Chapter IV: Institutional Procedures

4.100 CORRESPONDENCE AND COPYING

4.110 The Correspondence Center

Secretarial assistance is available for all faculty in the Correspondence Center. Administrators also may use the service by making arrangements with the Coordinator of the Correspondence Center. The Correspondence Center is located in King Hall and is open from 8:30 a.m. to 5:00 p.m., Monday through Friday. All work must be submitted to the receptionist in the Correspondence Center who will enter the work into the logbook. Materials may be left in the Correspondence Center mailbox in King Hall after regular hours, but confidential memoranda as well as test and examination questions must be delivered to the Correspondence Center in person and marked "confidential."

Secretaries are instructed to follow a first-come, first-served policy and to give priority to typing course syllabi and test and examination questions before correspondence, abstracts, or other departmental items. Requests for typing should be submitted at least forty-eight (48) hours in advance (minimum turnaround time) with more lengthy advance notice for sizeable jobs. Jobs requiring both typing and copying (see below) should be submitted at least seventy-two (72) hours in advance (minimum turnaround time). Every effort will be made to complete work by the date requested; any work not completed on the date requested, because of unavoidable circumstances, will be given first priority the next day. Priority and other special requests must be discussed with the Coordinator of the Correspondence Center.

Charges for typing, the use of the photocopier in the Correspondence Center, and for work completed by the Print Shop are made to academic departments, administrative areas, or individuals, as indicated.

The Correspondence Center does not distribute personal mailings or mailings from outside groups to faculty or staff. Exceptions may be made by the President. "Advertising" may be posted on designated campus bulletin boards.

4.120 Copy Service

The Print Shop offers high speed duplicating services to all faculty, staff and student organizations. Copy items should come through the Correspondence Center where they are logged and assigned a Job Order Number. Jobs will be billed to the appropriate department or organization number you provide.

We require a 24-hour turnaround time on job requests. During the first two weeks of the semester, as well as two weeks before school starts, we ask for 48 hours notice. Exceptions to these time frames may be considered on a special request basis.

Some of the services we offer include folding, binding (both comb 10 - 112 sheets and glue up to 125 sheets), hole punching, and cutting to various sizes. We require that set ups for post cards or items with multiple copies on one sheet come to us camera ready. We do not copy directly from books. Please submit clean originals on white paper when requesting copies or check with us to see if we have an original on file.

4.130 Copyright Policy

GUILFORD COLLEGE COPYRIGHT POLICY

It is the policy of Guilford College to comply with all relevant sections of the United States Copyright Law. Our policies assume respect for the rights of copyright holders, tempered by the recognition that the educational process dictates a flexible and good faith interpretation of the "fair use" doctrine.

The information and guidelines presented below are based on United States Copyright Law. Some materials of interest to the College community may be protected under the copyright regulations of other nations. This document does not address the copyright issues that arise in such circumstances; members of the College community who wish to make use of such materials are encouraged to seek more specialized guidance. Some of the material appearing below is taken from the US Copyright Office Web page at http://lcweb.loc.gov/copyright/; US government publications are not subject to copyright protection.

This policy addresses the use of copyrights materials by students, faculty, and staff of Guilford College.  It has been adapted, with permission, from the policy approved by Swarthmore College in June, 2000.  Issues regarding the allocation of rights to intellectual property created by members of the College community are addressed in the separate Intellectual Property Policy [approved by the Board of Trustees on October 7, 2006. 

This policy consists of two parts:  a narrative statement and a tabular matrix of instances likely to arise in the course of the College’s activities (Appendix A).  Appendix B provides language to be used in copyright notices for library copiers and on copies used for course reserves and reading materials.

   I.   WHAT IS COPYRIGHT?

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

  • To reproduce the work;
  • To prepare derivative works based upon the work;
  • To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  • To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
  • To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
  • In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act. A second relevant limitation is the ability of libraries to make copies of copyrighted works under specified conditions.

II.  WHAT WORKS ARE PROTECTED?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

  • literary works
  • musical works, including any accompanying words
  • dramatic works, including any accompanying music
  • pantomimes and choreographic works
  • pictorial, graphic, and sculptural works
  • motion pictures and other audiovisual works
  • sound recordings
  • architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

There are time limitations to copyright protection. Copyright protection has expired for all works published prior to 1923. For works published between 1923 and 1977, copyright protection extends for 95 years, if the copyright owner complied with certain statutory formalities; otherwise, the copyright protection may have expired. Works created or first published between 1978 and the present are protected by copyright for the author's life, plus 70 years, if the work is ascribed to an individual. For anonymous works, or works created by corporate authors, copyright protection extends for 90 years from the time that the work was created.

Out of print materials are generally protected by copyright, unless the copyright time limits have expired. Out of print materials may be reproduced in accordance with the fair use guidelines described below.

Works published since March, 1989 need not bear a copyright notice to be protected under the Copyright Act.

III.  WHAT IS NOT PROTECTED BY COPYRIGHT?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

  • Works that have not been fixed in a tangible form of expression, (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
  • Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
  • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  • Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
  • Publications of the United States government.
  • Materials on which the copyright has expired, or been declared in the public domain, including all works published prior to 1923 in the United States.

IV.  WHAT IS FAIR USE?

Fair use is a vaguely defined concept that is described in the statute as follows:

§ 107. Limitations on exclusive rights: Fair use. Notwithstanding the provisions. of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-

  • the purpose and character of the use, including whether such use is of a 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 portion as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all of the above factors.

With this less than clear legislation, it is obvious that the concept of "fair use" has come to be defined by judicial rulings, most of which are not directly relevant to the use of copyrighted materials at institutions such as Guilford. Court decisions that rule in favor of or against fair use in particular instances consider all four of the factors listed above, with weightings that vary from case to case. In general, factor (4) has come to be viewed as the most important determinant of the fair use of copyrighted materials, although always in the context of the other three criteria.

V.  WHAT ARE THE RIGHTS OF LIBRARIES TO REPRODUCE COPYRIGHTED WORKS?

Section 108 (d) and (e) of the statute describes a limitation to copyright that is used frequently in academic institutions. It is not an infringement of copyright when libraries (or patrons) make single copies of certain copyrighted works (excluding musical works, graphic, pictorial or sculptural works; motion pictures or other audiovisual works, except audiovisuals dealing with the news) provided that:

  • only individual articles or small portions of a larger work are copied;
  • the copies becomes the property of the patron;
  • the copies are used for private study, scholarship or research and the copying is not done for commercial advantage;
  • the library displays prominently a notice warning of copyright in accord with requirements published by the US Copyright Office.

Libraries may make copies of entire works (or substantial pieces of a work) if the work cannot be obtained after a reasonable search and at a reasonable price.

VI.  COURSE READINGS

Faculty can provide supplementary materials or course readings by:

  • distributing multiple copies for classroom use;
  • placing items on print reserves in the library;
  • making materials available using electronic reserves via class conferences;
  • compiling anthologies ("course packs");

Each one of these methods is treated somewhat differently under copyright law.

A) Multiple Copies for Classroom Use

(Following the American Library Association's Model Policy Concerning College and University Photocopying for Classroom Research and Library Reserve Use (1982).)

With respect to classroom uses, the following guidelines apply:

  • Only one copy may be distributed for each student per course;
  • the distribution of the same photocopied material may not occur every semester that a particular course is taught;
  • the material must include a copyright notice on the first page of the portion of material photocopied (see Appendix B); and
  • students may not be assessed any fee beyond the actual cost of photocopying.

Furthermore, copying should meet the tests of brevity and spontaneity.

To meet the brevity test, no more than one article, poem, story or essay may be copied from the same author and no more than three from the same collective work or periodical volume during one class term.

Spontaneity is defined as that which meets the following two criteria:

  • The copying is at the inspiration of the individual instructor, and
  • The decision to use the work and the time of its use are so close in time that it is impractical to expect a timely reply to a request for permission to copy.

Given the amount of time it often takes to get permissions, faculty may generally presume that the first time they use an item that otherwise appears reasonable, the use will fall within these guidelines. However, if the faculty member expects to use the materials again, they should seek permissions from the copyright holder before a repeat use. (Alternatively, faculty should seek permissions when they decide to use the work. They may proceed with use of the work if permission is not forthcoming prior to the time when the work is introduced in the course).

In any case, photocopying for classroom use:

  • should not contribute to a significant detrimental impact on the market for the copyrighted work;
  • should not be used to create or replace or substitute for anthologies, compilations or collective works;
  • should not be used to reproduce consumable works such as copyrighted workbooks, exercises, standardized tests and test booklets and answer sheets, etc; and
  • should not substitute for purchase of books or periodicals.

B) Print Library Reserves

It is reasonable to believe that fair use applies to photocopies on the Library's reserve shelf to the extent that it functions as an extension of classroom readings (provided that the brevity and spontaneity criteria are satisfied) and reflects an individual student's right to photocopy for his or her personal scholastic use. The use of photocopied material for course reserves is subject to the following guidelines:

  • The Library must own a copy of a work placed on reserve. Alternatively, the Library may accept a copy of a work that is not in its collections with the assurance from a faculty member that the work is in her/his own personal collection.
  • Photocopies of only one work from a single author, or three from the same collective work or periodical volume, may be placed on reserve for a single course. Faculty members who wish to place photocopies of more than three chapters from a collected work or monograph or more than three single journal articles on Reserve must seek permission from the copyright holder.
  • Generally, the Library should not place more than five photocopies of a single article, reading, etc. on reserve, but factors such as the length or difficulty of the assignment, the number of enrolled students and the length of time given for completion of the assignment may permit the Library to place more than five photocopies on Reserve.
  • If faculty members wish to place photocopied material on Reserve for a second semester, they must seek permission from the copyright holder to do so, unless that material comes from a journal for which Guilford pays an institutional subscription price.
  • Photocopies must not be retained by the Library following completion of the course.

B1) Placing Entire Works or Large Sections of a Monograph on Reserve

Sometimes a faculty member wishes to place multiple photocopies of an entire work on Reserve.

  • If the work is a monograph and is in print, the Library can only accept individual chapters (not to exceed 10% of the entire work during a single semester).
  • To place larger sections on reserve, the faculty member must seek permission from the publisher of the work. The Library will help the faculty member ascertain if the work is available and/or under copyright.
  • If the work is out of print and it is unlikely that the Library can obtain the work "for a fair price", under Section 108(e) of the Copyright Act, the Library may either photocopy a work it owns or accept up to three photocopies from the faculty member.

B2) Special Considerations Concerning Sheet Music

In addition to the general guidelines that pertain to all printed materials, the following apply to the photocopying of sheet music:

  • Faculty may copy for classroom distribution (or place on reserve) an excerpt which is no more than 10% of the whole work. In addition, the portion copied must not comprise a part of the whole work that would constitute a performable unit such as a section, movement or aria.
  • Purchased printed copies may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered or added if none exist.

C) Electronic Library Reserves

Some publishers, as well as the Copyright Clearance Center, treat electronic reserves (that is, reserve readings which are scanned in and made available digitally) as different from printed reserves. However, in general, the guidelines for print reserves (above) should be used as the basis for determining fair use in the case of electronic reserves, as well. To the extent technically feasible, electronic reserves are subject to certain additional restrictions:

  • The reserve system will restrict the number of patrons that can access each work simultaneously. Generally, the restriction will be 5 simultaneous users.
  • Reserve materials will be password protected; the password will be made available only to those enrolled in the class (and those responsible for maintaining the system).
  • The electronic reserve system will display copyright notice.
  • Materials will be removed from the public server at the conclusion of each course.
  • The reserve system will include a notice in conjunction with each item on electronic reserve, indicating that downloading or creation of an additional electronic copy is prohibited.

D)  Network delivered course readings

Criteria for use of a secure server, such as a Lotus Notes conference or academic share space limited to the faculty and students in a particular class can be considered a similar extension of the classroom reading function.  Access to the share space must be limited to current members of the course.  Faculty members are responsible for ensuring that all other requirements for electronic reserves are met when posting readings to course conferences under their control, including the posting of copyright notices, the removal of copyrighted materials from the server at the end of the course, and obtaining permission before posting copyrighted material for a second or subsequent use.

E) Course Packs

If a faculty member wishes to compile a set of articles into a course pack for distribution or sale:

  • He/she must seek permissions for all materials to be included.
  • Even with significant lead time, there may be some instances wherein permissions are not secured prior to the beginning of the term. If this occurs, we suggest that those readings be place on reserve in the library or they may be distributed to students following the guidelines for "multiple copies for classroom use" (above).

VII.  SCHOLARLY USE OF COPYRIGHTED MATERIALS

The College has long held that the scholarly activities of the faculty are integral to the educational mission of the institution. In recent years, the growth of student/faculty research in the curriculum only highlights the degree to which faculty scholarship is an extension of the work done with students in the classroom and laboratory.

Traditional interpretations of copyright law have long held that the reproduction of copyrighted materials for the individual use of scholars is fair use. While this environment remains largely intact, recent court rulings have circumscribed the breadth of this fair use exception.

Reproduction of entire journal articles or small sections of a monograph is permitted, assuming that the copy is for the individual use of a scholar. (Further distribution of that copy by, for example, producing copies for a group of students will typically fall under the guidelines for "multiple copies for classroom use", above.)

Reproduction of entire monographs may be permitted only for the scholarly use of individuals, provided that the "spontaneity" test is met. Absent this, scholars should either purchase a copy of the monograph, if available, or seek copyright permission. (For out of print materials, a reasonable attempt must be made to obtain copyright permission as these materials retain their copyright protection.)

Institutional encouragement of widespread reproduction of copyrighted material (by, for example, circulating individual journal issues to faculty for systematic copying of individual articles for their files) is not considered fair use.

VIII.  VISUAL RESOURCES

The use of visual materials in teaching and research by studio artists, art historians, architectural historians and historians of film, among others at the College, is fundamental to their ability to carry out the educational mission of the institution. The following guidelines recognize the crucial nature of these needs and aim to respond to them in the most productive and generous spirit possible, while still upholding the tenets of copyright legislation.

For visual materials, ownership of the copyright can be ambiguous, with several possible rights holders involved. These include:

  • For published materials into which images are incorporated, the compiler of the images (i.e., the publisher or author), one or more photographers who may not have relinquished copyright to the compiler, and/or the creator of the work(s) or art shown (if not in the public domain).
  • For collections of published images, the printer/publisher of the images, the creator(s) of the individual prints, and/or the creator(s) of the original unique works of art reproduced in print form.
  • For unpublished images, those who originally created the works.
  • Any person or entity to which any of these copyright holders have transferred or assigned their copyrights.

In addition, museums or other repositories may have "proprietary interests" which grant them the legal right to control access to and distribution of reproductions of works under their control.

For the purposes of educational, not-for-profit uses of materials such as 35 mm slides depicting works of art, the "mechanical" means used to photograph those works usually can be characterized as documentary in intent and fundamentally non-creative in nature. These depictions are therefore not protected by copyright. This then enables the free use -- use without seeking permission -- of reproductions of these "mechanical productions" in the event that the works they depict are not themselves copyright protected.

A) Acquisition/production of visual materials

The following guidelines govern the acquisition of visual materials (images) for educational and scholarly use:

  • The first recourse for obtaining visual materials for use in the classroom (or for other professional activity by faculty, short of publication) should be purchasing or licensing these materials from appropriate vendors in a volume adequate to cover such use or activity.
  • In-house production of visual materials through copy photography or duplication of original materials is a fall-back option, provided that the "brevity" and "spontaneity" criteria are met, or in the event that documented good faith efforts to find commercial sources, at a fair price, for the materials have been unsuccessful.
  • For purposes of the "brevity" criteria, a published collection of images (or published text into which images have been incorporated) is judged to be a single work; reproduction of images in such a work should be limited to 10% of the total number of images in the collection.
  • If materials are acquired through the duplication of original copyright-protected slides, photographs, or digital works (as distinct from those reprinted in texts or other collections of images), it is necessary to seek permission from the copyright holder(s) before their duplication and/or use can proceed. In the event that the spontaneity of the need for these materials precludes obtaining permissions prior to their use, reproduction and use may proceed on a one-time basis only. Subsequent use may proceed only once the necessary permissions have been secured, or good-faith efforts to obtain them have been documented.
  • Under no circumstances may more than one copy of a given image be made at any one time.
  • Low resolution digital representations of images ("thumbnails") can be produced and used in support of scholarship or the curriculum by College faculty, students and staff without the need to secure permission from the copyright owners of the original image. (The audience for "thumbnail" reproductions should be limited, however, to the College community.)

B) Use of visual materials

Visual materials that have been produced or acquired in accordance with the guidelines outlined above may be used for teaching in the classroom and for other related, non-commercial, non-publication purposes by faculty, staff and students. Specifically, the non-commercial, nonpublication, professional activities of faculty and staff (public lectures, presentations at professional meetings or other institutions, etc.) are understood to be extensions of the educational work carried out in the classroom. All such activities generally are considered fair use under these guidelines.

NOTE: The use of visual materials in scholarly or professional publications requires prior permission of the copyright owner(s). In this context "publication" is taken to mean both traditional print media, and any Web-based or on-line presentation with an audience that extends beyond the College computing network.

IX.  VIDEO/MULTIMEDIA MATERIALS

(Derived from the 1996 guidelines developed by the Consortium of College and University Media Centers.)

Examples of multimedia materials include slide presentations, videos, and secure web pages.  When incorporating the work(s) of others into multimedia creations, the following are considered amounts of materials that are likely to be construed as fair use:

  • Motion media - up to 10% of a work or 3 minutes, whichever is less;
  • Text - up to 10% of a work, or 1000 words, whichever is less;
  • Poetry - up to 250 words from a work, but also limited to 3 poems or portions of poems by one poet or 5 poems or portions of poems by different poets from an anthology;
  • Music - up to 10% of a work or 30 seconds, whichever is less (any alterations to a musical work should not change the melody or basic character of the work);
  • Photos and images - up to 5 works from one author or up to 10% or 15 works, whichever is less, from a collection;
  • Database information - up to 10% of a work, or 2500 fields or cell entries, whichever is less.

In all cases, incorporation of the works of others must be accompanied by attribution to the author (or other copyright owner) and a valid copyright notice.

Because of the time and effort required to develop multimedia materials, the fair use of incorporated works is allowed for a period of 2-years from the first instructional use or public display of the multimedia work.

Faculty may:

  • incorporate the work of others in their multimedia creations (subject to the restrictions above) to develop curriculum materials where access is limited to students enrolled in the relevant classes and to others with curricular justification;
  • demonstrate their multimedia creations at professional symposia and retain the creations in their own portfolios (though display/dissemination privileges are restricted to a period of 2 years from the time of first instructional use or public display).

Students may:

  • incorporate the works of others into their multimedia creations (subject to the restrictions above) and display them for the exclusive purpose of fulfilling their academic assignments;
  • demonstrate their multimedia creations at professional symposia and retain the creations in their own portfolios (though display/dissemination privileges are restricted to a period of 2 years from the time of submission of the academic assignment or first public display).

For both students and faculty, retention within a portfolio does not include the right to display multimedia works in a public forum such as the World Wide Web, unless permission from the relevant copyright owners have been obtained for this purpose.

Even if incorporating the work of others into a multimedia work is considered fair use, creation or distribution of additional copies of the multimedia work incorporating those materials is not fair use. Duplication of multimedia creations beyond that required to provide a backup copy is not generally considered fair use, though joint developers may each have a copy.

X.  UNPUBLISHED MATERIALS

All materials of intellectual and/or creative content not produced for dissemination in multiple copies beyond a narrow group are considered unpublished. For example, a College staff policy circular is unpublished, but a newsletter is a publication. Unpublished materials can be in any format. Most common are personal papers, organizational records and such memorabilia as snapshots and home movies.

Unpublished materials may be used without the consent of the copyright owner if either the copyright has expired or the fair use exception applies. Historically, the creators of unpublished materials have been assumed to own a "right of first use" of their own work. Under modern copyright law, unpublished materials have been accorded a greater presumption of copyright protection than other materials, i.e., the factors that determine fair use are heavily weighted by the unpublished nature of the copyrighted work. The other three factors (purpose and character of use, amount used and effect on the market for the work) must be overwhelmingly in favor of fair use in the case of unpublished materials.

(Note:  Be aware that posting on the World Wide Web, while often considered “public display,” often has the properties of publication.)

The College has institutional collections of unpublished materials created by others and deposited with College departments (for example, the Friends Historical Collection). If the College holds the copyright to such materials, the College has full right to determine if and under what circumstances the material may be used, subject only to fair use. As owner of an object, the College may also have proprietary rights, allowing it to deny and/or limit use of the object.

Often the College does not hold the copyright to unpublished materials in its collections. Any such material provided to any individual or group must be accompanied by a disclaimer imposing upon the user the obligation to clear all matters of copyright and requiring the user to indemnify the College for all penalties due to infringement.

XI.  SOFTWARE

The vast majority of all computer software is protected by copyright law. The exceptions to this rule are so few that faculty, staff and students should assume that all software on Guilford's computer system, on third party systems, or available through the Internet is protected by copyright, unless there is clear indication to the contrary.

Simply stated, the copyright law allows a user of software to use the software, load it onto the hard drive of a computer, and retain the original disk as an archive copy. Users generally are not allowed to modify the software, make more copies of it, simultaneously use a single copy on both a home and a campus computer, or distribute the software through the Internet, unless the license agreement explicitly permits those activities.

Possessing software for which an individual does not own a license is a violation of the Copyright Act, and may subject both the College and individual faculty, staff and students to sanctions as set forth in the Act. For all practical purposes, the fair use exception does not apply to most uses of operating system and application software.

In addition to application software and operating systems, federal copyright protection also extends to the data files (content) created for use with or by applications and operating systems (e.g., spreadsheets, databases, mpeg3 music files, quicktime video files, scanned images). Unauthorized creation, copying and distribution of these materials are violations of the federal copyright statute, unless they can be construed as fair use.

XII.  DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton in October, 1998. One of the provisions of the legislation provides an opportunity for online service providers (OSPs) to shield themselves from liability for the actions of their subscribers that infringe on the copyrights of others. All institutions of higher education that provide Internet access fall within the scope of the definition of an OSP, with relevant subscribers being their students, faculty and staff. This document outlines the policies and procedures that Guilford will follow to comply with the DMCA.

A) Who is a Subscriber?

All faculty, staff and students who receive Internet access or Web server space from the College are considered subscribers. Anyone who uses the "guilford.edu" Internet address or accesses the Internet using College-provided hardware, software or network connections is considered a subscriber. For example, faculty and staff using their College owned office computers, faculty and staff (and their families) using dial-up services provided by the Information Technology and Services Department, students working in the dormitories, on departmentally provided facilities, or using dial-up services provided by the Guilford College Information Technology and Services Department are all subscribers of the College services.

B) What is the scope of the College's liability?

As an OSP, the College (as well as the subscriber) is potentially liable for monetary damages (plus attorney's fees) if any of its subscribers provide Internet access, using the College's facilities, to material that infringes on the copyrights of others. (The same is true if, for example, a subscriber transmits infringing materials in an e-mail message.) Copyright owners are entitled to recover either their "actual" damages, or statutory damages that range as high as $30,000 per work infringed. (In the case of willful infringement, the statutory damages can be as high as $150,000 per work.) In all cases, the "fair use" exemption that allows use of copyrighted materials in narrowly defined circumstances applies to materials in digital form just as it applies to traditional media.

The DMCA does not address the liability that individual subscribers carry for their own actions. The penalties that can be assessed against individual subscribers for copyright infringement are the same as those outlined in the preceding paragraph.

The DMCA does not require that the College "police" the Internet activities of its faculty, staff or students. It only requires that the College respond in specified ways when evidence of infringing activity is brought to its attention or when it receives information that makes it apparent that infringing activity is occurring (and only then to avoid institutional liability).

C) Limitation of the College's Liability

The DMCA provides an opportunity (a "safe harbor") for the College to avoid liability for the actions of subscribers, provided that rigorous policies and procedures are in place and that the College did not have prior knowledge of the infringing activity. These policies and procedures include:

  • The College must register a designated agent with the US Copyright Office and this individual must be identified on the College WWW site. This individual will receive notices from copyright owners that College subscribers have infringed on the owner's copyrights. These notifications must be in a form prescribed in the legislation and are made under penalty of perjury.
  • Following receipt of a proper notification, the College must "expeditiously" remove ("take down") the infringing material or block access to it.
  • The College must "promptly" notify the subscriber of the College's action.
  • The subscriber may provide a counter notification (also under penalty of perjury) to the College's designated agent stating that the copyright owner is either mistaken or that the use of the material is lawful. At this point, the College must "promptly" notify the copyright owner and restore the material no less than 10 business days and no more than 14 business days after the owner is notified of the counter notification. If the matter has been referred to a court in the intervening time, the "put back" requirement does not apply.
  • The College must have in place information regarding copyright compliance and its own institutional policies and procedures. These materials must be disseminated to all subscribers.
  • The College must develop policies for sanctions (including termination of services under appropriate circumstances) against subscribers who are repeatedly found to engage in infringing activities.
  • The legislation makes special note of the role of faculty at educational institutions. The College is shielded from liability for the infringing activities of the faculty only under certain limited circumstances. Briefly, if the infringing material is required or recommended for a course taught at the College by the infringing faculty member during the preceding 3 years, then the liability limitations do not apply.

D) Guilford College Policies and Procedures Related to the DMCA

  • The Director of Information Technology and Services (IT&S) is the designated agent registered with the US Copyright Office for the purpose of receiving notifications under the DMCA (hereafter referred to as the Copyright Compliance Officer). The Copyright Compliance Officer may be contacted through the IT&S Help Desk, 101 Bauman Hall, Guilford College, 5800 West Friendly Avenue, Greensboro, North Carolina 27410 or by email at help@guilford.edu. The elements to be included in any claim of infringement are specified in the DMCA, Section 512(2)c3A, available from the Library of Congress Copyright website at URL http://www.loc.gov/copyright/legislation/hr2281.pdf, pp. 22-23.
  • Upon receipt of a notice from a copyright owner, the Copyright Compliance Officer shall determine whether it is in the form prescribed under the legislation and shall notify the relevant Vice President or equivalent officer, the infringing subscriber and the Fair Use Committee, which shall consist of the Library Director, the Director of information Technology and Services, and two faculty members to be appointed by the Education Support Committee.  These notifications will occur within 24 hours of receipt of the notice. (The "relevant" Vice President or equivalent officer depends on the identity of the subscriber. If the subscriber is a student - the Dean for Campus Life; if a member of the faculty - the Academic Dean; if a nonfaculty employee - the supervising Vice President.) If the notice from the copyright owner is defective (e.g., not sufficiently specific to locate the allegedly infringing material, etc.), the Copyright Compliance Officer will contact the copyright owner for clarification.
  • If either the subscriber or a member of the Fair Use Committee believes that a claim of fair use is plausible, that individual must notify the Copyright Compliance Officer within 3 business days of learning of the original notice. The Fair Use Committee will convene and consult with College Counsel to determine whether the "take down" procedure should proceed.
  • Absent a fair use determination, within 10 business days of the receipt of a notification from a copyright owner the Copyright Compliance Officer will take the steps required to remove the infringing material or to block access to it. Within 1 business day of this action, the Copyright Compliance Officer will notify both the subscriber and the relevant member of President's Staff of the action.
  • Upon receipt of a valid (as defined in the DMCA) counter notification, the Copyright Compliance Officer will notify the copyright owner within 2 business days. Absent notice from the owner that the matter has been referred to a court, the director shall restore the material no less than 10 business days and no more than 14 business days after the owner is notified of the counter notification. A subscriber who wishes to argue that the material is not infringing should consult with her/his own private counsel and the Fair Use Committee prior to filing such a counter notification.
  • The Copyright Compliance Officer will keep records of copyright infringements identified by either the College or by copyright owners. Instances of subscribers who are repeat offenders will be handled in accordance with the College’s Network Acceptable Use Policy. When appropriate, these sanctions can include termination of all OSP services.
  • Electronic mail is the normal means of communication for the notifications described in these procedures, unless otherwise specified by the DMCA. Written communication is also acceptable, but phone calls/voice mail are not sufficient.

TEACH Act

The Technology, Education, and Copyright Harmonization Act (TEACH) of 2002 extended the provisions of the Copyright Act for educational of copyrighted materials to the world of distance education.  It essentially applies the privileges accorded classroom use of copyrighted materials to instruction delivered via digital networks.  Any institution wishing to make use of these provisions must conform to very specific and stringent requirements.  Because Guilford College does not at this time operate any distance education programs, the College has chosen not to take advantage of the TEACH Act.  This could change should the College undertake new programs that fall within the purview of the Act.

 

4.140 Software Copyright

Guilford faculty using computer software in their teaching or research should be aware of, and are expected to abide by, the licensing agreements and copyright laws pertaining to the programs and manuals which they use. Most computer programs are not only protected by copyright; they are usually sold under a licensing agreement as well. Licensing agreements can restrict the use of the software to a single machine. While the copying of such programs, in whole or in part, is often necessary and frequently desirable, it is only legal to do so on the licensed machine, and then only if the copies are to be used solely on that machine. Copyrighted computer manuals of course, are protected under federal copyright laws, as described above.

It should be noted, especially in the case of personal computers, that not all machines on the Guilford campus are licensed to run all programs owned by the College. If there is any doubt about the terms of the licensing agreement for any of Guilford 's computer software, a faculty member should check with the Computer Services staff to see if the proposed use conforms with the software license.

           

4.200 LIBRARY

4.210 Lending Policies

All library borrowers must have a barcoded I.D., which shall be obtained from the Office of Security and Safety. Faculty and staff (current and retired) may borrow regular loan materials from the Hege Library for one semester. Materials may be renewed up to three times (fall, spring, summer). Renewals may be made by telephone. Should another person desire use of any materials on loan to a faculty member, it may be recalled at the end of the first month. Faculty may place a "hold" on the material, and it will be returned when the borrower is finished with the item. They will be notified upon its return, and it will be held for them on the "hold" shelf at the Circulation Desk.

Faculty and staff spouses and children are permitted the use of regular loan materials. They must produce a barcoded I.D. when the loan is transacted. Faculty and staff members are not fined, but the replacement cost for lost items is $55.00 per item.

The Circulation Librarian extends the courtesy of informing borrowers when they have materials that are overdue, but borrowers are responsible for observing due dates, even if no overdue notice is received. Overdue reminders are sent to the faculty members' campus addresses at the end of each semester.

4.300 INFORMATION TECHNOLOGY AND SERVICES

(updated September 2001 by the President)

4.310 Computers

Guilford College Information Technology & Services provides support to the college community for a fully networked campus with connectivity to academic and administrative buildings and residence halls. IT&S provides support for college owned hardware and supported software. IT&S consists of three separate areas (Information Services, Networks and Servers, and User Services) with an administrative group that oversees these.

Accounts & Network Space: Faculty are given a username and a system password. Faculty are allocated 300 mb of storage. All employees and students are responsible for reviewing the college Network Acceptable Use Policy (NAUP). Any questions regarding the NAUP should be directed to the IT&S Help Desk. You can view the NAUP online here: http://www.guilford.edu/naup

FOB: Each employee will receive a FOB (electronic button) for copying. All printers are network printers/copiers. There are no locally attached printers. Printing and copying from networked printers and copiers will be tracked for all employees, and each department will receive charge backs for those services.

Requests for Discipline Specific Software

Additional software may not be installed on any college owned computer without prior approval from the department of IT&S. The college must license all software used for a discipline specific classroom; it should be network compatible, and will be supported by the faculty member. If you have software you would like to use for your class, requests should begin at the Help Desk one semester prior to its intended use and the following information provided:

  • Software to be reviewed. Prior to new software being purchased or installed on college owned machines please coordinate with IT&S.
  • Date you will begin using software in class.
  • Number of students this software will serve.

See "Software Copyright" (4.140) for the policy regarding software copyright.

4.320 Media Services

Media Services

Equipment setups for media presentation are handled through the Help Desk with the exception of College owned tapes, film and CD media. That media can be checked out at the circulation desk in the Library. Requests for equipment setups and check-outs are made through the Help Desk and can not be guaranteed unless there is at least 24 hours notice. IT&S will make their best effort to accommodate late requests, but cannot guarantee service. Media should not be moved from locations, without contacting the Help Desk. Before you call or come by, make sure that you have the following information at hand:

  • Your name and office phone number.
  • Department, building and room number where the media items are needed.
  • The beginning and ending time of your class or event. IT&S will retrieve the equipment.
  • If this is going to be a recurring request for the duration of the semester, you will need to advise the Help Desk at the time of the initial request.
  • Make sure that the media request is read back to you to reaffirm the date, time, place and type of equipment needed.

4.400 RESEARCH

4.410 Patents

(see Appendix K – Intellectual Property Policy)

4.420 Ethical Principles in the Conduct of Research with Human Participants

In undertaking research projects, especially those involving human participants, the College conforms to the American Psychological Association statement of ethical principles in the conduct of research. (See Appendix F for a copy of these principles.) They pertain to specific guidelines in the planning of research, as well as its conduct and evaluation, that involve: informing participants of all dimensions that might influence their willingness to participate; openness and honesty in the relationship with participants; respect for individual freedom, dignity and comfort; protection of confidentiality; and adequate protection against any undesirable consequences for participants. Anyone undertaking research projects involving human subjects must conform to the ten principles as outlined in the APA guidelines and file with the Academic Dean in advance a statement indicating intention to comply.

4.430 Grant Applications

All faculty and academic departments and staff seeking grants from private foundations, corporations, or governmental agencies should do so in consultation with their departmental chair and in cooperation with the Office of Advancement. Grant applications are to be approved in advance by the Academic Dean.

The Office of Advancement maintains lists of philanthropic, corporate, and governmental agencies that may be sources of funds and can advise applicants as to proper procedures and effective content of proposals.

The President's signature is necessary on all grant proposals. In processing the grant proposal, the applicant must allow ample time to secure the necessary approval and signature of the President.


4.500 MISCELLANEOUS GENERAL PROCEDURES

4.505 Purchase of Gifts

Guilford College does not authorize the use of departmental funds for the purchase of gifts for employees. Only the President of the College is authorized under appropriate circumstances to use College funds for such purposes. Should staff/departmental members want to purchase a gift for someone employed by the College, they should use their own resources to do so.

4.510 Telephones

Whenever possible, telephone extensions are assigned to an individual and can usually be transferred to another department if that individual changes offices. Exceptions to the above are: when more than one individual shares an extension or when extension numbers are assigned to a position rather than an individual.

Each department will receive from the Telecommunications Department a monthly listing of all calls made from each of its extensions. Personal calls will be charged against a department's account until such time as the individual pays the Business Office. Since the Telecommunications Department does not send out bills for personal calls, it is the responsibility of each department to ensure that personal calls are paid to the Business Office. Collect calls and third party charges against the College will not be accepted.

4.515 Postal Service

To mail items through the Mail Services Office we need to have your department organization number written on each piece of mail or on the top piece of a bundle. If you have a bundle of letters that need to be sealed, flap the tongue of the envelopes up so that they are interlocked or make sure that all the flaps are down or closed. Please don't mix. Fold the contents so they fit in the envelope and don't extend into the flap, making a good seal. Do not use staples or paper clips (they cause problems in metering pieces).

FED EX, UPS, and DHL shipping services are also available in addition to the Postal Service.

International pieces need to be separated from domestic mail and identified so they receive the proper postage and are not returned or delayed.

If you have 200 or more pieces of mail (or 50 pounds or more total weight) you may send them at a bulk discount rate. They need to be identical and processed in zip code order (ascending with lowest number in front). Provide a piece count; this will assist us in filling out the necessary Postal forms. We need to have advance notice of such mailings and they should not be of a time sensitive nature that requires rapid delivery.

Mailboxes are assigned to every residential campus student and are located in the basement of Founders Hall. Mailboxes for Continuing Education students are available in the Center for Continuing Education in Hendricks Hall. Students should be encouraged to check their boxes regularly.

4.520 Rental of College Facilities

College facilities may be rented through the Facilities Coordinator to community groups or institutions for special events, provided the intended activity of these groups is consistent with fundamental testimonies of Guilford College and the Society of Friends. Among these testimonies are concerns for the peaceful resolution of conflict, the integrity of individuals and the common humanity of all persons, equal opportunity for women as well as men, and justice and equality among the races and nations of the world. An implication of these testimonies is that the College will not make its facilities available to groups whose philosophies or activities discriminate on the basis of race, color, religion, age, sex, sexual orientation, disability, or national and ethnic origin, or denigrate the full respect of individuals.

Normally these principles will be interpreted by Facilities Coordinator. In cases where there is uncertainty in the interpretation of these principles, the matter should be brought to the President.

4.525 Requisition of Supplies

The Purchasing Department of Guilford College is charged with providing the College with the highest quality of goods and services available at the best possible pricing. Purchasing is a part of the Business Office operations, and all procurement negotiations should be processed through the Purchasing Department. The exceptions to this rule are the Bookstore, the Library, petty cash (not to exceed $100.00) and reimbursements which are handled by the Business Office.

The Purchasing Department is responsible, in consultation with department heads, for all phases of purchasing activity, including but not limited to, vendor selection, supplies, materials and articles necessary for the operation of the College, as well as equipment rental, lease and sales agreements, and service contracts.

Faculty and staff are not permitted to make personal purchases through the Purchasing Department.

In order to maintain the financial integrity of the College, it is essential that all orders be placed through the Purchasing Department by a written requisition. Occasionally, a rush order (emergency order) is necessary, and a purchase order may be given over the phone (See Purchasing Policies and Procedures - a separate document).

Each department has a list of account numbers that is specifically for its use. This number must be noted in the proper space on the requisition when requesting an order. A list of account numbers should be available from your department head/manager or can be obtained from the Business Office.

Prepayments are generally not acceptable. However, in some cases a vendor may require partial or full payment in advance. Complete a requisition as normal, mark "Prepay" and send to the Purchasing Department.

The College cannot be responsible for the payment of any obligations for goods and/or services ordered by an employee without specific authorization as defined in the Purchasing Policies and Procedures document. Such action may create a personal liability for the individual. No person is authorized to obligate (by ordering and/or purchasing) the College without encumbering, in advance, sufficient funds to meet the obligation. This policy applies to all requisitions regardless of the source of funding.

Please see the Purchasing Department Policies and Procedures manual for further information.

4.530 Equipment Maintenance

Maintenance work is normally scheduled based upon written work orders. If the request is for new work, faculty and staff shall request maintenance work by submitting a "Request for Maintenance Form (Work Order)" through the department chairperson or supervisor. If the request is for repairs, the work order form shall be sent directly through campus mail to Physical Facilities in the Maintenance Building. Telephone or data requests are communicated to the Communications Manager in Computer Services, Bauman Telecommunications Building. Emergency requests for maintenance, i.e., those which are necessary to avoid personal injury or damage to buildings or grounds, should be transmitted by telephone to Physical Plant (extension 2900).

All College employees are expected to be concerned with the care of College equipment. Damage to equipment in any College building should be reported immediately to Maintenance.

All campus buildings, including offices, classrooms, break rooms, work areas, residence halls and college-owned houses are designated smoke-free throughout the year. The interior of the campus (all entrances to buildings facing the central portion of the campus) is also designated as smoke-free. Smoking is not permitted in front of King Hall (the designated smoking area for this building is on the side of King near the greenhouse) or in front of the library (the designated smoking area is under the covered entrance to the Leak Room of Duke Memorial Hall). Smoking is permitted adjacent to entrances that face away from the interior of the campus. All smoking areas (including the gazebos outside of Founders Hall and between Binford Hall and Mary Hobbs Hall) have signs posted and are supplied with ash containers.

4.535 College Keys

New faculty members will obtain keys to offices and laboratories through the Office of Public Safety, using a requisition form signed by the department chair. When assigned keys are no longer needed, faculty will return them to the Office of Public Safety. It is the responsibility of the chairperson to inform the Office of Public Safety when a change in office space occurs, so that new keys may be assigned and the return of old ones requested. Normally, faculty members do not receive building master keys.

4.545 Extracurricular Activities

4.546 Intercollegiate Athletic Contests

To facilitate the scheduling of intercollegiate athletic competitions, an effort is made to make the calendar for the academic year a stable one that is announced as far in advance as possible. When given satisfactory notice by student athletes, faculty are encouraged to work with students to assure that they are given every opportunity to make up any class assignments or exams.

4.547 Class Attendance and Extracurricular Activities (See 3.160.)

Intellectual development is the central concern of the liberal arts college. Extracurricular activities offer all kinds of opportunities for enrichment of undergraduate experience, but established priorities must be maintained. Guilford College students are expected to attend all classes and meetings which are part of their course work. Those representing the College in departmentally or institutionally sponsored extracurricular activities which cause them to miss classes, labs, or meetings should, with the approval of the professor, make up that work, including examinations. A student must arrange for make-up work with the professor prior to any absence he/she expects to have excused. In cases where make-up work is impossible because of the nature of the instructional experience, students must assume personal responsibility for choosing between their academic obligations and the extracurricular activity. At no time will students be excused from classes, labs, or meetings to participate in practices or rehearsals, but must arrange with coaches and/or sponsors for opportunities to make up missed drills.

4.550 Vehicles

4.551 Use of College Cars and Vans

College vehicles or vehicles rented by the college are solely for College business use. All fleet vehicles must be scheduled through the Purchasing Office on a first-come, first-served basis.

All full-time College employees over the age of 21 may drive a College vehicle on College business. Students are not allowed to use College vehicles unless they are age 21 or over and the vehicle is reserved and accompanied, at least within a caravan, by a full-time College employee. A valid driver's license is also required (i.e., NC Class C or above). Note: Some exceptions are allowed for student use on College business within the Greensboro city area.

Additional guidelines regarding the use of College cars and vans are available from the Purchasing Office.

4.552 Parking

All faculty and staff cars and other motor vehicles must be registered with the Director of Public Safety, Bauman Telecommunications Building, and bear the Guilford College parking permit on the lower left side of the rear window. Marked staff and faculty parking spaces are located throughout the campus.

Faculty and staff may be issued parking tickets for parking in an area other than the one for which their parking permit is valid. Areas which are reserved for the handicapped and fire lanes are tow away zones and are clearly posted as such. Towing is strictly enforced in these areas.

4.555 Publications

4.556 Use of College Letterhead Stationery

College letterhead stationery is to be used for official College business only. Faculty, administrators, staff, and student organizations should not use the stationery for carrying out their own individual business nor for the expression of their own particular views on public issues.

4.557 Clearance of College Publications

All College publications must be cleared with the Senior Director of Communications and Marketing or Director of Publications prior to being printed. Clearance involves editorial review, layout, and printing suggestions. The initial preparation of copy should be completed prior to contacting the Publications Office. Consistency of style, typeface, logo, graphics, etc., should reflect the quality of the College while allowing flexibility appropriate to specific programs and subject matter.