OCC Copyright policies
OCC Board of Trustee Policies
2.2.4 POLICY- Miscellaneous
D. Duplicating of Audio and Video Recording
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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.
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:
- Transmitted by television or other devices or processes;
- Copied, recast, transformed, or adapted, in whole or in part, for any purpose;
- Shown to an audience who has paid for admission; or
- Permitted to be used by any other institution or individual.
- 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.
- Title, author (editor, performer, composer, or director), edition;
- Description of exact section to be used;
- Type of reproduction and number of copies to be made;
- Use to be made of the material(s), include name of course(s);
- Distribution of copies;
- 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.
- 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:
- The performance takes place in a classroom or similar place devoted to instruction;
- The performance is part of a systematic course of instruction, and is not for entertainment,
recreation or cultural value;
- The performance is not transmitted by broadcast or cable television;
- The performance is part of the teaching activity of a non-profit educational instruction;
- Attendance at the performance is limited to the instructor and members of a particular
- The videotape is lawfully made.
- 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
- Off-Air Recording
- Off-air recording of any television or radio broadcast (except pay television), by
a media service unit of the College is permitted provided that:
- 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;
- 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;
- 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;
- 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.
- Unless authorized in writing by the owner of the copyright in any television or radio
- Programs may not be regularly recorded in anticipation of instructor requests by any
media services unit of the College.
- 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.
- Off-air recordings made by faculty at home for classroom use must follow the above
use procedures. Two changes to the procedures follow:
- The recorded program is the property of the faculty member.
- The faculty member is responsible for erasure at end of the forty-five day retention
- 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:
- 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;
- For teleconferences, rights to tape from satellite transmissions, and to retain a
permanent copy for institutional use via campus libraries;
- 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,
- 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,
- This privilege applies to research libraries affiliated with archives and open to
the public for research.
- Limited to programs no longer available on the open market from regular distributors.
- The library must be able to prove it performed research to locate a new copy at a
- The library must own the copy it wants to reproduce for archival copying.
- 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.
- 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:
- 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
- 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.
- 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.
- 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:
- Use is limited to students enrolled in the College foreign language classes. One copy
of a lesson is made for the requesting student.
- There is no charge for the tape content.
- The use terms and period of use is dictated by the permission letter.
- 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:
- 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.
- A single transparency from a single page of a "consumable" workbook can be made for
- Reproducing selected slides from a series is allowed if reproduction does not exceed
10 percent of total nor excerpting "the essence" of the production.
- Donated Audio and Video Materials
The College does accept donated audio and video materials.
- Materials accepted must be legally produced with the copyright visible. Unauthorized
copies will not be accepted.
- Original non-copyrighted, privately produced materials will be accepted when a letter
of release accompanies the material.
- 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
OCC Board Policy 3.7.5 - Patents and Copyrights
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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
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)
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
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
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
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
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.