Copyright and Intellectual Property Policy

Copyright Law

Policies governing the making and displaying of copies of works, whether in paper or in electronic media, are based on the provisions of the Copyright Act of 1976 of the United States. For original works fixed in a tangible medium of expression, the law holds that the creator of the material, or the copyright holder to whom the copyright has been conveyed, has the exclusive right to authorize reproductions, derivative works, distribution, and public performance.
Note: Facts cannot be copyrighted, only their fixed expression in a tangible medium. If you are going to copy something from another website, read it, then write your own expression of the facts!

Fair Use

The Fair Use exemption from the exclusive rights detailed above states that "...such use by reproduction in copies...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is 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 or value of the copyrighted work.
Note: Making one copy for your own personal use is generally considered to be fair use under this portion of the law.

Posting Material on the Open Web

In order to protect the College from the risk of lawsuits due to copyright infringement, material posted on College, or College-affiliated websites must either have copyright permission, be in the public domain, or be a good case for fair use.

Note: While using copyrighted material in class presentations may fall under fair use, and putting recordings of those presentations on a course website would probably continue to hold this exemption, putting presentations up on YouTube or similar sites may require additional restraint. One power point slide from a published article would probably be fine, but more would require permission from the copyright owner.

Posting Material on Class Websites

Please see the Hampshire College Electronic Reserve Policy for information.

Who holds the copyright?

Please see the Hampshire College Intellectual Property Policy for information about copyright ownership.

Sources for Non-Copyrighted Material

One strategy for putting material on the open web would be to use non-copyrighted material. Here are some ideas:

• Some works are in the public domain (books with no copyright, books created without licenses, and books where the copyright expired).
• U.S. Government publications are not copyrighted.
• Source for Music with Creative Commons licenses specifically for use in videos.
• Sources for Images without copyright.

More information about Copyright

• Library of Congress Copyright Office Guide and FAQs. A great site; provides all you ever wanted to know about copyright!
• Harold F. Johnson Copyright Resource Guide

Consequences of Copyright Infringement

(Mandatory Notice in accordance with federal regulations §668.14(b)(30) and §668.43(a)(10).)

Infringement of another person's copyright is a violation of federal law. The legal ramifications of infringement include fines that range from $200 to $150,000 per infringement and/or prison.

Hampshire College faculty, staff and students are responsible for complying with copyright law and the college's copyright policy and for making a good faith determination of whether an intended use falls within the fair use exemption. Unauthorized file sharing which results in the illegal downloading or distribution of copyrighted materials using the college's information technology system is prohibited and will be subject to disciplinary action in accordance with college policies.