PURPOSE / SCOPE:
The purpose of the Copyright and Fair Use Policy is to outline responsibilities and procedures regarding the use of third-party copyright material, with the objectives of reducing faculty, staff, students, and ICOM’s exposure to the risks associated with the use of third-party copyright material; assisting faculty, staff, and students to make full legal use of the materials at their disposal by clearly identifying responsibilities; and promoting copyright compliance.
It is the policy of the Idaho College of Osteopathic Medicine to respect the copyright protections provided by federal and state laws, including protections for digital materials and software. It is against ICOM policy for faculty, staff or students to use ICOM equipment or services to access, use, copy or otherwise reproduce or make available to others any copyright-protected materials, including digital materials and software, except as permitted under copyright law (especially with respect to "fair use") or specific license. ICOM expects all members of the ICOM community to follow applicable procedures to determine the ownership of copyrights and manage copyrights owned by ICOM.
The copyright principles that apply to instructional use of copyrighted works in electronic format are the same as those that apply to such use in print format, regardless of the electronic content (such as textual or audio-visual) or where it is stored (such as a learning management system or electronic reserves). Any scholarly classroom or print use of copyrighted course content that would require permission from the copyright owner will likewise require permission when the course content is made available electronically.
ICOM also recognizes that the exclusive rights of copyright holders are balanced by limitations on those rights under federal copyright law. The fair use provision of the Copyright Act (Section 107) allows limited use of copyrighted material for purposes such as teaching, scholarship, or research without requiring prior permission from the copyright holder. This statue lists four factors to be weighed when analyzing the proposed use in order to determine whether it is a fair one. This fact-driven, case-by-case fair use analysis should be considered carefully when deciding whether or not permission is required. When linking to materials is not possible and making a copy of the material is necessary, permission is not required for works that are offered freely under a Creative Commons license (http://creativecommons.org/) and for works that are in the public domain (in general, material published before 1923). For other materials, a fair use analysis should be considered.
Please contact the Idaho College of Osteopathic Medicine’s Library for a copy of the Copyright and Fair Use guidelines. If it is determined that fair use does not apply to a proposed use, permission must be obtained.
All ICOM faculty, staff and students are asked to respect copyright laws and reference or cite sources appropriately. Releasing unpublished research data or unprotected intellectual property may impair its protection. Similarly, releasing published and/or copyrighted information without proper permission is a violation of law and ICOM policy. Plagiarism applies online as well.
Chief Legal and Compliance Officer