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Copyright Information for Faculty

Higher Education Opporunity Act (HEOA)

The Higher Education Opportunity Act (HEOA) is a law that imposes three general requirements on all U.S. colleges and universities:

  • An annual disclosure to students describing copyright law and campus policies related to violating copyright law.

  • A plan to "effectively combat the unauthorized distribution of copyrighted materials" by users of its network, including "the use of one or more technology-based deterrents".

  • plan to "offer alternatives to illegal downloading".  See Legal Sources of Online Content.

Carteret Community College Policies & Procedures Manual

Fair Use

The Fair Use Doctrine provides for limited use of copyrighted materials for educational and research purposes without permission from the owners. It is not a blanket exemption. Instead, each proposed use must be analyzed under a four-part test:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.

Movies and Videos

The Copyright Act of 1976 governs the rights of reproduction, adaptation, distribution, and public performance and display. Public performances of a video/DVD in the face-to-face classroom is an exception. The following conditions apply:

  • The teaching activities are conducted by a non-profit education institution
  • The performance is in connection with face-to-face teaching activities.
  • The performance takes place in a classroom or similar place devoted to instruction.
  • The person responsible for the performance has no reason to believe that the videotape was unlawfully made.

TEACH Act

The Technology, Education and Copyright Harmonization Act, commonly known as the “TEACH Act,” was enacted by Congress in 2002. The TEACH Act redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education without permission from the copyright owner and without payment of royalties. In order to enjoy its advantages educational institutions will need to meet the law's rigorous requirements. Educators will not be able to comply by either accidental circumstances or well-meaning intention. Instead, the law calls on each educational institution to undertake numerous procedures and involve the active participation of many individuals.