NMC Copyright Guidelines

• What is Copyright?
• Basic Rules to Follow
• Why is it Important to NMC and You?
• What are the NMC Guidelines and Resources
  

What is Copyright?
A copyright is a right of ownership granted by Congress as stated in the United States Constitution, Article 1, Section 8, Clause 8:

"Congress shall have [the] power... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

The Copyright law was established to regulate the ownership and use of copyright protected works by balancing the rights of the owners of copyrights, an intangible property, and those using copies or reproductions, which are normally tangible property, of copyright protected works. The law protects ideas AFTER they are expressed in a fixed, tangible form. Copyright gives the author/inventor the exclusive right to reproduce and sell his/her works. This means the copyright owner controls the right to make copies.

Materials may be copyrighted without any notification of being so! Rights begin at the moment of the creation of the material/ite; no copyright notice or registration is required.

Owning a copy of an item also doesn't mean that you own the copyright. You only bought the right to use it, and that right is limited by the owner's rights! 

Basic Rules to Follow
Linda K. Enghagen, J.D., Associate Professor, University of Massachusetts at Amherst developed the following very useful "rules" to help guide our decisions.

1. If you own the copyright, do whatever you want.
   
2. If the materals are not protected by copyright law, do whatever you want. However, materials may be copyrighted even if there is no indication of it.
   
   How can you tell if materials are not protected? Here are some examples of documents that generally fall into that category:
   
   • Blank forms used for collecting data but contain no data; facts, theories, scientific and mathematical principles and formulas
   • Statistical techniques
   • Works created by the federal government
   • Materials placed in public domain by the copyright owner
   • Materials with expired copyright
     
3. If you acquired or accessed the materials unlawfully, you can't use them.
   
4. OR, if you acquired or were given access to materials and you are aware that they were accessed illegally, you can't use them.
   
5. If you own a copy of the materials and not the copyright itself, or you accessed them lawfully, you may use them as long as:
   • It is used in a manner consistent with their intended purpose or with permission explicitly granted
   • The use falls under "Fair Use"
   • You obtain permission and pay any required royalties. Note that e-mail is normally accepted as evidence of permission.
     
6. There are expanded rights for the use of copyright protected works in distance learning. For more information, visit the Copyright for Distance Learning and the TEACH Act web page. 

Why is it Important to NMC and You?
As we use more technology, in particular digital technology, it becomes increasingly important to ensure that the owners of creative works are not being taken advantage of unfairly. As technology makes it easy to reproduce materials, it also makes it necessary for everyone at NMC to understand what they can and cannot reproduce, and in some cases even use, because of copyright limits. No one wants to be sued, or be the reason for NMC to be sued, for violation of the law! 

What are the NMC Guidelines and Resources?
Northwestern Michigan College Educational Media Technologies intends to adhere to the provisions of the copyright law (Title 17, United States Code) and will work to facilitate compliance of that law. However, we can't do it alone. It is important for all to understand and follow the copyright law and how it impacts educational use; in particular as set forth in the Fair Use Statute, software and other technology license agreements, and the TEACH Act (for online and other distance learning applications). This website provides several resources to help you better understand copyright, in particular, information about Fair Use and the TEACH Act. Contact the Educational Media Technologies Director, Jan Oliver, (231) 995-1076 if you have specific copyright questions.