Purpose
To ensure compliance with copyright law.

Scope
Any use of materials protected by copyright laws.

Definitions 
Fair Use Exemption Factors: 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 for or value of the copyrighted work.

Section 107: Limitations on exclusive rights: Fair use

Policy 
Green River College faculty, students and staff will be aware of and comply with all laws governing the use of copyrighted materials. This includes both the protection of copyright holders' rights, and also the full exercise in good faith of fair use and teaching exemptions as identified in sections 107 and 110 of US Code, title 17.

The director of the library is designated as the copyright officer. The copyright officer will exercise general oversight of copyright at the college, oversee copyright education and counsel individuals in applying copyright law.

Procedure 

Fair use exemptions are determined on a case-by-case application of the four factors outlined in section 107. Although many external entities have provided specific copyright “guidelines,” no such guidelines have been adopted by Congress or the courts. Each application of fair use must be examined individually. Green River will provide a central, online location where faculty and staff can log fair use decisions and rationale. A centralized, permanent file of written copyright authorizations, exemptions and waivers will also be established.

Specific Authority
U.S. Code, Title 17—Copyrights
Copyright Act of 1976
TEACH (Technology, Education and Copyright Harmonization) Act, 2001 

Law Implemented

History of Policy or Procedure
Draft: September 10, 2012
Adopted: January 10, 2013
Revised:
Reviewed by: Vickie Sheehan, Executive Director of College Relations
Contact: Jennifer Dysart, Library Director
President's Staff Sponsor: Derek R. Brandes, Vice President of Instruction