Monmouth University’s copyright policy is grounded in the institution’s mission of promoting creativity and intellectual development and the philosophy that copyright law seeks to achieve two interrelated goals: 1) to promote learning, and 2) to protect the rights of copyright holders. In order to promote the development and dispersal of knowledge and the arts, the U.S. Constitution grants a limited monopoly to authors and inventors.
These two goals exist in tension with one another: on the one hand, copyright grants finite property rights to copyright holders; on the other, it grants learning rights to others under what is called the "fair use" doctrine. While the U.S. Code grants the copyright holder an "exclusive right" to do such things as reproduce a copyrighted work, the Fair Use section makes that right conditional by granting limited rights to all others to make copies of a work under certain circumstances. The law provides rights to both the creators and the users of copyrighted material, and everyone has an obligation to uphold the law. Therefore, copyright users have an obligation to respect the rights of copyright holders, and holders have a duty to respect the rights of users. As an institution devoted to learning and the creation of knowledge, Monmouth University’s Copyright Policy respects the rights of both stakeholders.
This policy understands that the monopoly right extended to copyright holders includes the right to sell or distribute their works and that users of copyrighted material should not damage the available market for that work. At the same time, copyright law clearly encourages the "fair use" of copyrighted materials, especially for education and research. Thus the underlying premise of this policy, explained below, is that a copyrighted work can be used or copied for educational purposes, in many circumstances, provided that the use does not substantially undermine the copyright holder’s rights.
In sum, consistent with the institution's mission as a center for teaching and research, Monmouth University’s copyright policy recognizes the importance not only of respecting the rights of copyright holders, but simultaneously recognizing society’s need to use copyrighted materials to advance learning and discovery.
The generally cited original source of copyright law in the United States is the United States Constitution (specifically, Article I, Section 8, Clause 8), which permits Congress:
"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."
In addition to the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), other sources of copyright law include the Digital Millennium Copyright Act of 1998 (Pub. L. No. 105-304, 112 Stat. 2860); and the Technology, Education, and Copyright Harmonization Act of 2002 (Pub. L. No. 107-273, 116 Stat. 1910).
Section 110 of the Copyright Act allows performance or display of a work by instructors or students in the course of face-to-face teaching activities of a nonprofit educational institution such as Monmouth University. Such performance or display does not require the permission of the copyright owner. However, the copy of the work being performed or displayed must have been lawfully made.
There are several ways to pursue obtaining copyright permission. Permission may be obtained online through the Copyright Clearance Center (see Appendix C). You may also seek permission from the copyright owner (see Appendix D for a sample letter). If you have any questions or concerns about obtaining copyright permission, contact the Office of the General Counsel.
Faculty, students, and staff at the University may produce materials to which copyright protection applies. The specific agreements over copyright ownership are outlined in the Intellectual Property Policy for Monmouth University. This policy is also attached to the Agreement between Monmouth University and the Faculty Association of Monmouth University as a Letter of Understanding. Employees and students at Monmouth University who produce creative work, intellectual and/or scientific work should, whether these works are published or not, familiarize themselves with the Intellectual Property Policy.
NOTE: The Intellectual Property Policy for Monmouth University referenced above is currently being finalized by a working group representing FAMCO and the University Administration. Once that policy is finally approved, the above section shall be automatically included in this Copyright and Fair Use Policy but shall not be included until such time.
The University's Copyright Committee, appointed by the Provost/Vice President for Academic Affairs, consists of a cross-section of faculty, administrators, librarians, and a graduate student. The responsibilities of the Committee include but are not limited to the following:
Except as noted elsewhere in the law, the following copyright terms and meanings apply:
An anonymous work is a work on the copies or phonorecords of which no natural person is identified as author.
An architectural work is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.
Audiovisual works are works that consist of a series of related images which 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.
The best edition of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.
A collective work is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.
A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works.
A computer program is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
Copies are 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. The term "copies" includes the material object, other than a phonorecord, in which the work is first fixed.
Copyright owner, with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right.
A work is created when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".
A digital transmission is a transmission in whole or in part in a digital or other non-analog format.
To display a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.
The term financial gain includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.
A work is fixed in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
A joint work is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.
Literary works are 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, disks, or cards, in which they are embodied.
Motion pictures are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.
To perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
A performing rights society is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.
Phonorecords are 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. The term "phonorecords" includes the material object in which the sounds are first fixed.
Pictorial, graphic, and sculptural works include two-dimensional and three- dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
A pseudonymous work is a work on the copies or phonorecords of which the author is identified under a fictitious name.
Publication is 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.
To perform or display a work publicly means
Registration, for purposes of sections 205(c)(2), 405, 406, 410(d), 411, 412, and 506(e), means a registration of a claim in the original or the renewed and extended term of copyright.
Sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.
A transfer of copyright ownership is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.
A transmission program is a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit.
To transmit a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent.
For purposes of section 411, a work is a United States work only if
A useful article is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article."
A work of visual art is
A work of visual art does not include
A work of the United States Government is a work prepared by an officer or employee of the United States Government as part of that person's official duties.
A work made for hire is
Copyright Act of 197617 U.S.C. § 101 et seq.
Digital Millennium Copyright Act (DMCA)Pub. L. No. 105-304, 112 Stat. 2860
Fair Use Doctrine17 U.S.C. § 107
TEACH (Technology, Education, and Copyright Harmonization) ActPub. L. No. 107-273, 116 Stat. 1910
Colleges and Universities
In addition to the sites listed below, you can find information on copyright and other intellectual property issues by going to the homepage for a specific college or university and searching for "copyright" or "copyright policy." See, for example:
Brown University Copyright and Fair Use Policyhttp://www.brown.edu/Administration/Copyright
Catholic University Office of the General Counsel: Copyright Policyhttp://counsel.cua.edu/copyright/index.cfm
The University of North Carolina at Chapel Hillhttp://www.unc.edu/campus/policies/copyright.html
University of Texas System Office of the General Counsel -Copyright and Fair Use Crash Coursehttp://www.utsystem.edu/ogc/intellectualproperty/copyrighthome.htm
American Library Associationhttp://www.ala.org/copyright
Association of Research Librarieshttp://www.arl.org/copyright
Copyright Clearance Centerhttp://www.copyright.com
U.S. Copyright Officehttp://www.copyright.gov
(name)(address line1)(address line2)
Re: copyright permission
Dear Mr./Ms. (last name),
My name is (your name). I am a professor at Monmouth University, West Long Branch, New Jersey. I will be teaching (course name), a classroom/an online course, during the Spring/Fall 200x term. I have found materials produced by you/your company that are important to this course. I am seeking your permission to copy/post/link to (describe materials in detail) so that I may use the materials with my students.
(If the materials are to be used online, include the following paragraph. Otherwise, delete it.)The online system used by Monmouth University is password protected and will only be seen by the students in my class. The materials will be removed from the system (date/timeframe).
Please advise me if I may use the materials as described above. If additional information is required, please contact me at (phone number) or by e-mail at (e-mail address).