The DSC Policy 3.10 and Procedure 310 address issues of copyright and trademark ownership. The procedure governs the respective ownership rights of the College and all of its employees, both academic and non-academic, in copyrightable material produced within the scope of employment or otherwise arising out of the participation of individuals, including students, in the activities of the College. Please review Policy 3.10 and Procedure 310 for additional details on copyright and trademark ownership.
Daytona State’s Library has information on open source and copyright at the following locations:
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
To reproduce the work in copies;
To prepare derivative works based upon the work;
To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display 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; and
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in Section 106A of the 1976 Copyright Act. For further information, request Circular 40, “Copyright Registration for Works of the Visual Arts.”
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
Reproduced in full:
The College encourages the development and production of educational work products. All work products subject to copyright produced by faculty and staff of the College utilizing its facilities shall be the property of the College. Should a faculty or staff member develop a work product as a result of his/her individual initiative, without the use of College facilities, and during non-duty hours, ownership shall reside with the individual author. The Board shall consider the relative contribution by the personnel employed in the development of such work products, and may enter into binding agreement with such personnel, organizations, corporations, or government entities, which agreements shall establish the percentage of ownership of such copyrights, and each party's respective rights and obligations.
The fair use of a copyrighted work, including such use by reproduction in copies or photo-records or by any other means specified by that section, 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 of a work in any particular case is a fair use the factors to be considered shall include:
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.