Policies updated

The following policies have been updated or added and recently approved:

October 2018 Policy Meeting

3.0 Copyright

– III Policy Statement

  • Opening paragraph, added computer software (installed and web-based) and audio for clarity
  • Deleted “including those related to the Digital Millennium Copyright Act” as this language is not needed.

– IX Definitions

  • Added “Creative Commons License: a public copyright license that allows the free distribution of a given work. http://subjectguides.grcc.edu/oerguide” to include language to support OER campus initiative.
  • “Off-Air Recording: programs broadcast over channels normally received free (e.g. with a normal antenna). This does not include programs only received by cable, internet or satelli” The word “taping” was replaced with “recording” and “internet” was added for clarity.
  • “Open Educational Resources (OER): any copyrightable work (traditionally excluding software which is described by other terms like “open source”) that is licensed in a manner that provides users with free and perpetual permission to engage in the use of such work. http://subjectguides.grcc.edu/oerguide” was added to support the campus OER initiative.
  • “Public Domain: works not protected by copyright” was shortened for clarity. “or works created by the federal state government” was deleted.
  • “Public Performance: performances open to the public or open to a group outside the normal circle or family of social acquaintance A film shown on campus and advertised to the public is a public performance and requires Public Performance Rights (PPR) licensing. Some recordings include PPR in the purchase or term license.” This statement was reworded for clarity.  “Performances” was added to the first sentence.  “Public Performance Rights (PPR)” was added to the second sentence.  “Recordings” replaced “videos and DVDs”, “PPR” replaced “public performance” and “or term license” was added.
  • TEACH Act: the Technology, Education, and Copyright Harmonization (TEACH) Act is a distance education update of copyright law. The TEACH Act exemption is one of several options faculty and students have when using copyrighted works in their course materia The TEACH Act states it is not copyright infringement for teachers and students at an accredited, nonprofit educational institution to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If transmission cannot meet these conditions, use of the material will have to qualify as a Fair Use or teachers must obtain permission from the copyright holder(s).  The word “The” and “Act states” was added to the third sentence.  “Fair Use” now has upper-case letters.  All instances of “Fair Use” have been corrected in the document.

– X Procedures

  • The entire “A” section “How to Verify Coverage under GRCC’s Annual Copyright License”… was deleted since the information is out of date, no longer valid, and updated procedures reside on the Library’s website.
  • “Instructors may photocopy copyrighted materials without express permission within the Fair Use guidelines in Section III-E. To photocopy materials where copying is not Fair Use under the guidelines in III-E, permission must be obtained from the copyright owner.  Consult a Librarian for assistance using the Copyright Clearance Center available from within the Library Subject Guide (see Section VII-C).”   “Fair Use” now has upper-case letters, “should” was replaced with “must” and “or use the procedure given in X-A above” was deleted because the procedure was out of date and removed from the document.
  • The entire Interlibrary Loan paragraph was deleted because the information is already on the library’s website and not needed for this policy.
  • The entire Library Reserves paragraph was deleted because the information is already on the library’s website and not needed for this policy.
  • Section C was renamed from “Audio/Visual” to “Media Content”
  • The first paragraph was re-written to “The Copyright Act protects producers and distributors of motion pictures, audio recordings, and other emerging media content. GRCC adheres to national g”  “DVDs and videotapes” and “The fair use provision in the Act resulted in a consensus among producers, distributers, educators, and lawyers concerning the recording, retention, and use of television programs by nonprofit educational institutions” is information/explanation not needed for this policy, and therefore deleted.
  • The entire section on Off-Air Recordings section was deleted because it is no longer practiced by Media Technologies.

– Rented or Purchased Media:

  • This paragraph was significantly reworded for clarity: “The Copyright Law makes a distinction between classroom use and public performance. Legally obtained short films, feature films, or other recordings may be used in the classroom for instructional purposes.  For materials purchased, licensed or rented with the caveat “home use only”, contact your library liaison or media professional for additional information.”  Sentences were cleaned up and “Teachers may use”, “Teachers may even use programs”, and “in face-to-face teaching activities, but may not use such programs as part of a public performance without licensing” was deleted.  “Contact your library liaison or media professional for additional information” was added.
  • The next paragraph was reworded for clarity and a significant amount was deleted. The paragraph now reads: “The use of college facilities or equipment to show media which was not legally obtained is forbidden.”  The remainder of the paragraph “Staff may not use c”, “they did”, “for classroom or public showings.   Videos rented from a local video store do not constitute legally obtained copies for public performance, but are permissible for classroom showings.  A videotape may be a compilation of several different videos, not including off-air recordings, or may contain a portion of another video; however, you may use it only two times within ten days, after which you must seek copyright permission to reuse the content.”  was all deleted due to it not making sense, doesn’t comply with laws that we’re aware of, and not needed for practice at GRCC.
  • This paragraph was re-written for clarity: “Instructors must rent media for specific classroom purposes. Personal paid streaming services (ex. Netflix, Amazon Prime, Vimeo, etc.) may not be used without permission.  If a film is to be open to more than just registered students, faculty, and professional staff, it falls under the rules for public performance.”    The word “classroom” and “Personal paid streaming services (ex. Netflix, Amazon Prime, Vimeo, etc.) may not be used without permission” was added to address new streaming services in this policy.  “which allows for advertising to the public and an audience other than a face-to-face teaching situation” was removed as it is not needed in this paragraph.
  • This paragraph was reworded to match the grammar/style of this document: “In an emergency, instructors may duplicate a video to replace a purchased copy that is lost or damaged. A replacement copy must be purchased. The Library purchases some films and videos with public performance rights.  Instructors should contact the Library to determine license status before planning a program.”  “You”, “which”, “You must, however, purchase a replacement copy in due course”, “with them” were all deleted and replaced with better phrasing which is stated above.
  • Recording of Campus Events-Permissions: this paragraph was changed to “The College assumes permission to record presentations by registered students, faculty, and staff if the recording is on-campus. Written permission by the presenter or sponsor is required for presentations made by any other individual or group, regardless of the recording’s purpose. If a presentation by an outside individual or group contains copyrighted material, the guidelines below also apply.”  This paragraph had minor changes for clarity.  “if the recording is for classroom use only” was changed to “if the recording is on-campus” which addresses recordings are used in more places than just the classroom.
  • Recording of Campus Events – Archival Was slightly changed.  “Instructors may produce an archival copy of non-classroom events using copyrighted materials if the presenter provided appropriate evidence that they obtained clearance from the copyright holder to use these materials.”  In the paragraph, “You” was changed to “Instructors” to match the style/grammar of the document.
  • Audiovisual Production Work – Using pre-recorded Was corrected and cleaned up: “Instructors may use music only if they purchase rights to copyright music from the music publisher or copyright owner.”  “You” was changed to “Instructors” and “they” and ”a video synchronization license” was changed to “rights to copyrighted music”.
  • “Copying Tapes” was changed to “Copying Media”

– Performed Music

  • The first sentence “Music involves a number of different licensing issues” was deleted. “Procedures and policies for obtaining rights to use a musical composition are well established and it is usually clear who owns the copyright.  However, negotiations are normally necessary with several different parties to obtain rights for use as multimedia c” Was slightly altered: “rights” was changed to “copyright”.
  • The note was changed: “NOTE: GRCC faculty, staff, and students should be aware that electronic sharing of copyrighted music files is an infringement of Copyright law and GRCC Policy.  Electronic sharing of copyrighted music files is inappropriate use of the College’s computers and network resources as defined by the College’s Acceptable Use Agreement (AUA).  A violation of the AUA may result in disciplinary action up to and including dismissa”  “In addition to being a violation of the Copyright law and GRCC Policy” was deleted and “Electronic sharing of copyright music files” replaced “it”.
  • This paragraph was slightly changed to match the grammar/style of the document: “A Mechanical License is needed to make and distribute records, tapes, compact discs, digital media, or other material objects in which a recording of a musical composition is embodie This license is authorized from the composer of the work or publisher, not the performer.  A compulsory mechanical license is generally available under the U.S. Copyright Act.”  “You will need a “, “for the right” and “authorization only” were deleted and “is needed”, “digital media”, and “or publisher” was added.
  • The next paragraph was significantly reworded and the term “synchronization license” was removed to make it much easier to read: “Permission must be obtained from copyright holders in order to use music in multimedia works. The number of seconds that can be used in a composition is limited, however, multimedia works are not sequential, therefore, compositions could be played multiple times within the composition.”  “You need a synchronization license to authorize the synchronization of a musical composition with visual images of a multimedia work.  No compulsory license is available for this right.  You must obtain rights  through a music-licensing agency.  Most synchronization licenses limit” was deleted.  “you could play a composition many times in a given use” was replaced with “therefore, composition could be played multiple times within the composition”.
  • This paragraph was altered for clarity: “Public performances are controlled by the copyright holder of the musical composition. Producers of a multimedia product should make sure that licenses cover any copyrighted music included in their product, or obtain other license authority for any public performance of their work.”  We removed “Another exclusive right of the owner of a musical composition is to control public performance” and replaced it with: “Public performances are controlled by the copyright holder of the music composition.”
  • The next paragraph: “You need a master recording license for the right to use a particular performance of a specific artist of the underlying composition. No compulsory license is available for this right.” was deleted because it’s not needed.  In the music department, we use live accompanists on campus, not recorded accompaniments.  We could not identify any other departments that would use copyrighted materials in this way.
  • Replacement Copies: paragraph was shortened and now states: “The College expects that staff and faculty involved with performances will emphasize planning procedures to avoid use of emergency duplication on a routine basis.” The statement “It is GRCC policy that an immediate order for the purchase of replacement copies are on a one for one basis, and all reproduced copies of the music work are to be destroyed upon receipt of the order. Any other method of calculating the number of replacement orders, such as an inventory taken after the performance, is unacceptable.” was deleted as the music department already has a procedure for replacing lost/damaged scores and music parts.  This what-if scenario isn’t needed in this policy.

– Multimedia and Internet

  • The first paragraph was slightly altered for clarity: “As with all copyrighted materials, the principles of Fair Use apply. Once these tests have been satisfied, additional guidelines with respect to allowances and restrictions must be met.”  The phrase “you must meet certain” was replaced with “must be met” in order better fit with the grammar/style of this document.
  • The second paragraph was changed to: “The use of multimedia (sounds, images, text, data, e) within face-to-face teaching is normally subject to all the restrictions and covenants of the copyright law. There is a set of guidelines for the use of multimedia in presentations.  Online instructors should consult the Digital Millennium Copyright Act.  https://www.copyright.gov/legislation/dmca.pdf”  “although many organizations resist adoption” was deleted and “Online instructors should consult the Digital Millennium Copyright Act” was added.  Finally, we added a link to the Digital Millennium Copyright Act.
  • The next paragraph had a short deletion (removing “found or posted”) making it easier to read: Copyright law applies to materials on the Internet to the same extent that it applies to material found in traditional for
  • The next paragraph was edited for clarity and now includes the creative commons: “Copyright may protect a work even if published without a copyright notice unless accompanied with a public domain statement or Creative Commons license. Copyright applies automatically once an author fixes some aspect of a protectable work in a tangible medium (such as an Internet server).  Notice is not required; registration is required only if the work originates in the United States and if the author desires legal acti”  The phrase “unless accompanied with a public domain statement or Creative Commons license” was added.  Also, “applies” replaced “arises” and “once” replaces “as soon as”.
  • The next paragraph was edited for language consistency: “The College considers any media displayed on the Internet as part of a web page and accessible outside the GRCC community a public performance except when defined as Fair Use. Written permission must be obtained to use copyrighted material on the Internet and the user must be able to produce a copy of that permission upon reque”  The phrase “You must obtain” was replaced with “must be obtained” later in the sentence.

– Use of Links on Internet Sites

  • “Links are not protected under copyright” was added to section “A”.
  • Section “C” was edited for clarity: “A list of links created by someone else may be copyrightable under a compilation copyright; therefore, a list of links may not be copied in its entirety to an Internet page. Instead, a link can be made to the existing Internet page.”  The phrase “make a link to that page with the list of links” was replaced by “a link can be made to the existing internet page” and the first sentence was reworded taking out “you” and matching it to the style/grammar of the document.
  • Section “D” was added and states: “GRCC encourages ethical practices and discourages linking to illegal material.”

– Use of Images

  • Section “A” was reworded in order to match the grammar/style of the document and now reads: “Scanned or downloaded images may not be used without written permission (see Use of Copyrighted Material, above), except as noted in Fair Use g” The phrase “Do not use” was later used as “may not be used”.
  • Section “B” was reworded for clarity: “Images from the Internet should be considered copyrighted unless stated otherwise.” The previous sentence was clumsy and difficult to read.
  • Section “C” was removed as this practice is no longer being followed. Therefore, “Accompany all photographs taken of individuals with a photography release” was deleted.
  • Section “D” was reworded to fit the grammar/style of the document. We changed “You may link to an image on another site” to “Links may be made to images on other sites”.

– “Use of Video Clips” section was deleted because the information in this section is already present in several sections of the document.

Software

  • “All software used on campus, whether in a classroom, lab, staff workstation or personal device while connected to a GRCC network is subject to the terms of the Acceptable Use Agreement. (https://grcc.edu/informationtechnology/acceptableuseagreement)” is added because it is new content and needs to be added to the policy.
  • “All software; installed, web based, or used via external media device, that is used, accessed, installed or run from any campus computer or while connected to any GRCC owned network, must be reviewed by the Information Technology department prior to use.” is added because it is new content and needs to be added to the policy.

 

3.6 Records Management Policy

– Removed references to “State approved schedule”

– Added “Michigan Freedom of Information Act” and “Clery Records Compliance Process” to related documents

– Added “GRCC Records Retention and Destruction Schedule” to Forms

 

3.7 Contracting Authority Policy

– Added: “The requesting party shall be responsible for the substantive commitments in the agreement and for ensuring compliance with the signed agreement once approved.”

– Removed requirement to forward a copy to the General Counsel for retention in a master file.

– Added “The requesting party shall retain the original, fully executed agreement”

– Added ‘”for legal sufficiency” as the purpose for the General Counsel review

– Added directions for Workforce Training (Training Solutions) Agreements under “Procedures”

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