and if intent is proved, the upper limit can move to $150,000. If the court determines that the infringer was not aware and had no reason to believe that the acts constituted a infringement, statutory damages of not less than $200 per infringement will be assessed. The court may also award costs and attorney's fees to the prevailing party. Criminal prosecutions of willful copyright violations can result in penalties ranging from one to ten years imprisonment as well as fines. (17 U.S.C. §§ 504, 505, and 506; 18 U.S.C. § 2319).

Unauthorized conduct may also violate the laws of other countries, international law, and/or treaty obligations.

For additional information or to report suspected violations Contact the FSU Office of Audit Services at

Florida State University
Office of Audit Services
407 Westcott
P.O. Box 3061390
Tallahassee, FL 32306-1390

Phone: (850) 644-6031
Email: auditservices@admin.fsu.edu

III.  LINKS TO ADDITIONAL INFORMATION

FSU Rules, Policies, Websites, etc.

OP-H-6 Use of University Information Technology Resources
http://www.vpfa.fsu.edu/policies/bmanual/itpolicy.html

Copyright Policy
http://www.auditservices.fsu.edu/services/copyright/index.html

Student Conduct Code, 6C2-3.004, Florida Administrative Code
http://www.fsu.edu/Books/Student-Handbook/codes/conduct.html#com

The Teach Act of 2002: How the law affects online instruction
http://online.fsu.edu/onlinesupport/instructor/teachact.html

Florida Copyright Laws

Florida Computer Crimes Act, Chapter 815, Florida Statutes
http://www.flsenate.gov/Statutes/index.cfm? App_mode=Display_Statute &URL=Ch0815/titl0815.htm &StatuteYear=2002 &Title=%2D%3E2002%2D%3EChapter%20815

Federal Copyright Laws

The Copyright Law of the United States of America, Title 17 United States Code
http://www.copyright.gov/title17/index.html

United States Copyright Office
http://www.loc.gov/copyright/
http://www.copyright.gov/circs/circ1.html

Infringement of Copyright Laws
http://www.law.cornell.edu/usc/17/501.html

The Digital Millennium Copyright Act
http://www.loc.gov/copyright/legislation/dmca.pdf

TEACH Act or Technology, Education, and Copyright Harmonization Act of 2002
http://www.copyright.gov/legislation/pl107-273.html#13301

Infringement Laws
http://www.auditservices.fsu.edu/services/copyright/infringement.html

Other Copyright Sites of Interest

Timeline: A history of Copyright in the U.S.
http://arl.cni.org/info/frn/copy/timeline.html

The Debate Over Copyright Protection in the Digital Age
http://groton.k12.ct.us/mts/pt2a13.htm

Coalition for Networked Information
http://www.cni.org/Hforums/cni-copyright/
http://www4.law.cornell.edu/uscode/17/index.html

The TEACH Toolkit
http://www.lib.ncsu.edu/scc/legislative/teachkit/