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Copyright Information

UMD Policy on Fair Use of Copyrighted Works for Education and Research

Copyright law increasingly affects scholarly pursuits.
Members of the university community are creating new works that have copyright protection.
The routine conduct of research, teaching and service regularly touches the set of rights that the law grants to the copyright owners of a vast range of protected works.
The range of protected works encompasses text, images, software, video, Internet sites, and other media that instructors and researchers commonly deploy in furtherance of their academic objectives.
The set of rights belonging to the copyright owner of each of those works includes the right to make copies, to distribute copies, to make " derivative works, " and to perform or display the work publicly. Such uses of protected works are common in the university setting, but they will not be unlawful " infringements " if they are fair use. Some uses also will be allowed under highly specific exemptions in the copyright law, but those exemptions are not technically " fair use " .

The central purpose of this policy is to assist members of the UMD community with the use of copyrighted materials in furtherance of the institution's education, research and service mission and in accordance with a good-faith understanding of the principles of copyright and fair use
The intended effects of this policy are multifold. The University community should be able to meet teaching, research and service needs without infringing on the rights of copyright owners and they should be able to make informed and responsible fair use decisions.
While the policy calls on individuals to learn about copyright and to reach informed conclusions, one purpose of the policy is to motivate decisions that allow faculty and others to keep their focus on serving the university mission.

In the Spring of 1999 the UMD Library Copyright Advisory Team submitted to Director Bill Sozansky a list of copyright-related questions and issues for consideration at the Campus level.
In October of that year, the list was presented to the EPC Subcommittee on Information Technology and the Library. On the recommendation of SITL, an ad hoc campus-wide committee was formed to write a copyright policy for the Campus.
This team was comprised of representatives from the faculty, Library staff, Copyright Permissions Office staff, and staff from Information Technology Systems and Services.

This policy explicitly applies to all faculty, librarians, and staff of UMD.
While the policy does not address the activities of students who are not also employed by the university, the advice and guidance about fair use will be available to students as well. Students employed by the University are considered University staff for the purpose of this policy if the work they do within the scope of their employment results in an infringement allegation.
While the university does not offer indemnification for students and is not legally responsible for the independent fair-use activities of students in pursuit of their study or projects, the university does expect its students to act responsibly and ethically, in a manner consistent with this policy.

First and foremost, the underlying philosophy of this policy is that you will learn about copyright and help yourself reach responsible decisions. The Campus Copyright Group will make information available about copyright on its web site: http://www.d.umn.edu/lib/copyright/
E-mail questions to: libcopyright@d.umn.edu

Copyright and fair use is an area of the law that changes with court rulings.
Details about fair use in the policy itself would tend to freeze the doctrine of fair use at a time when it is in continuous transition. Thus, the policy remains flexible to reflect changing needs and the dynamic nature of copyright law.
The policy also remains flexible to address the growing innovations of our teaching, research and service mission.

Fair use is not determined by " policy " that purports to quantify the boundaries of fair use.
Fair use must be determined according to the circumstances of each situation.

This policy makes no change in the designation of authority within the university.
The primary responsibility for decisions about fair use belongs to the individual with authority to oversee the relevant project or activity.
That responsibility is subject to customary review by and oversight from supervisors or senior officials at the university.
Thus, if you are responsible for the activity or project, you are responsible for learning about the applicable fair use and reaching the appropriate conclusion.

For assistance with understanding or applying this policy, offices at UMD that you may contact include:

If faculty, librarians, and staff act in good faith and consistent with their university duties, the Copyright Policy protects them in the event of an infringement allegation.
This policy brings to all UMD employees the protection currently provided faculty in the UEA contract.
Good faith increases the likelihood that activities are in fact fair use.
Ultimately, good faith is best manifested through knowledge of, and reasonable application of, fair use.

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