It is the intent of International Business College that all faculty and staff of IBC to adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.). The following statements and guidelines constitute the requirement for faculty and staff at the International Business College handling instructional material that is protected by copyright.
What Copyright Is
Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well known symbol of the encircled "c". The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- Reproduce copies of the work.
- Prepare derivative works based on the copyrighted work.
- Distribute copies of the work by sale, rental, lease, or lending.
- Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).
- Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work -- including the individual images of a film -- or a pantomime).
These rights are not absolute. They are subject to both "Fair Use" limitations, which apply to all media, and medium-specific limitations.
Copyright Act lists four factors to help judges determine, and therefore to help you predict, when content usage may be considered "fair use."
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes. If a particular usage is intended to help you or your organization to derive financial or other business-related benefits from the copyright material, then that is probably not fair use.
- The nature of the copyrighted work. Use of a purely factual work is more likely to be considered fair use than use of someone's creative work.
- The amount and substantiality of the portion used in relation to the copyright protected work as a whole. There are no set page counts or percentages that define the boundaries of fair use. Courts exercise common-sense judgment about whether what is being used is too much of, or so important to, the original overall work as to be beyond the scope of fair use.
- The effect of the use on the potential market for or value of the copyright protected work. This factor looks at whether the nature of the use competes with or diminishes the potential market for the form of use that the copyright holder is already employing, or can reasonably be expected soon to employ, in order to make money for itself through licensing.
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
- Works that have not been fixed in a tangible form of expression—written, recorded or captured electronically.
- Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries or devices, as distinguished from a description, explanation or illustration.
- Works consisting entirely of information that are natural or self-evident facts, containing no original authorship, such as telephone books, standard calendars, height and weight charts and tape measures and rulers.
- Works created by the U.S. Government.
- Works for which copyright has expired; works in the public domain.