Board Policy 40.02 - COPYRIGHT

The board of trustees of Howard Community College is committed to protecting the intellectual property rights of all individuals. Intellectual property is protected by copyright law and includes, but is not limited to, written works, art works and musical works. This policy applies to all copyrighted, patented and trademarked materials.

In compliance with U.S. Copyright Law (Title 17, U.S. Code, Sect. 101, et seq.), employees are prohibited from copying copyrighted works unless the action is authorized by (a) specific exemptions in the copyright law, (b) the principle of fair use, (c) the fair-use guidelines, or (d) licenses or written permission from the copyright owner. Any other copying must be approved by the institution's Copyright Officer, appointed by the president, on a case-by-case basis. Persistent substantiated copyright infringement charges against an employee of the college which result from blatant disregard of U.S. copyright laws will result in disciplinary action up to and including discharge.

Employees are prohibited from performing copyrighted works unless the performance is authorized by (a) Title 17, U.S. Code, Sect. 110(1) (4) or (8), (b) performance licenses, (c) purchase order authorization, or (d) written permission from the copyright owner or the owner's agent.

Comprehensive copyright procedures and guidelines are available in the college library.

In compliance with U.S. Copyright Law (Title 17, U.S. Code, Sect. 101, et seq.), Howard Community College will appoint a Copyright Officer from within its ranks of professional staff. The director of the library will generally act in this capacity. The Copyright Officer will (a) implement copyright policy, (b) prepare and distribute Copyright Guidelines, (c) conduct training programs to assure that employees are aware of the copyright law, (d) answer questions about the copyright law, (e) maintain appropriate records of permissions, agreements, licenses, (f) place appropriate copyright warning notices on or near copying equipment, and (g) perform other related duties, as needed.

Employees who willfully disregard the institution's Copyright Policy, or the specific provisions of the Copyright Guidelines, do so at their own risk and assume all liability, including the possibility of dismissal for persistent copyright infringements.

Any questions of infringement of copyright will be referred to the Copyright Officer. If employee copyright infringement exists, the Copyright Officer will counsel the infringer. If this infringement persists, the appropriate vice president will be notified and will take steps to stop the illegal actions. Persistent substantiated copyright infringement charges against an employee of the college which result from blatant disregard of U.S. copyright laws will result in disciplinary action up to and including discharge