Northeastern State University recognizes and adheres to federal copyright law and guidelines. Copyright law applies to the use, performance, and display of copyrighted works. All members of the university community—faculty, staff, and students—are expected to obtain permission from copyright owners for uses protected by copyright law.
The Constitution of the United States endows Congress with the power 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.”
The Copyright Act of 1976 provides “authors [and creators] of original works protection for their intellectual property in any work exhibiting minimal creativity and fixed in a tangible mode of expression.” One no longer needs to apply for a copyright in order to have her/his/their work protected under the law. Copyright protections cover published or unpublished intellectual property in all formats and media by authors, artists, composers, and creators.
The unauthorized use of a copyrighted work is copyright infringement and violators may be subject to civil and criminal penalties under federal law. Fines range from $30,000 - $150,000 depending on the nature and extent of the infringement.
NSU Libraries Copyright Policy prohibits the following:
The general rule is that copyrighted work may not be appropriated by others through duplication or dissemination without the creator’s permission. There are exceptions to copyright restrictions that apply to academic institutions. These exceptions fall under the Fair Use Doctrine in the law.
NSU Libraries support the use of copyrighted work that falls under the Fair Use Doctrine, which is codified in Section 107 of the Copyright Act. This statute establishes that the use of a copyrighted work “for purposes such as criticism, comment…teaching, scholarship, or research” is fair use. Note however, that this use is not limitless.
For the use of copyrighted work to qualify as fair use under the statute, the following factors must be considered:
Please note:
NSU Libraries support the right to use copyrighted materials outlined in the exemptions for fair use in face-to-face teaching, online teaching, research, and library circulation of materials. The library is committed to educating its community of users on the legal and ethical uses of copyrighted work.
NSU Libraries support the viewing/showing of films for educational purposes. The viewing or showing of films outside of personal use is governed by United States Copyright Law. All faculty, staff, and students are required to meet the conditions stipulated in the Fair Use Doctrine when using film. This policy applies to both physical media such as CDs and DVDs, and electronic media such as any video streaming service or source.
The unauthorized use of a copyrighted work is copyright infringement and violators may be subject to civil and criminal penalties under federal law. Fines range from $30,000 - $150,000 depending on the nature and extent of the infringement.
If a use of film does not meet all of the requirements above, it is not protected or lawful under the Fair Use exemption. Faculty, staff, or students who show films not meeting these conditions must obtain copyright permission.
NSU Libraries’ Reserves Service provides students with access to supplementary materials designated by the faculty to assist in meeting their course objectives. The goal of the department is to provide equal access to all students for high-use and on-demand materials. These materials have a shorter loan period than regular library items.
“While library faculty/staff are available to provide guidance in the use of copyrighted materials in relation to Northeastern State University Libraries’ services, we do not provide legal advice or serve as a substitute for consultation with competent legal counsel on matters regarding compliance with copyright law.”
It is the policy of the Northeastern State University Libraries to follow the provisions of the copyright law. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship. One of the rights given to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies. This right is subject to certain limitation, such as “fair use.” The limitations and exceptions do not require permission from the copyright owner, but all other uses require permission.
