Intellectual Property

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• Faculty as instructor
• Faculty as creator and researcher
• Students
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• Non-employees
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What is Copyright?

Copyright is the affirmation of the rights of authors, inventors, creators, et cetera of original works. It is intended to promote authorship, invention, and creation by securing certain rights. The basis for modern copyright law (U.S. Code Title 17) is found in the U.S. Constitution (Article I, Section 8, Clause 8):

"...为了促进科学和实用艺术的进步，为有限的利益提供保障 Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

The exclusive rights of the creators of original works include copying, distribution, displaying and performing. Creations that can be copyright protected include (but 不限于:书籍、戏剧、期刊、音乐、电影、照片、 paintings, sculptures, digital files, sound recordings, computer programs, websites, dance choreography, architecture, and vessel hull designs. The copyright on creations also extends to the copying, distribution, displaying, and performance of derivative works. Copyright also covers unpublished works.

Where does this leave educators, students, and researchers? Read on.

What is Fair Use?

Copyright not only protects creators and their creations, it also legally establishes 公众获取和使用受版权保护作品的辩护立场 for educational and research purposes.

In Section 107 of Chapter 1 of Title 17 of the United States Code, fair use is explained as a limitation to the exclusive rights of copyright holders. The section reads:

[...] the fair use of a copyrighted work [...] 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 作品在任何特定情况下是否属于合理使用，应考虑的因素 include -
(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.

这四个因素似乎模棱两可，因为它们是指导方针，而不是明确的 restrictions. The determination of fair use vs. copyright infringement is often made on a case-by-case basis. Often, questions help the four factors make more sense:

1. The purpose and character of the use. Is this for educational or research purposes (More Fair)? Or is it for commercial or for-profit purposes (Less Fair)?

2. The nature of the copyrighted work. 这项工作是真实的和发表的，像期刊文章一样(更公平)? Or is it a creative or artistic work, like a novel or an artwork (Less Fair)?

3. The amount and substantiality used. Will only a small portion be used (More Fair)? Or will a large portion, all of it, or the most important part of large work be used (Less Fair)?

4. The effect of the use upon the potential market for or value of the copyrighted work. 这是否会降低销量或使作品比现在更广泛地获得 is (More Fair)? Or will using the work stop others from purchasing the entire work or make the important parts available to many for free (Less Fair)?

A helpful resource for understanding the four factors better is Using the Four Factor Fair Use Test (UT Austin).

The Copyright and Fair Use information above is from Swisher Library's Copyright & Fair Use page. Please visit for more information and frequently asked questions on copyright, fair use, and the library.

Intellectual Property in the University community

Read the Jacksonville University Intellectual Property Policy

The United States Government has protected materials considered Intellectual Property since its inception. There are three practical reasons for this:

1. To protect the ideas of creative people so that they are motivated to keep creating. 这种动机通常来自于为创造者获得经济利益.

2. To make sure the country has citizens that promote the highest degree of excellence in scientific and artistic endeavors.

3. To encourage people to purchase innovative, and eventually improved, versions of those creative items as it benefits the national economy.

1999年，人们认为在线课程上的材料是 被认为可以代替课堂上展示的材料，而且 copyright remains with the professor. The TEACH (Technology Education and Copyright Harmonization) Act was established as part of a series of amendments to the Digital Millennium Copyright Act of 1998 to ensure this point. According to Audrey Latourette, “《全球赌博十大网站》实质上适用于教师豁免和合理使用辩护 online education, but only to the extent that online delivery is a comparable replacement 对于发生在的材料的类型和数量，性能或显示 the classroom and that transmission be limited to students enrolled in the course,” 尽管她确实继续评论那些受版权保护的材料(照片，音乐) (视频剪辑)很容易被侵犯，因为有太多的人可以这么做 access to the material.

The University of California system has a succinct list that is helpful in summarizing the TEACH act, where it states to be compliant, course materials can be utilized by instructors in the following ways:

1. Display (showing of a copy) of any work in an amount analogous to a physical classroom setting.

2. Performance of nondramatic literary works.

3. Performance of nondramatic musical works.

4. Performance of "reasonable and limited" portions of other types of work (other than 非戏剧文学或音乐作品)数字教育作品除外.

5. Distance-education students may receive transmissions at any location.

6. Retention of content and distant student access for the length of a "class session."

7. Copying and storage for a limited time or necessary for digital transmission to students.

8. 数字化部分的模拟作品，如果没有数字版本可用或如果 digital version is not in an accessible form.

One particularly notable point in this list is with item 4. Note that dramatic works, such as a commercial film, fits into this category. This means that you cannot put a complete film online for student viewing UNLESS it is a film created for educational intent. 因此，放映一部美国历史系列电影由 National Endowment for the Arts would likely fit in this category, but a showing of the commercial film Amadeus would not.

In the case Vanderhurst v. Colorado Mountain College District, 16 F. Supp. 2d 1297 (D.Colo. 1998年)，一位兽医教授设计了他正在教授的课程大纲. Though the professor claimed to be the owner of the course design, and not only did he want to be able to use it in the future, he wanted to prevent the university from using it. The court decided to rule in favor of the university, as it was in the professor’s duties as a faculty member to develop the course.

When many people think about copyright, they are too busy consumed with how one person 可以被利用，这样别人就可以声称是原创了吗 idea. 但通过我在音乐行业的经历，我发现要用术语来思考 首先是经济利益，版权的整个概念变得更加清晰.

杰克逊维尔大学的知识产权政策如何适用于我?

Faculty as instructor

Any of the materials created for a course offered at Jacksonville University, as long 由于材料不连接到外部资金，如赠款，属于 the faculty member. That’s because they paid money to get their degrees that has shaped their original thinking. If they leave JU, their thoughts go with them.

Since the materials are created by the instructor for their own use, the faculty member is not expected to get additional compensation from the university. This would include lecture materials, such as a PowerPoint or Blackboard design. Further, since the university is not paying the faculty member for a specific design, the faculty member can take this with them if they leave.

由于课程材料是在杰克逊维尔大学使用的，学校可以 use the materials for other instructional or administrative purposes. A good example of the instructional use is a syllabus adapted for another class. An instance of the 行政使用是根据全球网络赌博平台的教学大纲或课程描述提供给SACS accreditation review.

如果需要，教师可以使用任何类型的媒体来展示学生的照片或作品 是为学生的课程创建网站、视频或其他课程材料吗 is in, and the development of that course. An example of this is that an instructor can website for a nursing course showing pictures of former nursing students working in the field. 他们不能将学生的照片或作品用于其他目的，除非 the student signs a releases granting this privilege.

教师可以使用他人创作的部分材料进行教学 purposes (aka “fair use”). For example, a faculty member can Xerox a few pages out 给他们的班级作为讲义来说明一个特定的观点. But you certainly can’t give them the book for free, or even the whole chapter, because it restricts the author and publisher’s ability to make money. A whole chapter could be in a book of collective essays, written by different authors. One essay could be 他们学科中最具开创性的研究，和书的销量息息相关 that essay.

Often people ask me, “how much can I use?” My generic answer is, "if the work of someone 否则提高你自己的一小部分，那么你可能是安全的." But if the work of someone else is used and you have the potential to hinder their ability to make money, then you need to ask for permission. Often, the copyright holder will grant permission if it just a small amount. For example, if I quote lyrics from a 在我的书中，没有人会想到它会影响唱片的销量. But I still have to ask Warner Brothers Publishing for permission.

How do I get permission? The best way is to have the author grant it to you, but there is the Copyright Clearing Center that can handle that for you. The copyright holder pays them a fee.

Faculty as creator and researcher

Though Jacksonville University isn’t what many consider a “Type I” research institution, there is a considerable amount of intellectual activity on campus. The basic idea 是一个机构为一个创意项目提供了财政支持还是 invention, then they are entitled to a portion of the profits that the invention might generate. 例如，如果一位科学家利用JU实验室开发了一种癌症疫苗， 销往世界各地，JU应该得到一部分，因为他们买下了实验室 并支付了研发所需的电费.

如果通过将发明授权给外部公司产生资金，则 income is divided this way

1. Inventor/Author (and their heirs) personal share - 50%

2. Inventor/Author's Department - 20%

3. University share - 30%

Faculty members have a primary responsibility to Jacksonville University first, and any other financial opportunities that emerge second. It is possible that someone 可以在校园里发明一些东西，然后加入授权业务来开发吗 the new product. In order to avoid any ‘conflict of interest,’ the faculty member is obligated to inform the university in writing that it is planning on working with 外部公司，以完全了解的活动是不妨碍的 关于教师的一般义务(研究、服务和教学).

Have an invention?  The first step is to disclose the discovery to the institution. Click here for the 2021 Invention Disclosure Form.

 

Students

只要数字媒体还存在，就会有侵犯版权的行为. Important economic models such as the music industry can be crippled if people can use copyrighted material without financial compensation.

Like many member of society, students will want things for free. Students consider music and software particularly valuable. Swapping songs, movies, software and even pictures is illegal. It hurts the industry that created the material in the first place. 因此，杰克逊维尔大学采取了限制使用的政策 of known websites that distribute illegal materials to the best of their ability so that if anyone wants to violate the law, they have to use their own mechanism to do so.

An essential component in education is to cultivate thought. That means that to simply use the thoughts of others without giving them credit is wrong. But it is best to 要么在你的整体论点的背景下解释为什么其他人或错误. Plagiarism is something that academics at all levels have had to watch out for over a long period time. As you write, ask yourself, “is this really my idea?” Then ask, “can I use the ideas of others to help formulate my own ideas?” your degree is earned by in large by how you have learned how to think. If you think economically, an employer hires you in accordance to your accomplishments. Your degree represents an accomplishment that states imply you know how to think at a certain level.

Staff

虽然员工通常不被认为是创意社区的一部分，但他们 是否可以为软件或建筑实施设计，他们正在为之创作作品 “雇佣”，因为他们是完成雇主特定任务的一部分.

Like students and faculty, staff members are not to use the creations of others without seeking the appropriate permissions if applicable. The general rule of thumb is that 如果原创的人或机构因为你的错误而赔钱 使用，特别是如果你应该支付，而我没有，那么你很可能违反 copyright.”

When the university employs a photographer, the photos taken by the photographer for the university revert to the university since the photos are considered a “work for hire. 雇佣作品是将版权转让给一个组织(在全球网络赌博平台的例子中， (大学)雇用或委托职员或外部雇员 准备或创作他们通常能够保留版权的作品. This has been supported by the cases Manning v. Board of Trustees of Community College District No. 505 (Parkland College), 109 F. Supp. 2d 976 (C.D. Ill. 2000) and Foraste v. Brown University, 248 F. Supp. 2d 71 (D.R.I. 2003)

Portions of movies can be shown in a lecture or online. The copyright defines this as “limited and reasonable,” and it should be understood that this is a portion to illustrate a point. Full movies can be shown in if they are created for educational settings, such as a documentary in a Humantieis class.

Non-employees

有时，学校会聘请顾问和独立承包商. The 外部顾问保留任何创造性的权利，除非有书面例外 included in the agreement. Examples of the exception could be the design of a logo, 图书馆资料编目:用于编目图书馆资料的建筑物或软件的设计. Essentially 如上文工作人员一节第3项所述，这项工作是“供租用”的.

Links to resources

• http://www.copyright.gov/docs/regstat031301.html
• http://www.forumonpublicpolicy.com/archivespring08/holmes.pdf
• http://copyright.universityofcalifornia.edu/use/teaching.html
• Audrey W. Latourette, "Copyright Implications for Online Distance Education," (2006), 32 J.C. & U.L. 613 at 624
• http://www.nea.org/home/62188.htm
• http://copyright.columbia.edu/copyright/copyright-ownership/work-for-hire-case-summaries/

Why Students Plagiarize

Why do students plagiarize? Exploring what students are thinking when they copy work belonging to others, this session shares insights gained from listening to students’ voices and delving into their behaviors and motivations.

In this free 30-min on-demand webcast, "Why Students Plagiarize," educational psychologist and author, Jason Stephens explores why students cheat even when they believe it is morally wrong. He talks about three common motivational patterns that drive academic dishonesty:

• Under Pressure: High performance goals or high extrinsic motivation
• Under-interested: Low mastery goals or low intrinsic motivation
• Unable: Low efficacy or low perceived sense of ability