Copyright Frequently Asked Questions

  1. What is JCCC's policy regarding intellectual property rights generally?
  2. What is copyright?
  3. Does a work have to carry a copyright notice to be protected?
  4. Does a work created outside of the United States receive copyright protection?
  5. What is not protected by copyright?
  6. How long does copyright protection last?
  7. What is the public domain?
  8. What are the consequences of copyright infringement?
  9. What does "fair use" mean in terms of copyright?  
  10. What might be considered "fair use" in the educational context?
  11. If I create a work that I know is similar but not identical to another person's work, does that violate copyright law?
  12. Does copyright affect programming recorded from broadcast or cable television?
  13. What rules govern film screenings at JCCC?
  14. How are course packs I create for my classes affected by copyright?
  15. What is JCCC’s guideline toward the academic use of student work?
  16. Are there other general guidelines I should follow in my courses regarding copyright?
  17. How do I request permission to use a work protected by copyright? 
  18. Must I notify students about copyright law?
  19. Is email covered by copyright?
  20. What does the TEACH Act cover?
  21. What is JCCC's policy about copyright on the Web? 
  22. How can I protect my own works on the Web?
  23. Who is JCCC's designated Web copyright infringement claims agent?
  24. How may claims of Web copyright infringement be reported to JCCC?
  25. Links to additional information on intellectual property.

1. What is JCCC's policy regarding intellectual property rights generally? [top]

It is JCCC's policy to respect third parties' rights under the intellectual property laws of the United States, including federal statutes protecting copyright and trademarks.  Faculty, staff and students at JCCC must also respect third parties' rights. It is against JCCC policy for faculty, staff or students to use JCCC equipment or services to access, use, copy or otherwise reproduce or make available to others any copyright protected materials except as permitted under the Copyright Act or by written agreement.

JCCC expects all faculty, staff and students to follow its policies on the proper use of copyright protected materials, to comply with all written agreements concerning the use of copyright protected materials and to teach students to do the same. If an individual faculty or staff member fails to comply with JCCC's policies concerning the use of copyright protected materials or the written agreement governing the use of copyright protected materials, the faculty or staff member will be responsible for defending him or herself if sued because of such a failure. Students that fail to comply with JCCC's policies concerning the use of copyright protected materials and any applicable written agreements governing the student's use of copyright protected materials may be sanctioned as set out in the JCCC Student Code of Conduct, and will be responsible for defending themselves if sued because of such a failure.

It is also important to note that the information presented here is only general information. True legal advice must be provided in the course of an attorney-client relationship, specifically with reference to all the facts of a particular situation. Such is not the case here, so this information must not be relied on as a substitute for obtaining legal advice from a licensed attorney.

2. What is copyright? [top]

The Copyright Act (17 U.S.C. §101 et seq.) grants the owner or creator of a creative work the exclusive right to use and make copies of that work for the time specified by law.  Examples of works protected under the Copyright Act include poetry, movies, television programs, other audio visual works, video games, plays, paintings, sheet music, recorded music performances, books, computer programs, sculptures, photographs, choreography and architectural designs.  The Copyright Act does not protect the ideas or facts upon which a work may be based - only the author's fixed, original and creative expression of those facts or ideas.

Generally, for a work to be eligible for copyright protection, the work must be (a) "original" meaning the creator must have independently created the work without copying another's work, (b) exhibit some minimal amount of creativity, (c) the subject matter of the work must be subject to protection by copyright, and (d) "fixed in a tangible medium of expression," meaning it must exist or have existed in some physical form for some period of time, no matter how brief.

Creativity requires that the original aspects of the work must be distinguishable variations from works that have come before, likewise denying copyright protection to words, short phrases, titles, slogans, mere listing of ingredients or contents, numbers generated sequentially or randomly, and works dictated solely by functional considerations, such as business forms. 

Under the Copyright Act, the owner has six exclusive rights concerning his or her work during the statutory term of copyright protection, which rights are subject to a number of limitations set out in the Copyright Act.  The following is a short summary of the owner's six exclusive rights concerning use and copying of his or her work:

  • Reproduce the work in tangible fixed copies
  • Distribute tangible fixed copies of the work to the public by gift or for sale, rent, or loan
  • Publicly display certain types of works
  • Publicly perform certain types of works
  • For sound recordings, publicly perform the work by means of a digital audio transmission
  • Adapt, modify or prepare derivative works based on the prior work

Taking any of the above listed actions with regard to a copyright protected work without the permission of the owner is infringement.

3. Does a work have to carry a copyright notice to be protected? [top]

No. A work does not have to be registered or marked as copyrighted for it to be protected under the Copyright Act (subject to certain limited exceptions). Copyright protection is automatic once the original work is fixed in a tangible medium of expression.

4.   Does a work created outside of the United States receive copyright protection? [top]

Yes. Works created by persons living outside of the United States receive the same protection as works created by persons living in the United States. Under the Berne Convention, the more than 100 member countries have agreed to afford copyright protection to works created by nationals of any member country. The General Agreement on Tariffs and Trade Treaty also protects international copyrights.

5. What is not protected by copyright? [top]

Certain types of works do not receive copyright protection under the Copyright Act, such the following types of works: 

  • Works that have not been fixed in a tangible form of expression
  • 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
  • Works consisting entirely of information that is common property and containing no original authorship

Please note that even if a work is not protected by the Copyright Act or if a defense from a claim of infringement under the Copyright Act is available to you, the work may be protected by other laws. For example, before using a work, the rights of privacy and publicity of the subject should be considered, permission to use any trade or service marks included in the work should be obtained, or a license to practice a patented process or system should be obtained, but discussion of these rights and interests is beyond the scope of this Policy.

6. How long does copyright protection last? [top]

The duration of copyright protection depends upon a number of factors. In general, any work originally published after Jan. 1, 1978, is protected for at least the life of the author plus 70 years and is automatic - the author does not need to take any legal steps to preserve the copyright. For an anonymous work, a pseudonymous work or a work made for hire, the copyright endures for a term of 95 years from the year of first publication or a term of 120 years from the year of its creation. For works first published prior to 1978, the term of protection will vary, depending on numerous factors (when first published or registered and whether the copyright was renewed after the first 28-year term of protection, plus whether the work was given an additional renewal term based on special legislation. Any work published on or before Dec. 31, 1922, is now in the public domain.

For specifics, consult Chapter 3 of the Copyright Act or Circular 15a published by the U.S. Copyright Office. In addition, a chart that summarizes when copyrighted works pass into the public domain has been created by Lolly Gasaway at the University of North Carolina. http://www.unc.edu/~unclng/public-d.htm

7. What is the public domain? [top]

When copyright protection expires, the owner no longer has the exclusive rights granted under the Copyright Act and the work passes into the public domain, which means the work can be freely used. However, collections, translations and anthologies of works in the public domain may still be protected by copyright. (For example, although Shakespeare's plays are in the public domain, a specific collection of his works may not be.) No modern work is in the public domain unless the owner explicitly put it there and abandoned all rights to it.

Although the World Wide Web is certainly public, works made available on the World Wide Web are not in the public domain. The assumption should be that any work found on the World Wide Web is covered by copyright, with or without displaying a copyright notice.

8. What are the consequences of copyright infringement? [top]

The copyright owner has a number of remedies for infringement under the Copyright Act. Remedies for copyright infringement include the copyright owner's actual damages and the infringer's profits or, alternatively, statutory damages of $750 to $30,000 per work infringed. If the infringer is not aware and had no reason to believe that its acts constituted an infringement of a copyright, the statutory damages award may be reduced to $200. Remedies also include court-issued and enforced restrictions on the infringer's behavior, i.e. an injunction. If the infringement is willful, statutory damages may be increased up to $150,000. Courts also have discretion in awarding the copyright owner its costs and its attorneys' fees. A court can award up to $150,000 for each separate act of willful infringement. In some instances, copyright infringement could be a basis for criminal prosecution, such as committing infringement for commercial advantage or private financial gain or the reproduction of one or more infringing copies, within a 180 day period with a retail value of $1000 or more.

9. What does "fair use" mean in terms of copyright? [top]

"Fair use" is an affirmative defense to a claim of infringement.  Fair use is codified in Section 107 of the Copyright Act and is ultimately determined by a court.  Generally speaking, news media, educators, nonprofit organizations, researchers and anyone else making use of copyrighted materials without permission for certain limited purposes, such as commentary, parody, news reporting, research and education are making "fair use" of such materials and will have an affirmative defense to any claim of infringement from the owner of the copyrighted materials.

Section 107 defines "fair use" as the balancing of a number of factors, four of which are included as examples in the text of Section 107 of the Copyright Act. The exemplary four factors can be summarized as follows:

  • The purpose and character of the use, including whether such use is of a commercial nature or is for non profit educational purposes;
  • The nature of the copyrighted work;
  • The amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole; and
  • The effect the use of the work would have on the potential market for or the value of the original work.

The distinction between "fair use" and infringement is unclear and is not easily defined.  There is no specific number of words, lines, or notes that may safely be taken without permission.  Legal scholars, lawyers, politicians, copyright owners and other interested parties fail to agree upon the meaning and scope of fair use, and litigation concerning the meaning and scope of fair use is ongoing.  If you have more questions contact JCCC's designated copyright agent. 

10. What might be considered "fair use" in the educational context? [top]

Guidelines on the use of certain types of copyright protected works in the classroom were published as part of the legislative history of the Copyright Act of 1976.  The Conference on Fair Use made an attempt to negotiate guidelines for use of copyright protected materials in distance learning, multimedia, image and electronic reserve by eliciting the comments of legal scholars, lawyers, politicians, copyright owners and other interested parties.  But these guidelines are long and complex, none of the participants were satisfied with them, and they will not serve as a "safe harbor" against litigation.  It is also important to note that fair use guidelines in the educational context do not necessarily translate into a "safe harbor" for purposes other than education.  Ultimately, it is important to be reasonable when using copyright protected materials, and the adapted version of the various guidelines provided below can assist you with determining what is reasonable.  If you have more questions contact JCCC's designated copyright agent .

Guidelines for "Fair Use"

Print

Chapter in a book
Fair use (permission not required)

  • Single copy used by an instructor for research, teaching or class preparation
  • Multiple copies (one per student per class) if the chapter is brief, spontaneously copied and in compliance with the cumulative effect test (see below)
  • Copyright notice and attribution included

Newspaper/magazine article

Fair use (permission not required)

  • A complete work of less than 2,500 words
  • For longer articles, excerpts of up to 1,000 words or 10 percent of the work, whichever is less (a minimum of 500 words)
  • Articles covered in the previous two bullets may be expanded (e.g., the number of words increased) to permit the completion of an unfinished prose paragraph)
  • Copyright notice and attribution included

Poems

Fair use (permission not required)

  • Copies of the entire poem if it is less than 250 words and printed on no more than two pages
  • 250 words of a longer poem
  • Articles covered in the previous two bullets may be expanded (e.g., the number of words increased) to permit the completion of an unfinished line of a poem)
  • 5 poems by different poets from a collection
  • 3 poems (or excerpts) per poet from the same collective work or periodical volume
  • Copyright notice and attribution included
  • A notation if alterations are made

Infringing Use - Not "Fair Use"

  • Multiple copies used semester after semester without permission
  • Multiple copies that create an anthology
  • Multiple copies intended to avoid the purchase of a textbook or other materials
  • Using an unlawfully acquired copy as the original

Photographs, illustrations and graphic images (including charts, diagrams, graphs, drawings, cartoons and Web images)

Fair use (permission not required)

  • Copying a photo, illustration or image in its entirety, but no more than five images from one artist
  • Using images from a published collective work, but no more than 15 images or 10 percent of the work, whichever is less
  • Copyright notice and attribution included
  • A notation if alterations are made

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Making copies to avoid purchase
  • Incorporating or altering the image as an embellishment or decoration for artistic purposes that aren't temporary
  • Using an unlawfully acquired copy as the original

Video or animation

Fair use (permission not required)

  • Copying up to 3 minutes or 10 percent of the work, whichever is less
  • Copyright notice and attribution included
  • A notation if alterations are made
  • Copied spontaneously

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Making copies to avoid purchase
  • Incorporating or altering the image as an embellishment or decoration for artistic purposes that aren't temporary
  • Using an unlawfully acquired copy as the original

Music and lyrics (including sheet music, songs, lyrics, musical scores or recordings)

Fair use (permission not required)

  • Copy up to 10 percent in print, sound or multimedia form, but no more than 30 seconds of an individual work
  • Copyright notice and attribution included
  • A notation if alterations are made

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Making copies to avoid purchase
  • Using an unlawfully acquired copy as the original
  • Changing the basic melody or fundamental character of the piece

Broadcast program

Fair use (permission not required)

  • Single copy of off-air simultaneous broadcast used within a period not to exceed the first 45 consecutive calendar days after the recording date
  • Copyright notice and attribution included
  • No alterations
  • Used only by individual instructors

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Making copies to avoid purchase
  • Using an unlawfully acquired copy as the original

Numerical data sets

Fair use (permission not required)

  • Copying up to 10 percent or 2,500 fields or cell entries, whichever is less
  • Copyright notice and attribution included
  • Noting if alterations were made (alterations must support an instructional objective)

Infringing Use - Not "Fair Use"

  • Making and distributing multiple copies
  • Distributing multiple copies semester after semester
  • Using an unlawfully acquired copy as the original

11. If I create a work that I know is similar but not identical to another person's work, does that violate copyright law?  [top]

If I create a work (for example, stories or scenarios) that I know is similar but not identical to another person's work, does that violate copyright law?

Yes.  If you borrowed a substantial part of a work without permission from the owner to create your new work, it is a "derivative" work, and is an infringement. If you borrowed ideas but not of the expression of ideas, then the work you created is not a "derivative" work, and not an infringement.

12. Does copyright affect programming recorded from broadcast or cable television? [top]

Yes.  Television programs are copyright protected materials.  You may record and use television programs in your classroom for educational (not entertainment) purposes, in accordance with the following guidelines:

  • You should ask TV Services to record the television program you wish to use in your classroom, rather than recording the television program yourself.
  • You can only show the recorded television program during the first 10 consecutive school days after it is made and only in your classroom (you can show it to several classes, however).
  • You can make a limited number of copies, but each copy is subject to the provisions governing the original.
  • The recording of the television program may not be altered or edited in any way and must include the copyright notice from the broadcast version of the program.
  • After the 10-day use period expires, the recording of the television program may only be used for evaluation - to help you determine whether you want to buy or license it for further use. The recording of the television program must be destroyed not later than 45 calendar days after it was made. If you want to keep using the recording after the 45 day period, you must ask permission from the copyright owner.

13. What rules govern film screenings at JCCC? [top]

Section 110(1) of the Copyright Act allows instructors and students to show films the course of face-to-face teaching activities.

In order to fit within this exemption, the screening must meet the following criteria:

  • They must be shown as part of the instructional program.
  • They must be shown by students, instructors or guest lecturers.
  • They must be shown either in a classroom or other location devoted to instruction.
  • They must be shown either in a face-to-face setting or where students and faculty are in the same building or general area.
  • They must be shown only to students and/or educators.
  • They must be using a legitimate (that is, legally reproduced) copy.

For all other screenings, including screenings by clubs or student groups, permission to show copyrighted works is required.

Swank Motion Pictures (http://colleges.swankmp.com/) and Criterion USA (http://www.criterionpicusa.com/) sell licenses for many recent feature films.  Permission can also be obtained by contacting the current distributor of the film.   Contact Mark Swails, the Copyright Librarian, for help obtaining permission.

Films in the public domain, or films that have been purchased with public performance rights can be screened without permission from the distributor. 

14. How are course packs I create for my classes affected by copyright? [top]

All materials you include in a course pack must either be in the public domain or used with permission of the copyright owner. At JCCC, Document Services will ask you to verify that you have such permission when you complete a request form for printing services. You should identify the copyright owners in the materials you intend to include in your course pack and you must obtain permission to reproduce any copyrighted materials in your course pack.

15. What is JCCC’s guideline toward the academic use of student work? [top]

Students own the copyright for all the classwork they create. Most teaching-related uses of student work (including: classroom examples, grade norming and plagiarism detection) fall within Fair Use exceptions. As a courtesy, faculty should ask for permission to use a current student’s work. Faculty members who wish to obtain formal permission in writing can use JCCC’s Student work release form. When the use does not fall within the Fair Use exceptions, formal permission must be obtained by using JCCC’s Student work release form.

There are also privacy concerns related to the use of student work. As appropriate, the student should have the opportunity to request that identifying information be removed or that it be used with proper attribution.

16. Are there other general guidelines I should follow in my courses regarding copyright? [top]

  • Assume all material is copyright protected.
  • Read "click to accept" agreements or "read me" files for clip art, shareware and freeware on the Web to make sure you are aware of any restrictions.
  • Use only small amounts of others' works.
  • Your use of other's copyrighted materials without permission should be spontaneous; namely, the inspiration and decision to use the work and the time it's needed for maximum teaching effectiveness are so close that it would be unreasonable to expect a reply to a request for permission to use it in time for class.
  • Don't repeatedly use other's copyrighted materials without permission. If you plan to use other's copyrighted materials in the same class, semester after semester, you must obtain permission from the owner of the copyrighted materials.
  • Include any copyright notice provided on the original work, and include an appropriate citation and attribution regarding the source of the original work. Include a notice for students that the materials are copyright protected materials and further use is restricted.
  • If the image you wish to digitize is available online or is for sale or license, buy it, license it or send students to see it online. If it's not, you can digitize and use it, but limit access to all images except low-resolution thumbnails to students enrolled in the class. Terminate student access to all such images at the end of the semester.
  • Do not substitute copying for the purchase of books, publishers' reprints, workbooks or periodicals.
  • Don't use copying to create, replace or substitute for anthologies, compilations or collective works. This applies to whether you use accumulated works or if you reproduce and use the works separately.
  • Don't copy works intended to be "consumable" in the course of study, such as workbooks, exercises, standardized tests, answer sheets, etc.
  • Remember companies like Disney, McDonald's, Mattel and Coca-Cola aggressively monitor the Web for infringement. With search engines such as Google, they will find you if you use one of their logos inappropriately and without permission.

17. How do I request permission to use a work protected by copyright? [top]

You can request permission by phone, e-mail or letter. For published works, address the request to the permissions department of the publisher/producer.  Send requests to use portions of unpublished works directly to the author. Don't ask for blanket permission to copy. Instead, include the following specific information in your request:

  • Title, author and/or editors, and edition of the material
  • Copyright date and ISBN (for books) or ISSN (for magazines or journals) numbers
  • Exact material to be copied, giving amount and page numbers, the URL, file, etc.
  • Number of copies to be made
  • How the copies of the material will be used
  • Whether or not the copies will be sold
  • Type of use (reprint, download, digital transfer, scan, photocopy, etc.)
  • Your full name, the college's name, the course name and number, and the semester and year in which you will use the material
  • Name, address and telephone number of someone to contact with questions

Send your request three to nine weeks before your class begins to make sure you have the permission in time. The more time you give the publisher or author, the better your chances are for getting permission. Ask for written permission to use the work. When you receive it, be sure to keep a copy.

Fees charged in order to use a work protected by copyright are the responsibility of the academic division.

18. Must I notify students about copyright law? [top]

Yes. You must notify all of your students, including those students in your distance learning classes, that works used in your classes may be protected by copyright, and you must include the copyright notices originally placed on the work for each work so included. As a part of your distance learning class, you may permit your students to download, transmit and print images for personal study and for the student's personal use in academic course assignments.

19. Is email covered by copyright? [top]

Every email you send and every email you receive is copyright protected. Because copyright law does not require a work - such as an email message - to include a copyright notice for it to be protected, forwarding an email to others and posting it publicly can be a violation of copyright law. Common sense and respect for privacy are needed in such cases. If an email message is obviously intended to be forwarded to announce an event, for example, then you can assume it's not protected by copyright. However, if the email message is not a routine announcement or information intended to be shared, then it is courteous and legally wise to seek permission before passing it along.

20. What does the TEACH Act cover? [top]

Amendments to Section 110(2) of the Copyright Act, commonly identified as the Technology, Education and Copyright Harmonization Act of 2002, were adopted as a part of the 21st Century Department of Justice Appropriations Authorization Act (the "TEACH Act").  The TEACH Act addressed the use of copyrighted materials by accredited nonprofit educational institutions in distance education.  

  • The TEACH Act expanded the range of allowed works, deleting the exclusion of broad categories of works, as did the former law. However, a few narrow classes of works remain excluded, and uses of some types of works are subject to quantity limitations. For example, performances of non-dramatic literary and musical works are permitted as before, but performances of dramatic works are now permitted but are restricted to "reasonable and limited portions" of a work, typically the amounts displayed in a face-to-face classroom setting. However, works that are marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks"; and performances or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired are specifically excluded from performance and display in distance learning.
  • The TEACH Act expanded the types of permitted receiving locations, deleting the limitation that content may only be transmitted to classrooms and other similar locations, now allowing educational institutions to reach students through distance education at any location.
  • The TEACH Act clarified when storage of transmitted content is permitted. Educational institutions are allowed to record and retain copies of the distance-education transmission, even if it included copyrighted content owned by others, and permits retention of the content and student access for a brief period of time, and it permits copying and storage that is incidental or necessary to the technical aspects of digital transmission systems.
  • The TEACH Act permitted the digitization of some analog works, but in most cases only if the work is not already available in digital form.
  • The TEACH Act requires that performances and displays of copyright protected materials must be part of mediated instruction under an instructor's supervision, meaning they are the kind of thing the instructor would show or play during a face-to-face class.
  • The TEACH Act requires that access to copyright protected materials be restricted to enrolled students and only to the extent technologically necessary.
  • The TEACH Act obligates educational institutions to apply technology protection measures that prevent retention of the work for longer than necessary or other copying or dissemination.
  • The TEACH Act exempts students in distance education courses from liability for copyright infringement for any temporary reproductions of material that occurs through the technical processes of digital transmission.
  • The TEACH Act requires instructors to inform students that works seen in the online class may be protected by copyright.

Use of distance learning systems such as WebCT and Blackboard meet the TEACH Act's stipulations on access, dissemination and retention of materials.

21. What is JCCC's policy about copyright on the Web?  [top]

It is JCCC's policy to respect third parties' rights under the intellectual property laws of the United States, including federal statutes protecting copyright and trademarks. These laws also cover creating and publishing a Website. The following guidelines apply to any page or pages you include as a part of the jccc.net or jccc.edu domains:

  • Web users must comply with applicable copyright laws. Copying copyrighted materials from or posting them to a website without permission violates the U.S. Copyright Act, for which JCCC can be held liable. JCCC Web accounts can be terminated for copyright infringement.
  • Always assume that copyright and/or trademark law protects the material you wish to use. Because these laws protect all such materials, you cannot reproduce or otherwise make use of the materials without the owner's permission.
  • You should obtain permission from the owner to use the owner's material. "Fair use" is a copyright doctrine based upon the principle that the public should be entitled to use portions of copyrighted material for purposes of commentary, criticism, parody or education. Because it is difficult to determine if such use is "fair use" - if it is for an educational or other traditional "fair use" purpose - it is better to obtain permission to use the material.
  • Even if the material is identified as "clip art, royalty-free work, copyright-free work, shareware, or freeware," your ability to distribute or reproduce the material may be limited. You should read the "click to accept" agreement or "read me" files that usually accompany the materials.
  • Permission is not needed for a regular word link to another Website's home page, but it's good Web etiquette to ask permission anyway. Deep linking (allowing users to bypass the home page), image links, framing (importing information from the link and displaying it in a frame), inlining (incorporating a graphic file from one site onto another) and other methods of connecting a Website to information at other Websites do require permission from the site owner. You should obtain permission before linking, framing or otherwise connecting your Website to others' Websites.
  • If someone complains that you are using material on a Web site without proper authorization, you should immediately remove that material.

22. How can I protect my own works on the Web? [top]

Even though a copyright notice isn't required, it's wise to include one in your Web materials so an infringer can't claim he or she didn't know your work was protected. A copyright notice will also help others contact you to obtain permission to use your work. A valid copyright notice should contain:

  • The word "copyright" or ©
  • The year of publication
  • The name of the author or creator or the name of the owner of the copyright (if not the author or creator)

You can also require that a copyright notice always be included with your material, so anyone who reads it knows you created it.

To enhance the protection afforded by copyright law, register a copyright for your original material with the U.S. Copyright office. http://www.copyright.gov/help/faq/faq-register.html#register. Before doing so, you should confirm the ownership of such materials by making an inquiry of the Copyright and Patents Committee in accordance with JCCC Policy No. 425.01.

23. Who is JCCC's designated Web copyright infringement claims agent? [top]

The Copyright Act requires online service providers to designate someone to be notified of alleged occurrences of online copyright infringement.  JCCC's designated agent is:

Name: Mark Daganaar
Title: Director, Library Services
Johnson County Community College
12345 College Blvd.
Overland Park, KS  66210
913-469-8500, ext. 3882
Fax: 913-469-3816
email: mdaganaar@jccc.edu

Library staff can also provide additional information about copyright law.

24. How may claims of Web copyright infringement be reported to JCCC? [top]

If the Web address of the alleged infringing page is in the jccc.edu or jccc.net domain, send claims of Web copyright infringement to the college's designated agent. Claims may be sent in writing through email, fax or the U.S. Post Office. Claims must contain the information listed below:

  • A physical or electronic signature of the owner or a person who is authorized to act on behalf of the owner of the infringed property
  • A description or identification of the copyrighted work(s) claimed to have been infringed, such as the complete Web address
  • A description or identification of the material(s) that is claimed to infringe the copyrighted work, such as the complete Web address
  • An address, telephone number or email address at which the college can contact the complaining party
  • A statement that the complaining party has a good faith belief that use of the material has not been authorized by the copyright owner, its agent or the law
  • A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner

If such information does not accompany a claim of infringement, JCCC will contact the complaining party to obtain the required information.

If the claim is in order, JCCC will promptly remove or disable access to the allegedly infringing material and will notify the person responsible for its posting that the allegedly infringing material has been removed.

The individual posting the allegedly infringing material may submit a counter notice to JCCC's designated copyright agent, claiming that the material does not infringe copyrights.  If the counter notice is proper, JCCC will then promptly notify the complaining party of the individual's objection. A proper counter-notice must contain the following information:

  • The subscriber's name, address, phone number and physical or electronic signature
  • Identification of the material and its location before removal
  • A statement under penalty of perjury that the material was removed by mistake or misidentification
  • The subscriber must consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

If the copyright owner does not bring a lawsuit in district court within 14 days, JCCC will then restore the material to its location on its network.

25. Links to additional information on intellectual property. [top]

Additional information on copyright law can be found online from the U.S. Copyright Office. http://www.copyright.gov

Information on copyright has been compiled by the American Library Association http://www.ala.org/ala/issuesadvocacy/copyright/index.cfm; the Association of American University Presses http://www.aaupnet.org; the Copyright Clearance Center http://www.copyright.com; the National Association of College Stores http://nacs.organd the Software and Information Industry Association http://siia.net.

A helpful print guide on copyright, The Questions and Answers on Copyright for the Campus Community, is sponsored, copyrighted and is published by the National Association of College Stores, the Association of American Publishers, and the Software & Information Industry Association, and has been endorsed by the Association of American University Presses and the Copyright Clearance Center.  Copies of this guide are available on the JCCC campus from the Educational Technology Center, the Billington Library and the Bookstore.

Additional information on trademarks and patents can be found online from the United States Patent and Trademark Office www.uspto.gov