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Cornell University and Publishers announce new copyright guidelines governing use of digital course materials

Jointly written guidelines affirm that copyright law applies to electronic course content

Contact: Tommy Bruce
Phone: (607) 255-9929
twb22@cornell.edu

FOR RELEASE: September 19, 2006

ITHACA, N.Y. -- As part of ongoing discussions over the manner in which Cornell University provides copyrighted course content to students in digital formats, the Association of American Publishers (AAP) and Cornell recently announced a new set of copyright guidelines to govern the use of electronic course materials on the library's electronic course reserves system, on faculty and departmental web pages, and through the various "course management" web sites used at Cornell. The guidelines affirm that the use of such content is governed by the same legal principles that apply to printed materials.

The guidelines, which were jointly drafted by Cornell and AAP, make it clear that faculty must obtain permission to distribute such works to the same extent as permission is required with respect to reproductions and distributions of publishers' copyrighted works in hard-copy formats.

"Cornell and AAP concur that instructional use of content requiring the copyright owner's permission when used in a printed coursepack likewise requires permission when used in an electronic format," said John Siliciano, vice provost of Cornell.

"The Publishers and the authors they represent are gratified that Cornell has responded positively to their concerns and has taken a leadership role on this issue in the academic community," said Pat Schroeder, former congresswoman and head of AAP. "With more and more content now available in digital form, it is important to clarify the copyright responsibilities that accompany use of that content - and to be sure that colleges and universities are enforcing the rules they adopt."

Schroeder continued, "AAP hopes that Cornell's actions will set an example for other colleges and universities and provide them an opportunity to review their own practices and institute similar guidelines."

Discussions are ongoing between AAP and Cornell concerning additional approaches that may be appropriate to encourage compliance with copyright law so that instructors' postings of electronic course content conform with legal requirements.

A copy of Cornell's revised electronic course content copyright compliance guidelines is attached, below.

Cornell Electronic Course Content Copyright Guidelines

  • The copyright law of the United States (Title 17 of the United States Code) governs the making of photocopies or other reproductions of copyrighted material. The making of an electronic copy of a copyrighted work by any means (e.g., scanning, digitizing, ripping, etc.) constitutes reproduction that is governed by copyright law. Cornell expects all members of the university community to respect copyright. Copyright infringement is a violation of university policy and can result in the imposition of discipline under the Campus Code of Conduct and the Code of Academic Integrity as well as human resource policies.
  • The copyright principles that apply to instructional use of copyrighted works in electronic environments are the same as those that apply to such use in paper environments. Any use of copyrighted electronic course content that would require permission from the copyright owner if the materials were part of a printed coursepack likewise requires the copyright owner's permission when made available in electronic format.
  • Fair use is a longstanding doctrine, embodied in Section 107 of the Copyright Act, which recognizes the importance of accessing, using, and building upon copyrighted works in the context of teaching, research, and scholarship. The law establishes a zone of "fair use" protection for copying or disseminating copyrighted works without obtaining permission from the copyright owner under certain circumstances. The copyright statute provides a framework for deciding whether a particular use is a "fair use." The "fair use" analysis, whether in the paper or electronic environment, includes the following factors:
    • • the purpose and character of the use;
    • the nature of the copyrighted work;
    • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    • the effect of the use upon the potential market for or value of the copyrighted work.
  • Permission may be required for the use of copyrighted material as electronic course content even when such material is:
    • • available elsewhere on the internet;
    • being used in a course for the first time; or
    • characterized for purposes of course use as optional, supplemental, or ancillary reading material, rather than as required, assigned, or recommended reading material.
  • No one should post course content consisting of copyrighted works or portions of such works in electronic form without first either:
    • • obtaining the permission of the copyright owner or
    • concluding after reasonable inquiry, with the benefit of resources made available by the university for these purposes, that the use qualifies as a fair use or other exempt or licensed use for which permission is not required.
  • To the extent technologically feasible, instructors should use passwords, ID numbers, or other appropriate means to limit access to copyrighted electronic course content to students enrolled in the course or other individuals requiring access to the course materials for purposes of conducting the course. The availability of such content to students should terminate when the students have completed the course. CIT provides support for implementing these features in Blackboard.
  • It is preferable to link to materials already legally available at another site rather than scanning or making a digital copy.
  • Copies of copyrighted works, regardless of their format, should include proper attribution and copyright notices.
  • Instructors should not direct or encourage students to print unauthorized copies of course content. Students seeking information about how to make or acquire personal copies for purposes of private study, scholarship, or research should be directed to consult available resources. The University makes information on copyright available at http://www.copyright.cornell.edu.
  • Questions regarding these guidelines may be directed to Pat McClary in the Office of University Counsel (pam4@cornell.edu) (5-5126).

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