FAIR USE · University of Denver Guidelines
Increasingly, University faculty and staff are utilizing electronic information technology to enhance their curricular endeavors. Because the law is in a state of flux with respect to intellectual property rights of authors and creators as it relates to electronic media, it is imperative that we structure our policies so as to comply with the spirit of the "Fair Use" doctrine relating to permitted educational uses. This is particularly true in the circumstance of non face-to-face teaching environments. Until some certainty is achieved in the law on this subject, the following guidelines will govern the University community.
First, you are directed to review the excellent web site titled "Fair Use of Copyrighted Materials" and its various subsections, maintained by the University of Texas at www.utsystem.edu/ogc/intellectualproperty. After much study, we find the Texas approach, authored by Georgia K. Harper, Esq. (Manager of the Intellectual Property Section of its Office of General Counsel) to be the most insightful and practical statement on this subject. It also has the advantage of being updated regularly as this very controversial subject continues to evolve. The policy statement below assumes you have reviewed the Texas policy called "Rules of Thumb," and you are directed to apply those concepts as though fully stated here.
The following four requirements are applied by the University with respect to appropriate usage of electronic media to display or transmit proprietary materials such as excerpts from written text, music, photographs, motion pictures/video clips (hereafter "Excerpts") in class related presentations. "Images" represent particularly sensitive issues and should be the subject of careful consideration.
(As a general reminder, there are four guidelines built into the Copyright law that assist in determining whether a use qualifies as a Fair Use. These rules apply regardless of whether electronic media or more traditional means of presentation are used.)
Please remember that you may have personal liability for infringement if you exceed the Fair Use exceptions to the Copyright Law. Use common sense and your own sense of basic fairness in considering a proposed use of a proprietary work. If consent is easily obtained, then do so. In the event of a particularly difficult Fair Use issue, please contact your Department or Division Head or the office of the Vice Chancellor for Intellectual Property & Events. You may also contact the office of the Dean of our library system if the matter pertains to the reserve system.
Office of Intellectual Property & Technology Transfer
Office: The Cable Center, 2000 Buchtel Blvd., Denver, CO 80210
Mail: Ritchie Center, 2240 E. Buchtel Blvd., Denver, CO 80208
Telephone: 303.871.4230· FAX: 303.871.4514· E-mail: email@example.com
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