The Office of eLearning offers resources from the following locations with regard to copyright policy at the University of Dayton. The Office of eLearning does not interpret copyright law. Staff in the Office of eLearning follows the rules as stipulated by the Office of Legal Affairs below. Staff in the Office of eLearning will not facilitate the uploading of copyrighted content into Warpwire or Isidore, but can provide instructions to faculty on how they may do so themselves.
The Office of Legal Affairs
The Office of Legal Affairs at the University of Dayton states the following with regard to copyrighted materials: Unauthorized access, reproduction or use of the resources of others is prohibited. The Policy on Fair, Responsible and Acceptable Use of Electronic Resources states that people at the University of Dayton may not "make illegal unauthorized copies of copyrighted materials. Copying or downloading materials without the authorization of the copyright owner or other legal privilege is against the law, and may result in civil and/or criminal penalties, including fines and imprisonment."
Libraries Research Guides
According to the library's guide on Copyright and Fair Use, "original content is copyrighted at the instant it becomes fixed in a tangible medium. Creators no longer have to register a copyright to receive protection against unlawful use - it is automatic."
The library also explains the doctrine of Fair Use:
"The doctrine of Fair Use, however, limits the exclusive rights of the copyright owner and makes reasonable public access to copyrighted works available for limited purposes. Determining what constitutes Fair Use in a specific situation can be difficult. Section 107 of the copyright law (Title 17, U.S. Code) specifies four factors that are balanced together when determining whether a use is Fair or not:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work"
Warpwire is the University of Dayton's secure media storage product that is integrated with Isidore. With regard to copyright, Warpwire says the following in their terms of service agreement: "You represent and warrant that the upload and publishing on the Application of any content uploaded to the Application by you does not and will not infringe or violate the right of any third party, including without limitation any copyrights of third parties."
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