Intellectual Property

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What is Copyright?

Copyright is the affirmation of the rights of authors, inventors, creators, et cetera of original works. 它旨在通过以下方式促进作者身份、发明和创造 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):

"...to promote the Progress of Science and useful Arts, by securing for a limited 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. 受版权保护的创作包括(但是) are not limited to): books, plays, journals, music, motion pictures, photographs, paintings, sculptures, digital files, sound recordings, computer programs, websites, 舞蹈编舞、建筑和船体设计. The copyright on creations also extends to the copying, distribution, displaying, and performance of derivative works. Copyright also covers unpublished works.

这让教育者、学生和研究人员何去何从? Read on.

What is Fair Use?

Copyright not only protects creators and their creations, it also legally establishes the defensible position of the public to access and use copyright-protected works for educational and research purposes.

In Section 107 of Chapter 1 of Title 17 of the United States Code, fair use is explained 作为对版权所有者专有权的限制. The section reads:

[...] the fair use of a copyrighted work [...的目的，如批评，评论， news reporting, teaching (including multiple copies for classroom use), scholarship, 或者研究，不属于侵犯版权. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial 性质或用于非营利性教育目的;
(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.

The four factors seem ambiguous because they are meant be guidelines and not firm restrictions. The determination of fair use vs. copyright infringement is often made on a case-by-case basis. 通常，问题有助于让这四个因素更有意义:

1. The purpose and character of the use. 这是用于教育还是研究目的(更公平)? Or is it for commercial or for-profit purposes (Less Fair)?

2. The nature of the copyrighted work. Is this work factual and published, like a journal article (More Fair)? Or is it 创造性或艺术性的作品，如小说或艺术品(不太公平)?

3. The amount and substantiality used. 只会使用一小部分(更公平)? Or will a large portion, all of it, 或使用大型作品中最重要的部分(不太公平)?

4. The effect of the use upon the potential market for or value of the copyrighted work. Will this not reduce sales or make the work more widely available than it already is (More Fair)? 或者使用该作品会阻止其他人购买整个作品吗 或者将重要的部分免费提供给许多人(不太公平)?

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

以上版权和合理使用信息来自 Swisher Library's Copyright & Fair Use page. Please visit for more information and frequently asked questions on copyright, fair use, and the library.

大学社区的知识产权

Read the 杰克逊维尔大学知识产权政策

The United States Government has protected materials considered Intellectual Property since its inception. 这有三个实际原因:

1. To protect the ideas of creative people so that they are motivated to keep creating. That motivation usually comes in receiving financial benefits for the creator.

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 创造性的项目，因为它有利于国民经济.

It was deemed that in 1999 that materials that were placed on an online course was considered to substitute for materials that would be presented in class, and that copyright remains with the professor. 技术教育与版权 Harmonization) Act was established as part of a series of amendments to the Digital 1998年的千年版权法来保证这一点. According to Audrey Latourette, "The TEACH Act, in essence, applies the teacher exemption and fair use defense to online education, but only to the extent that online delivery is a comparable replacement for the type of, and amount of, performance or display of materials that occurs in the classroom and that transmission be limited to students enrolled in the course,” though she does go on to comment that material under copyright (photographs, music and video clips) could be infringed upon easily simply because so many could have 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. 非戏剧文学作品的表演.

3. Performance of nondramatic musical works.

4. Performance of "reasonable and limited" portions of other types of work (other than nondramatic literary or musical work) EXCEPT digital educational works.

5. 远程教育的学生可以在任何地点接收传输.

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. Digitization of portions of analog works if no digital version is available or if 数字版本不是可访问的形式.

这个列表中特别值得注意的一点是第4项. Note that dramatic works, 比如商业片，就属于这一类. This means that you cannot put a complete film online for student viewing UNLESS it is a film created for educational intent. Thus, showing a film from a series on American history with funding from the 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), a veterinary professor designed a course outline that he was teaching. 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 作为教师开发课程的职责.

When many people think about copyright, they are too busy consumed with how one person can be taken advantaged of, so that someone else can claim credit for an original idea. But I have found through my experience in the music industry to think in terms of financial benefit first, and the whole idea of copyright becomes clearer.

How does the 杰克逊维尔大学知识产权政策 apply to me?

Faculty as instructor

Any of the materials created for a course offered at Jacksonville University, as long as the materials are not connected to external funding such as a grant, belong to the faculty member. 这是因为他们花钱获得的学位已经成形 their original thinking. 如果他们离开JU，他们的思想也会随之离开.

Since the materials are created by the instructor for their own use, the faculty member 预计不会从学校获得额外的补偿. This would include 讲座材料，如PowerPoint或Blackboard设计. 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.

Since the course materials are used at Jacksonville University, the university can 将这些材料用于其他教学或管理目的. A good example 教学用途之一是为另一门课改编的教学大纲. An instance of the administrative use is a syllabus or course description provided to SACS under our accreditation review.

Faculty can use any type of media that features a student’s picture or work if it is to create a website, video or other course materials for the course the student 是什么，以及这门课程的发展. An example of this is that an instructor can website for a nursing course showing pictures of former nursing students working in the field. They cannot use the student’s picture or work for other purposes unless 学生签署一份授权该特权的同意书.

A faculty member can use portions of materials created by others for instructional purposes (aka “fair use”). 例如，教职员工可以复印几页 of a book and give them to their class as a handout to illustrate a specific point. But you certainly can’t give them the book for free, or even the whole chapter, because 它限制了作者和出版商赚钱的能力. A whole chapter could 在一本由不同作者写的集体随笔的书里. One essay could be the most groundbreaking study in their discipline, and sales of the book depend on that essay.

Often people ask me, “how much can I use?我的一般回答是，“如果是某人的工作。 else enhances a small portion of your own offering, then you are likely safe." But if the work of someone else is used and you have the potential to hinder their ability 为了赚钱，你需要得到许可. Often, the copyright holder will 如果只是一小部分，就授予许可. For example, if I quote lyrics from a Van Halen song in my book, no would expect that it would hurt record sales. But I 还得征求华纳兄弟出版公司的许可.

How do I get permission? 最好的方法是让作者授权给你 版权清算中心能帮你处理吗. 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, 校园里有相当多的智力活动. The basic idea is that if an institution has provided financial support for a creative project or invention, then they are entitled to a portion of the profits that the invention might generate. For example, if a scientist has used a JU lab to develop a vaccine for cancer, sold all over the world, JU should get a portion of this since they bought the lab equipment, and paid the electric bill for the research and development.

If there are funds generated by licensing the invention to an outside company the income is divided this way

1. 发明人/作者(及其继承人)个人份额- 50%

2. Inventor/Author's Department - 20%

3. University share - 30%

Faculty members have a primary responsibility to Jacksonville University first, and 其次是其他的金融机会. It is possible that someone could invent something on campus, and then join the licensing business to exploit the new product. 为了避免任何“利益冲突”，这位教员说 is obligated to inform the university in writing that it is planning on working with the outside company, with the complete understanding the activity is not to impede on the usual obligations (research, service and instruction) of a faculty member.

Have an invention?  第一步是向机构披露这一发现. 点击此处查看2021年发明披露表.

 

Students

As long as digital media will be around, there will be copyright infringement. Important economic models such as the music industry can be crippled if people can use copyrighted material without financial compensation.

和社会上的许多人一样，学生们想要免费的东西. Students consider music and software particularly valuable. 交换歌曲，电影，软件，甚至 pictures is illegal. 它伤害了最初创造这种材料的行业 place. As a result, Jacksonville University takes a policy that restricts the use 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.

教育的一个重要组成部分是培养思想. That means that to simply 使用别人的想法而不给予他们信任是错误的. But it is best to either explain why the others or wrong in the context of your overall argument. Plagiarism is something that academics at all levels have had to watch out for over a long period time. 当你写的时候，问问你自己，“这真的是我的主意吗?” Then ask, “can I use the 别人的想法来帮助我形成自己的想法?” your degree is earned by in large by how you have learned how to think. 如果你从经济角度考虑，雇主雇佣 你根据你的成就. Your degree represents an accomplishment 这种状态意味着你知道如何在一定程度上思考.

Staff

Though staff members are not usually thought of a part of creative community, they could implement a design for software or a building, they are creating a work ‘for hire,’ in that they are part to complete a specific task for an employer.

Like students and faculty, staff members are not to use the creations of others without 如果适用，寻求适当的许可. The general rule of thumb is that “if the person or agency who created the original is losing money because of your use, especially if you should pay for it and am not, then you are likely violating 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. A work for hire is an assignment of copyright to an organization (in our case, the University) that has hired or commissioned a staff member or outside employee to prepare or create a work that they would usually be able to retain copyright. This 曼宁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)

电影的一部分可以在讲座或网上播放. The copyright defines this as “limited and reasonable,” and it should be understood that this is a portion to illustrate a point. 完整的电影可以显示，如果他们是为教育而创建的 设置，例如人文学科课上的纪录片.

Non-employees

On occasion, the university will hire consultants and independent contractors. The outside consultant retains any creative right unless there is a written exception included in the agreement. 例外的例子可能是一个标志的设计， the design of a building or software used to catalog library materials. Essentially the work is ‘for hire,’ as discussed in item 3 in the staff section above.

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, “在线远程教育的版权含义”， (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? 探索学生在抄作业时的想法 belonging to others, this session shares insights gained from listening to students’ 并深入研究他们的行为和动机.

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. 他谈到了三种常见的动机模式 that drive academic dishonesty:

• Under Pressure: 高绩效目标或高外在动机
• Under-interested: 低掌握目标或低内在动机
• Unable: 低效能或低感知能力