CT(LEGAL) -

Copyrighted Material

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; and

Architectural works.

17 U.S.C. 102

Ownership of Copyright

Work for Hire

A work prepared by an employee within the scope of his or her employment; or

A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

17 U.S.C. 101

Transfer Ownership

17 U.S.C. 201(d)

Registering a Copyright

Exclusive Rights

To reproduce the copyrighted work in copies or phonorecords;

To prepare derivative works based upon the copyrighted work;

To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform 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, to display the copyrighted work publicly; and

In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

17 U.S.C. 106

Fair Use

The purpose and character of the use, including whether the use is of a commercial nature or for nonprofit educational purposes.

The nature of the copyrighted work.

The amount and importance of the portion used in relation to the copyrighted work as a whole.

The effect of the use upon the potential market for or value of the copyrighted work.

17 U.S.C. 107

Performances and Displays

Face-to-Face Teaching Activities

Distance Education

The performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution;

The performance or display is directly related and of material assistance to the teaching content of the transmission;

The transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to students officially enrolled in the course for which the transmission is made or officers or employees of governmental bodies as a part of their official duties or employment; and

The transmitting body or institution:

institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and

in the case of digital transmissions:

applies technological measures that reasonably prevent retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and unauthorized further dissemination of the work in accessible form by such recipients to others; and

does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.

17 U.S.C. 110(2)

Guidelines

Prohibitions

Copying of print materials and sheet music to create or replace or substitute for anthologies, compilations, or collective works. This prohibition against replacement or substitution applies whether copies of various works or excerpts are accumulated, or reproduced and used separately.

Copying of or from works intended to be "consumable" in the course of study or teaching. These works include workbooks, exercises, standardized tests, test booklets, answer sheets, and like consumable material.

Copying for the purpose of performance, except as permitted under the "Guidelines for Educational Use of Music."

Copying for the purpose of substituting for the purchase of music, except as permitted under the "Guidelines for Educational Use of Music."

Copying without inclusion of the copyright notice that appears on the printed copy.

Reference

Broadcast Programs

A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by the college district for a period not to exceed the first 45 consecutive calendar days after date of recording. At the end of that retention period, off-air recordings shall be erased or destroyed.

Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary during the first ten consecutive school days within the 45-calendar-day retention period. "School days" are actual days of instruction, excluding examination periods.

Off-air recordings shall be made at the request of and used by individual teachers and shall not be regularly recorded in anticipation of requests. No broadcast program shall be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program is broadcast.

A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording. All copies of off-air recordings shall include the copyright notice on the broadcast program as recorded.

After the first ten consecutive school days, off-air recordings may be used up to the end of the 45-calendar-day retention period only to determine whether or not to include the broadcast program in the teaching curriculum and shall not be used in the college district for student exhibition or any other nonevaluative purpose without authorization.

Off-air recordings need not be used in their entirety, but the recorded programs shall not be altered from their original content. Off-air recordings shall not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

17 U.S.C. 107 historical note

Copyright Infringement

Online Copyright Infringement

Limitation of Liability

Eligibility for Limitations on Liability

Has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and

Accommodates and does not interfere with standard technical measures. The term "standard technical measures" means technical measures that are used by copyright owners to identify or protect copyrighted works and:

Have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;

Are available to any person on reasonable and nondiscriminatory terms; and

Do not impose substantial costs on service providers or substantial burdens on their systems or networks.

17 U.S.C. 512(i)

Limited Liability

Information Residing on Systems or Networks at Direction of Users

Does not have actual knowledge that the material or activity using the material on the system or network is infringing; in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

Does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity;

Upon notification of claimed infringement as described in 17 U.S.C. 512(c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity; and

Has designated an agent to receive notifications of claimed infringement described in 17 U.S.C. 512(c)(3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, certain contact information.

17 U.S.C. 512(c)(1)–(2); 37 C.F.R. 201.38

Faculty Performing Teaching or Research Functions

Such faculty member's infringing activities do not involve the provision of online access to instructional materials that are or were required or recommended, within the preceding three-year period, for a course taught at the institution by such faculty member;

The institution has not, within the preceding three-year period, received more than two notifications described in 17 U.S.C. 512(c)(3) of claimed infringement by such faculty member, and such notifications of claimed infringement were not actionable under 17 U.S.C. 512(f); and

The institution provides to all users of its system or network informational materials that accurately describe, and promote compliance with, the laws of the United States relating to copyright.

17 U.S.C. 512(e)

Other Online Services

Disabling or Removing Access

Note: Further information regarding copyrights and the Digital Millennium Copyright Act can be found on the U.S. Copyright Office website.

Trademarked Material Under Federal Law

"Trademark"

"Service Mark"

"Certification Mark"

"Collective Mark"

15 U.S.C. 1127

Registering a Mark

Assignment of a Mark

Liability

Uses in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or

Reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.

15 U.S.C. 1114(1)

Note: Further information regarding trademarks can be found on the U.S. Patent and Trademark Office (USPTO) website.

Trademarked Material Under State Law

Registration

Assignment of a Mark and Registration

Infringement

Without the registrant's consent, uses anywhere in this state a reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with selling, offering for sale, or advertising goods or services when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services; or

Reproduces, counterfeits, copies, or colorably imitates a registered mark and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package, wrapper, receptacle, or advertisement intended to be used in selling or distributing, or in connection with the sale or distribution of, goods or services in this state.

Business and Commerce Code 16.102(a)–(b)

Note: Further information regarding state trademarks can be found on the Texas Secretary of State website.

Patents

"Invention"

"Process"

Obtaining a Patent

Assignment of Patent

Infringement of Patents

35 U.S.C. 271(a)–(c)

Note: Further information regarding patents can be found on the USPTO website.

Texarkana College

CT(LEGAL)-LJC

UPDATE 28

DATE ISSUED: 3/7/2013