SCC Copyright Office

Copyright Resources

Campus Guide to Copyright Compliance (from Copyright Clearance Center)

Copyright Exceptions for Education
Digital Millennium Copyright Act
(PDF)
 

SCC Copyright Officer

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, Spartanburg Community College has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Spartanburg Community College site, please notify our designated agent, preferably by email, at:

Mark Roseveare
Dean of Learning Resources
107 Community College Drive
Spartanburg, SC 29303
rosevearem@sccsc.edu
(864) 592-4763

DMCA Compliance Policy

It is the policy of Spartanburg Community College to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA").

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, the complainant must:

(1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
(2) Describe the material that is claimed to be infringing and provide sufficient information to permit Spartanburg Community College to locate that material.
(3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
(4) Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
(5) Certify that the information that you have provided Spartanburg Community College is accurate. The complainant should attest under penalty of perjury that s/he is authorized to enforce the copyrights that have allegedly have been infringed.
(6) Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.

Before the complainants allege an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at http://www.copyright.gov/laws/, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

Notice, Takedown, and Putback Procedure

Spartanburg Community College expects all users of its system to comply with applicable copyright laws. However, if Spartanburg Community College is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. Spartanburg Community College will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, "putback" of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf.

Repeat Infringers

Where it has been clearly established that a Spartanburg Community College user is a repeat offender, Spartanburg Community College may terminate that person's account and pursue other disciplinary action.

Guidelines for Copyright Compliance

A. Statement of Corporate Values
We at Spartanburg Community College recognize and respect intellectual property rights. As part of our mission to maintain the highest standards for ethical conduct, we are committed to fulfilling our moral and legal obligations with respect to our use of copyright-protected works.

B. Sources of U.S. Copyright Law
Article I of the U.S. Constitution authorizes Congress to pass legislation "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." On the basis of the Constitution, Congress has enacted the Copyright Act found at Title 17 of the U.S. Code.

C. Statement of Corporate Obligations Regarding Copyright
As a matter both of moral integrity and of adherence to U.S. copyright law, Spartanburg Community College sets forth these policies for all employees to demonstrate our respect for intellectual property and compliance with the law:
1. No employee of Spartanburg Community College may reproduce any copyrighted work in print, video or electronic form in violation of the law, and the easiest way to ensure no violation is by receiving express written permission of the copyright holder. Works are protected by copyright laws in the U.S. even if they are not registered with the U.S. Copyright Office and even if they do not carry the copyright symbol ( ).
 
Copyrighted works include, but are not limited to, printed articles from publications, TV and radio programs, videotapes, music performances, photographs, training materials, manuals, documentation, software programs, databases and World Wide Web pages. In general, the laws that apply to printed materials are also applicable to visual and electronic media. Examples include diskettes, CD-ROMs and World Wide Web pages.
 
2. For all copyrighted works, Spartanburg Community College directs its employees to request its copyright officer to obtain permission from the Copyright Clearance Center or from copyright holders directly or their licensing representative, when the reproduction exceeds fair use.
 
3. Spartanburg Community College designates Mark Roseveare as the copyright officer to administer our college's copyright policy. Mark Roseveare at Spartanburg Community College can help you determine whether a work is covered by the CCC license and how to handle any special copyright issues. Questions concerning copyright procedures, including fair use, should be addressed to Mark Roseveare.

D. Outline of Compliance Procedures
To obtain permission to reproduce copyrighted material, the employee should contact the copyright officer who will request permissions online at www.copyright.com. Questions on specific procedures should be directed to the copyright officer named above.

E. Instructions for Handling an Incident of Copyright Infringement
Spartanburg Community College encourages its employees to educate their peers on copyright compliance. If any employee witnesses a potential copyright infringement, we encourage the employee to bring the matter to the attention of the individual as well as to our copyright officer named above. Employees who illegally duplicate copyrighted works may be subject to disciplinary action up to and including termination.

* Document courtesy of the Copyright Clearance Center
http://www.copyright.com

 

Copyright Permission Procedures

In an effort to comply with copyright laws and to protect Spartanburg Community College and yourself from copyright infringement and possible lawsuits, as copyright officer for the College, I would like to encourage you to seek copyright permission before reproducing and repeatedly using any copyrighted materials for educational use. For spontaneous limited use in an educational setting, which falls under fair-use protection, you do not need to get copyright clearance. The best time to request copyright permission is as you prepare for your course, such as at the time you order textbooks.

 

Below are simple steps to obtain copyright permission for copyrighted materials:

  • Look in the front or back of the book or the material s packaging for publisher s name and address and fax and phone numbers.

  • Download the Copyright Form off the SCC Copyright Office's site.

  • Fill out the top section of the Copyright Form.

  • Email the filled-in form to Mark Roseveare (rosevearem@sccsc.edu)

  • The Learning Resources Office will pursue getting clearance from the author/publisher or the Copyright Clearance Office.

  • When Learning Resources gets a response back, the completed form will be returned to you.

  • If the requested use is approved, print the completed copyright permission form.

  • Finally, attach a copy of the permission form to the copyrighted materials before sending to the copy center for duplication.

If you have questions concerning copyright issues, please contact Mark Roseveare at 592-4763 or email rosevearem@sccsc.edu.

 

By following these procedures, you will keep SCC's copyright policy enforced and protect yourself and the College from copyright infringement lawsuits

 

Guidelines For Classroom Copying of Books and Periodicals

The guidelines reprinted below are an adaptation of the actual copying guidelines agreed to by the Association of American Publishers and The Author's League of America with minor editorial changes.

The purpose of the following guidelines is to state the minimum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely, in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

 

I. Single Copying for Teachers

A single copy may be made of any of the following or any part thereof by or for any faculty or staff member at his or her individual request:
 
A. A chapter from a book;
B. An article from a periodical or newspaper;
C. A short story, short essay or short poem, whether or not from a collective work;
D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
 
 

II. Multiple Copies for Classroom Use:

Multiple copies (not to exceed in any event more than one copy per student in a course) may be made by or for the faculty giving the course for classroom use or discussion, provided that:
 
A. The copying meets the following tests of brevity and spontaneity as defined below; and,
B. Meets the cumulative effect test as defined below; and,
C. Each copy includes a notice of copyright

Definitions

Brevity
(i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.
 
(ii) Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.
 
[Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]
 
(iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
 
(iv) "Special" works: Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.
 
Spontaneity 
(i) The copying is at the instance and inspiration of the individual teacher, and
 
(ii) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
 
Cumulative Effect
(i) The copying of the material is for only one course in the school in which the copies are made.
 
(ii) Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
 
(iii) There shall not be more than nine instances of such multiple copying for one course during one class term.
[The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]
 

III. PROHIBITIONS AS TO I AND II ABOVE

 
Notwithstanding any of the above, the following shall be prohibited:
 
A. Copying may not be used to create or to replace or substitute for anthologies, compilations or collective works. A prohibited replacement or substitution occurs regardless of whether copies of various works or excerpts there from are accumulated or are reproduced and used separately.
 
B. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
 
C. Copying shall not:
 
1. substitute for the purchase of books, publisher's reprints or periodicals;
 
2. be directed by higher authority; or
 
3. be repeated with respect to the same item by the same teacher from term to term.

D. No charge may be made to the student beyond the actual cost of the photocopying.