Policy 7-013: Copyright Policy: Copying of Copyrighted Works

1. General Principles--- Exclusive Rights, and Permissible Uses of Copyrighted Materials in Furtherance of the University's Academic Missions
2. Copying for Personal Use
3. Copying for Academic Use
4. Digital Content and Transmission for Teaching
5. Copying by University Libraries
6. Prohibitions
7. Notices and Warnings to Prevent Copyright Infringement
8. Responsibilities for Notices and Enforcement

Purpose and Scope‌

1. Purpose

   To declare the University’s policy regarding compliance with U.S. Copyright Law.

2. Scope

   This policy applies to all University personnel (including faculty, staff, and other employees), all students, and all academic and administrative units of the University.

Definitions‌

The following definitions apply for the limited purposes of this policy and any associated regulations. Terms used in this policy that also are used within Title 17, United States Code (see 17 U.S.C., Section 101), are intended to have the same meaning for purposes of this policy as they have within that Code.

1. "Academic Use" means a use that relates to or is consistent with the mission of the University.

2. "Audiovisual Works" mean works that consist of a series of related images that are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

3. "Copy or Copies" means material objects, other than Phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.  "Copy or Copies" includes the material object, other than a Phonorecord, in which the work is first fixed.

4. "Copyright Owner" means, with respect to any one of the exclusive rights comprised in a copyright, the owner of that particular right.

5. "Fair Use" means a reasonable noninfringing use, including reproduction, of copyrighted material for such purposes as criticism, comment, news reporting, teaching, scholarship or research, as determined from consideration of all relevant circumstances, including:

   1. the purpose or character of the use, e.g., for commercial purposes or for nonprofit educational purposes;

   2. the nature of the copyrighted work,

   3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

   4. the effect of the use upon the potential market for or value of the copyrighted work.

6. "Literary works" means works, other than Audiovisual Works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, Phonorecords, film, tapes, discs, or cards, in which they are embodied.

7. "Phonorecords" means material objects in which sounds, other than those accompanying a motion picture or other Audiovisual Work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. "Phonorecords" includes the material object in which the sounds are first fixed.

8. "Publication" means the distribution of Copies or Phonorecords of a Work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes Publication. A public performance or display of a Work does not of itself constitute Publication.

9. "University" means unless the context otherwise requires, the University of Utah institution and its officers and employees acting in the scope of their office or employment.

10. "Work" means a Work of authorship that is capable of copyright protection, including Literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, motion picture, Audiovisual, and sound recording Works.

Policy‌

1. General Principles--- Exclusive Rights, and Permissible Uses of Copyrighted Materials in Furtherance of the University's Academic Missions‌

   1. University faculty and staff members and other personnel are expected to recognize and observe the exclusive rights of Copyright Owners.

   2. This policy shall be construed liberally to carry out the dual purposes for which specific limitations upon these exclusive rights were written into the law:

      1. to promote and facilitate Academic Uses of copyrighted materials, and

      2. to reduce incidences of copyright infringement.

   3. Under federal law (17 U.S.C. Section 106), the Copyright Owner has the exclusive rights to do and to authorize any of the following:

      1. to reproduce the copyrighted Work in Copies or Phonorecords;

      2. to prepare derivative Works based upon the copyrighted Work;

      3. to distribute Copies or Phonorecords of the copyrighted Work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

      4. in the case of Literary, musical, dramatic, and choreographic Works, pantomimes, and pictorial, graphic, or sculptural Works, including the individual images of a motion picture or other Audiovisual Work, to perform or display the copyrighted Work publicly.

2. Copying for Personal Use‌

   1. The making of a single reproduction or phonorecording of copyrighted matter, including Works contained in the collections of the University libraries or archives or obtained by interlibrary loan, is permitted if:

      1. the University reasonably believes that the reproduction is made without any purpose of direct or indirect commercial advantage;

      2. the Copy or Phonorecord will become the property of the user;

      3. the University has no notice that the Copy or Phonorecord will be used for any purpose other than private study, scholarship, or research; and

      4. such reproduction or phonorecording, and the intended use to be made of it, constitute Fair Use.

3. Copying for Academic Use‌

   1. The reproduction or phonorecording of copyrighted Works for Academic Usee, such as criticism, comment, teaching, scholarship, or research, is permitted, if Fair Use standards for permissible copying are observed. The factors to determine and document whether a use is fair include:

      1. purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      2. nature of the copyrighted Work;

      3. amount and substantiality of the portion used in relation to the copyrighted Work as a whole; and

      4. effect of the use upon the potential market for or value of the copyrighted Work.

4. Digital Content and Transmission for Teaching‌

   1. Digital content that includes any copyrighted Work may be digitally transmitted (shared) among course instructors and students enrolled in a particular course offered by the University, under the following conditions:

      1. the use of the copyright Work constitutes a Fair Use;

      2. access to the digital content is limited only to those students enrolled in the course for which the content has been obtained and only during the semester or other pertinent time period the course is offered; and

      3. access to the digital content is controlled by password protection or an equivalent security measure.

5. Copying by University Libraries‌

   1. General reserve desks may circulate single reproduction Copies of library- owned copyrighted materials, provided that in the preparation of such circulating Copies, library personnel do not exceed the standards for permissible copying under the law of Fair Use.

   2. With respect to interlibrary loans, university libraries as borrowing libraries shall keep and retain records of filled loan requests for three full years following the end of the calendar year in which the requests were made.

   3. On a yearly basis, the library shall evaluate interlibrary loan requests based on requirements described in the Copyright Act of 1976 as Amended, 17 U.S.C. Section 108 to ensure that: 

      1. the library did not request and receive more than a reasonable number of articles from any copyrighted periodical title published; and

      2. the library did not request and receive more than a reasonable number of Copies of or from any given copyrighted Work during the entire period such material was protected by copyright.

   4. University libraries shall refuse to fill an interlibrary loan request where prior contractual obligations prohibit copying of such copyrighted material. 

   5. For the purpose of preserving and maintaining library collections, University libraries are permitted to make:

      1. facsimile reproductions of unpublished Works that are currently in the library-owned collection for purposes of preservation, security, or deposit in another library; and

      2. a Copy of published copyrighted Work to replace a Work that is damaged, deteriorating, lost or stolen, if:

         1. the library determines, after a reasonable effort, that an unused replacement cannot be obtained at a fair price; and

         2. the Copy includes a notice of copyright.

6. Prohibitions‌

   1. In addition to compliance with applicable limitations on uses of copyrighted materials, faculty and staff and other University personnel are expected to refrain from the following actions:

      1. Books and periodicals. Unless authorized in writing by the Copyright Owner of a book or periodical:

         1. Copying may not be used to create, replace, or substitute for anthologies, compilations, or collections of copyrighted Works.

            1. Replacement or substitution may occur whether Copies of various Works or excerpts are accumulated or are reproduced and used separately.

         2. Copyrighted Works intended to be "consumable" in the course of study or of teaching, such as workbooks, exercises, standardized tests, test booklets and answer sheets may not be copied.

         3. Copying may not:

            1. be used as a substitute for the purchase of books, publishers' reprints or periodicals; or

            2. repeated with respect to the same item by the same course instructor in successive semesters or sessions without Fair Use documentation.

         4. A student may not be charged more than the actual cost of reproduction for a single Copy of copyrighted materials.

      2. Educational uses of music. Unless authorized in writing by the Copyright Owner of any music:
         1. Copying may not be used to create, or replace or substitute for anthologies, compilations, or collective Works.
         2. Copyrighted Works intended to be "consumable" in the course of study or of teaching, such as workbooks, exercises, standardized tests and answer sheets may not be copied.
         3. Copying may not be used for the purpose of performance, except as permitted as a Fair Use.
         4. Copying may not be used as a substitute for the purchase of music, except as permitted as a Fair Use.
         5. Copying is not permitted without inclusion of the copyright notice which appears on the printed Copy of the music.
         6. Users should also refer to University Rule 4-002A regarding illegal file sharing.

            Educational uses of music. Unless authorized in writing by the Copyright Owner of any music:

      3. Off-air recording. Unless authorized in writing by the Copyright Owner, television programs may not be regularly recorded in anticipation of instructor requests by any media services unit of the University.

      4. Computer Programs (Software). Unless authorized in writing by the Copyright Owner, copying of computer programs may not be used as a substitute for purchase.

7. Notices and Warnings to Prevent Copyright Infringement‌

   1. A "Display Warning of Copyright" conforming to requirements specified by the Register of Copyrights shall be displayed prominently, in such a manner and location as to be clearly visible, legible, and comprehensible to a casual observer within the immediate vicinity of each place on the University campus at which orders are accepted for the making of Copies or Phonorecords of copyrighted materials.

   2. An "Order Warning of Copyright" conforming to requirements specified by the Register of Copyrights shall be included on printed forms used by library patrons for ordering Copies or Phonorecords of copyrighted materials.

   3. All unsupervised reproducing equipment located in public areas on University premises shall display a notice that the making of a Copy of copyrighted materials may be subject to the copyright law. The notice is to be affixed on the equipment so that it is readily apparent to a person making a copy.

8. Responsibilities for Notices and Enforcement‌

   1. Posting notices and warnings: The cognizant vice presidents are responsible for assuring that required notices and warnings are properly posted or affixed as required under this policy.

   2. Enforcement of Minimum Compliance Standards

      1. Line management personnel are responsible for the development of operating practices to assure compliance with minimum standards for copying, under the direction of the cognizant vice presidents.

      2. Relevent university operating units, under the direction of the cognizant vice president, are responsible for complying with legal requirements relating to performances of copyrighted musical, Literary, and dramatic Works.

      3. Payment of royalties for copying or performance of copyrighted Works, where required in the course of University business, shall be charged to regularly budgeted departmental funds.

      4. In the event that a determination of copyright infringement by a court of competent jurisdiction results in the imposition of a final judgment imposing damages, costs, or other penalties upon the University, or upon any University officer or employee for acts or omissions in the scope of employment, any resulting loss to the University shall, except where otherwise required by law, be payable from funds budgeted for the use of the responsible operating unit if such loss was reasonably avoidable by compliance with this policy.

   3. Questions as to the interpretation of this policy, or as to other aspects of copyright law, should be addressed to the Office of General Counsel or J. Willard Marriott Library.

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      Sections IV-VII are for user information and are not subject to the approval of the Academic Senate or the Board of Trustees.  The Institutional Policy Committee, the Policy Owner, or the Policy Officer may update these sections at any time.

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Policies/ Rules, Procedures, Guidelines, Forms and other Related Resources‌

1. Policies/ Rules. [reserved]

2. Procedures, Guidelines, and Forms. [reserved]

3. Other Related Resources. [reserved]

References‌

1. Policy 7-002: Patents and Inventions

2. Rule 4-002A: Compliance with Illegal File Sharing Provisions

Contacts‌

The designated contact officials for this regulation are

1. Policy Owner(s) (primary contact person for questions and advice): University Librarian

2. Policy Officer(s): Senior Vice President for Academic Affairs and Senior Vice President for Health Sciences

   See Rule 1-001 for information about the roles and authority of policy owners and policy officers.

History‌

1. Current version. Revision 4

   1. Approved by Academic Senate  August 29, 2022 and Board of Trustees October 11, 2022 with Effective Date of October 11, 2022.

   2. Legislative History for Revision 4.

      1. Editorial Revisions [reserved]

2. Previous versions.

   1. Revision 3. Effective January 14, 2014.

   2. Revision 2. Effective January 16, 1978.

3. Renumbering

   1. Renumbered from Policy and Procedures Manual 6-5.