Draft Copyright Policy for William Paterson UniversityThe
Copyright Act of 1976 provides protection to "original works of authorship." The
copyright law protects the tangible expression of original works of authorship
and describes the categories of works that may be copyrighted. Copyright owners
possess exclusive rights subject to some exceptions, including the "fair use"
exception. William Paterson University encourages the appropriate use of copyrighted
works and materials for teaching, research and creativity purposes consistent
with the copyright law. All members of the University community, including
faculty, staff, students and volunteers, must comply with the Copyright Act of
1976 and with this policy. The concept of "fair use," which is embodied in section
107 of the copyright law, is the most widely used exception to seeking permission
for uses of copyrighted works. Reliance upon the "fair use" exception is limited
to those circumstances that meet the four-factor "fair use" balancing test. Those
factors are: - The purpose and the character of the use, including whether
such use is of a commercial nature or is for nonprofit educational purposes.
- The
nature of the copyrighted work.
- The amount and substantiality of the portion
used in relation to the copyrighted work as a whole.
- The effect of the
use upon the potential market for, or value of, the copyrighted work.
If
it is determined by a member of the University community that this exception,
or any other exceptions from the copyright law, are not applicable, permission
must be obtained from the copyright owner for each use. The expansion of the
Internet and the electronic transfer and storage of information has raised a new
range of issues concerning intellectual property rights. William Paterson University
is committed to providing resources to the University community to assist in the
decision-making process in this increasingly complex environment. All members
of the University community must become well informed concerning copyright as
it relates to their discipline. The University will not be legally responsible
for copyright infringement by members of the University community. Individuals
who intentionally violate the copyright law and University policy do so at their
own risk and assume all liability. Copyright Act of 1976 and related laws
contained in Title 17 of the United States Code: http://lcweb.loc.gov/copyright/title17/.
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