Copyright Form & Policies

OCC Copyright Form

A Copyright Permission Form is available to faculty & staff on Infomart (the college intranet).  The Instructions and Form for requesting permission to use copyrighted materials is form OCC-95.  Staff login is required to access Infomart.

OCC Copyright policies


 OCC Board of Trustee Policies
2.2.4 POLICY- Miscellaneous
D. Duplicating of Audio and Video Recording
Full policy on Infomart, staff login required

Duplicating audio visual materials and fair use of copyrighted audio visual materials is a significant concern to employees and the College in terms of what constitutes reasonable use and conditions under which irresponsible use expose the user to liability.

The principles of the copyright law are designed to promote the creation, publication, and use of works of the copyright owners; to determine certain uses of their works (in not-for-profit as well as commercial contexts); and, to establish certain exceptions including the doctrine of "fair use." These precepts are in the mutual interest of the employees of the College, the College, author, and publisher communities, and of the public and will be followed without exception by College employees. Penalties and/or liabilities which accrue due to failure to follow the precepts as outlined on the procedures attendance to this policy will be born solely by the violator.

Approved: 11-11-91

  1. Prohibitions
    In compliance with applicable limitations on performance or display of copyrighted audio visual materials as provided by the copyright agreement, faculty and staff are asked to refrain from improper use of rented, leased or purchased audio visual materials.

    Unless the owner of the copyright or authorized agent of the copyright owner transfers the rights in a particular film or audio visual work to the College, films and audio visual works rented, leased or purchased for classroom showing may not be:
    1. Transmitted by television or other devices or processes;
    2. Copied, recast, transformed, or adapted, in whole or in part, for any purpose;
    3. Shown to an audience who has paid for admission; or
    4. Permitted to be used by any other institution or individual.
  2. Permission Letter
    When a proposed use of audio and video materials requires a College employee to request permission, communication of complete and accurate information to the copyright owner will facilitate the request. A stamped self-addressed return envelope should be sent with the letter of request.

    Location of the address for the copyright holder can be obtained through various reference sources. Consult a College Librarian or Audio Visual Technician for assistance in selecting the correct resources.
    1. Title, author (editor, performer, composer, or director), edition;
    2. Description of exact section to be used;
    3. Type of reproduction and number of copies to be made;
    4. Use to be made of the material(s), include name of course(s);
    5. Distribution of copies;
    6. Will the material be sold or will there be a charge for viewing;

      The request for permission process requires time. Allow yourself sufficient lead time when using this process. Sometimes a fee is assessed for this permission. Be sure to define your scope of permission when making a request. Do not ask for blanket permission to copy. The letter granting permission must accompany your Request to Duplicate form given to the Audio Visual Department.
  3. Classroom Use
    Two of the copyright owner's exclusive rights under the copyright law are rights of public performance and public display of the copyright work. The educators' performance rights appear in section 110 of 17 United States Code. That section authorizes almost all types of performances and displays in face-to-face teaching in non-profit education institutions. Faculty may use videotapes in teaching without obtaining permission of the copyright owner if the performance meets all of the following conditions:
    1. The performance takes place in a classroom or similar place devoted to instruction;
    2. The performance is part of a systematic course of instruction, and is not for entertainment, recreation or cultural value;
    3. The performance is not transmitted by broadcast or cable television;
    4. The performance is part of the teaching activity of a non-profit educational instruction; 
    5. Attendance at the performance is limited to the instructor and members of a particular class;
    6. The videotape is lawfully made.
  4. For Home-Use Only
    The For Home-use Only label appears on many recorded video programs and raises the question of whether such rented video programs can be used in the classroom. The question raised is whether a classrooms a public performance? This is still a gray area at this time. AIME (Association for Information Media and Equipment) and a review of other literature, at this time, indicate that video programs with this label can be used in a classroom setting if the procedures outlines above in "Classroom Use" are followed. The video program must meet an instructional goal and not be entertainment for students.
  5. Off-Air Recording
    1. Off-air recording of any television or radio broadcast (except pay television), by a media service unit of the College is permitted provided that:
      1. The recorded program is recorded no more than one time at the request of the same teacher, regardless of the number of times a program is broadcast;
      2. The recorded program is used once in the course of relevant teaching activities and is repeated once only when instructional reinforcement is necessary within ten days of the taping;
      3. Recorded programs are shown in classrooms and similar places devoted to instruction within a single building, cluster or campus, or in the homes of students receiving formalized home instruction;
      4. Recorded programs are used only during the first ten days of the forty-five day retention period. Subsequent use is for evaluation purposes only. Further use is with the copyright holder's permission only.
    2. Unless authorized in writing by the owner of the copyright in any television or radio program:
      1. Programs may not be regularly recorded in anticipation of instructor requests by any media services unit of the College. 
      2. The off-air recording need not be used in its entirety, but its content may not be altered, nor can it be physically or electronically combined or merged as part of a teaching anthology or compilation.
    3. Off-air recordings made by faculty at home for classroom use must follow the above use procedures. Two changes to the procedures follow:
      1. The recorded program is the property of the faculty member.
      2. The faculty member is responsible for erasure at end of the forty-five day retention period.
  6. Telecourses and Teleconferences
    Licenses for the use of externally produced telecourses and teleconferences will be obtained for the College by the office of Academic Services. Specific rights of duplication, distribution and rebroadcast of these programs are determined in the license agreements, but usually include:
    1. For telecourses, rights to broadcast on cable and regular TV channels, to produce copies for telecourse student use on campus and by checkout, and audio visual use in related classes;
    2. For teleconferences, rights to tape from satellite transmissions, and to retain a permanent copy for institutional use via campus libraries;
    3. For off-air or off-satellite recording of programs specifically licensed, rights to retain permanent copies for library circulation, for classroom use, and, often, rights to rebroadcast on non-commercial cable channels.

      The Office of Academic Services will maintain a file of telecourse and teleconference licenses. Faculty and staff may request licenses for telecourses and teleconferences through their Academic Deans, or by contacting Academic Services, District Office, directly.
  7. Archival Copying
    The right to copy an entire work is held solely by the owner of the copyright. If an archival copy is desired, the right to make such a copy should be obtained at the time of purchase or shortly thereafter before duplication can proceed.

    The limited right to make an archival copy of audio visual works without permission is given by the copyright law. Permission is given to research libraries only to make archival copies of motion pictures and other audio visual works if the copying is "solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen."
    1. This privilege applies to research libraries affiliated with archives and open to the public for research.
    2. Limited to programs no longer available on the open market from regular distributors. 
    3. The library must be able to prove it performed research to locate a new copy at a reasonable cost.
    4. The library must own the copy it wants to reproduce for archival copying.
    5. If the library copies or reproduces any recording which has a copyright notice on it, or if the library knows how the actual copyright notice would read if it were on the recording, the library must include the same copyright notice on the reproduction.
  8. Educational Use of Music
    To create a balance between the rights of creators and the pedagogical need of music educators Guidelines For Educational Uses of Music was developed. The following guidelines are helpful in determining when copying music is allowed for academic purposes:
      1. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
      2. A single copy of a sound recording (tape, disc or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institutional or individual teacher.
      3. A single copy may be made for preservation or replacement in the library or archive when copies are not available for purchase. The library or archive should be able to prove a search for replacement was done.
  9. Foreign Language Audiocassettes
    Audiocassettes are provided by the foreign language textbook publisher(s) as supplemental material. Permission to make student copies is obtained by the faculty from the copyright holder through the publisher(s). Present the Duplication Request Form and Permission Letter to the Audio Visual Technician when requesting this service. After preparation of the audiocassettes for duplication, the permission letter and the Duplication Request form are kept by the Campus copyright Officer. Verbal permission will not be honored. Use and limitations imposed by the permission letter restrict the life of such materials and will be honored.

    The following rules are observed for foreign language audiocassettes:
      1. Use is limited to students enrolled in the College foreign language classes. One copy of a lesson is made for the requesting student.
      2. There is no charge for the tape content.
      3. The use terms and period of use is dictated by the permission letter.
  10. Slides and Transparencies
    It is the responsibility of the requester to obtain authorization when permission is necessary before copying. The following information is offered as guidelines for using copyrighted material to create slides and transparencies:
    1. Slides and transparencies can be created from multiple sources as long as the creation does not exceed 10 percent of the photographs in one source (book, magazine, filmstrip, etc.) unless the source forbids photographic reproduction.
    2. A single transparency from a single page of a "consumable" workbook can be made for instruction.
    3. Reproducing selected slides from a series is allowed if reproduction does not exceed 10 percent of total nor excerpting "the essence" of the production.
  11. Donated Audio and Video Materials
    The College does accept donated audio and video materials.
    1. Materials accepted must be legally produced with the copyright visible. Unauthorized copies will not be accepted.
    2. Original non-copyrighted, privately produced materials will be accepted when a letter of release accompanies the material.
    3. In certain cases, donations of audio and videotapes which can be erased and reused will be accepted. Such erasure will take place in a timely manner upon receipt of the materials

OCC Board Policy 3.7.5 - Patents and Copyrights
Full policy on Infomart, staff login required

Any invention, discovery or writing resulting from work by a member of the staff or faculty of the College, conducted wholly independently of and bearing no relationship to the normal field of employment by the College, or any research or other project conducted by the College, shall be the property of such member of the staff or faculty without claim of the College to any rights thereunder or to any proceeds therefrom.

Any invention, discovery or writing resulting from work conducted by a member of the staff or faculty of the College in the normal field of employment by the College, or with the use of any of the facilities of the College, or relating to any research or other project conducted by the College for an outside sponsor shall be the property of the College, its assigns or other legal representatives. The College, its assigns or other legal representatives shall have the right to apply for and obtain and shall have complete ownership in any and all patents or copyrights, domestic or foreign, on any such invention, discovery or writing, shall have full control of the licensing, sale or grant of other rights thereunder. The members of the faculty or staff of the College who make or author any such invention, discovery or writing agree for themselves, their heirs or other legal representatives to cooperate fully with the College in perfecting and protecting the aforesaid ownership in the College of all rights to any such invention, discovery or writing and to any and all patents and copyrights obtained thereon, and including the execution of any and all papers, including applications for letters patent and copyright of any and all kinds and in any and all countries.

In the event that any member of the staff or faculty of the College should apply to the Vice Chancellor for Administrative Services for a release with respect to any invention, discovery or writing made or authored by such member, he/she shall determine if the College has any interest in such invention, discovery or writing and, if no such interest exists, may release all rights to such invention, discovery or writing to such member upon terms and conditions, if any, to be set by the Vice Chancellor for Administrative Services under the circumstances, after consulting with the Chancellor and patent council.

Faculty members who are granted a release by the College for Texts or other material for student use may not profit from the sale of such materials to students whom they teach. Any royalties received as a result of such activity must be rebated to the College. All other royalties may be kept by the employee.

In the event that any money royalties are received by the College from the licensing, sale or grant of other rights under any invention, discovery or writing or any patents or copyrights obtained thereon, except for monies received from an outside sponsor in payment for or in relation to a research or other project conducted by or for the College, a member or members of the staff or faculty who have contributed to such invention, discovery or writing shall be entitled to receive not less than fifty percent (50%) of the net proceeds of such money royalties received by the College. The term "net proceeds" as used in this statement of policy shall mean gross money proceeds less the cost of obtaining and protecting the right to such invention, discovery or writing and including, by way of illustration and not limitation, renewing, licensing, selling defending and enforcing any patents or copyrights obtained thereon.

The money royalties received and retained by the College from the licensing, sale or grant of other rights with respect to invention, discoveries and writings to which the College has title under this policy shall accrue to the benefit of the College, and the resulting fund shall be administered by the Vice Chancellor for Administrative Services in concurrence with the Chancellor and Board of Trustees of the College, in such a manner as to promote the growth and development of the College as a whole. College employees who develop patentable or copyrightable materials and assign them to the College will participate in any and all royalties and other revenues for each invention and/or copyright as prescribed below. Within sixty days after the end of the fiscal year, the College will provide a statement for each such invention or copyright for each employee/author/inventor, or his or her heirs or assignees showing the following schedule:

All direct costs associated with the procurement, publication and activities for developing agreements or contracts with outside agencies pertaining to that particular invention or patent shall be deducted from the income from that year, or, if that amount exceeds such income, carried over to be charged against subsequent income which might accrue.

After all direct costs for the year and existing carryover charges are deducted, all remaining income shall be distributed to employees as follows:

1. First 5,000 All to employee(s)
2. Above 5,000 50% to employee(s)

Approved: 09-20-73
Revised: 08-15-94


OCC Employee Handbook - Copyright Guidelines
Employee Handbook available on Infomart, staff login required

Reproduction of copyrighted material, without prior permission, particularly in educational institutions, is an issue of concern. Unfortunately, the impropriety of unauthorized copying is all too often overlooked. If ethical considerations are not enough motivation, practical considerations should be, because individuals and organizations are becoming more and more aggressive about protecting their interests. The cost, individually and/or institutionally, can be considerable--up to $100,000 per piece copied, if found guilty.

The purpose of copyright protection is identified in the U.S. Constitution (Article I, Section 8, Clause 8): "To promote the progress of science and useful arts." Those creative people who produce intellectual and artistic works deserve reasonable reward for their efforts; therefore, copyright legislation is intended to provide incentive and to protect the financial interests of those individuals.

For further, detailed information regarding copyright guidelines for Oakland Community College employees, please contact your campus copyright officer. The name and location of the campus copyright officer may be obtained from the office of the campus president.

Please refer to Board Policy, Division II, 2.2.4


2015-2017 OCCFA Master Agreement
See full OCCFA Master Agreement

24.7 INTELLECTUAL PROPERTY RIGHTS
Any invention, discovery or writing resulting from work by a member of the faculty of the College, conducted wholly independent of college resources, shall be the property of such member of the faculty without claim of the College to any rights thereunder or to any proceeds therefrom and shall be governed by Board Policy 3.75, Division III, as of September 1, 1999.

Any invention, discovery or writing resulting from work conducted by a member of the faculty of the College in the normal field of employment by the College, or with the use of any of the facilities and/or property of the College shall be the property of the College.

Any money royalties received by the College (“gross proceeds”) from the licensing, sale or grant of other rights under any invention, discovery or writing or any patents or copyrights obtained thereon resulting from work by a faculty member in the normal field of employment by the College, or with the use of any facilities and/or property of the College, shall be divided as follows:

A. All direct costs associated with the procurement, publication and activities for developing agreements or contracts with outside agencies pertaining to the particular invention, discovery or writing shall be deducted from the gross proceeds first. The term “net proceeds” shall mean gross proceeds less the cost of obtaining and protecting the right to such invention, discovery or writing (or any patents or copyrights obtained thereon).

B. The net proceeds as defined above shall be distributed as follows:

1. The first $10,000 shall be given to the faculty member,
2. Any amounts above $10,000 shall be distributed fifty percent (50%) to the faculty member and fifty percent (50%) to the College.

The parties agree to use good faith and best efforts to negotiate a substitute agreement on the subject of this section as soon as practicable. Should an agreement be reached, this section shall be replaced by a letter of agreement.


Technology Appropriate Use Regulations (TAUR) - Copyright Infringement
See full TAUR

Copyright Infringement
Almost all forms of original expression that are fixed in a tangible medium are subject to copyright protection, even if no formal copyright notice is attached. Written text (including e-mail messages and news posts), recorded sound, digital images, and computer software are some examples of works that can be copyrighted. Unless otherwise specified by contract, the employer generally holds the copyright for work done by an employee in the course of employment.

Copyright holders have many rights, including the right to reproduce, adapt, distribute, display and perform their work. Reproducing, displaying or distributing copyrighted material without permission infringes on the copyright holder's rights. However, "fair use" applies in some cases. If a small amount of the work is used in a non-commercial situation and does not economically impact the copyright holder, it may be considered fair use. For example, quoting some passages from a book in a report for a class assignment would be considered fair use. Linking to another web page from your web page is not usually considered infringement. However, copying some of the contents of another web page into yours or use of video clips without permission would likely be infringement. 

  • Software Piracy
    Unauthorized duplication, distribution or use of someone else's intellectual property, including computer software, constitutes copyright infringement and is illegal and subject to both civil and criminal penalties. The ease of this behavior online causes many computer users to forget the seriousness of the offense. As a result of the substantial amounts of money the software industry loses each year from software piracy, the software companies enforce their rights through courts and by lobbying for, and getting, stiffer criminal penalties. It is a felony to reproduce or distribute ten illegal copies of copyrighted software with a total value of $2,500 within a 180-day period. Penalties for a first time felony conviction of software piracy include a jail term of up to ten years and fines up to $250,000.
  • Sound Recording Piracy
    Another form of copyright infringement is the unauthorized duplication and distribution of sound recordings. Online piracy is increasing as many people use the Internet to illegally distribute digital audio files (e.g. MP3 format). The Recording Industry Association of America (RIAA) daily monitors the Internet and scans for sites that contain music. They have been successful in getting the sound recordings removed from those sites.

    Federal copyright law grants the copyright owner in a sound recording (typically, a record company) the exclusive right to reproduce, adapt, distribute, and in some cases, digitally transmit their sound recordings. Therefore, the following activities, if unauthorized by the copyright owner, may violate their rights under federal law:
  • Making a copy of all or a portion of a sound recording onto a computer hard drive, server or other hardware used in connection with a web site or other online forum. This includes converting a sound recording into a file format (such as a .wav or mp3 file) and saving it to a hard drive or server;
  • Transmitting a copy or otherwise permitting users to download sound recordings from a site or other forum; and/or
  • Digitally transmitting to users, at their request, a particular sound recording chosen by or on behalf of the recipient.

If you reproduce or offer full-length sound recordings for download without the authorization of the copyright owner, you are in violation of federal copyright law and could face civil as well as criminal penalties. Placing statements on your web site, such as "for demo purposes only," or that the sound files must be "deleted with 24 hours," does not prevent or extinguish this liability.

There are several entities you may need to contact before you can use recorded music online. First, you should understand that the copyright in a sound recording is distinct from the copyright in the recording's underlying musical composition. Thus, even if you have secured the necessary licenses for publicly performing musical compositions (from, for example, ASCAP, BMI and/or SESAC) or for making reproductions of musical compositions (from, for example, the Harry Fox Agency), these licenses only apply to the musical composition, not the sound recording. Licenses to use particular sound recordings must be secured from the sound recording copyright owners -- generally the record company that released the recording.

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