System Procedures
Chapter 3 - Educational Policies
Part 1. Purpose
To provide guidance on clearing the copyright of materials prior to use.
Part 2. Applicability
This procedure applies to employees and students at Minnesota State colleges, universities, and system office.
Part 3. Definition
Copyright Clearance
The act or process by which a person ensures a proposed use of materials is in compliance with copyright law.
Part 4. Copyright Clearance
Employees and students are responsible for clearing the copyright of materials before use. Clearing the copyright of a copyrighted work may be done by determining that a proposed use is authorized by the Copyright Act; conducting a fair use or TEACH Act analysis; determining the materials are in the public domain or are not eligible for copyright protection; determining the materials are available through an open or Creative Commons license; are an Open Educational Resource; or by obtaining written permission from the copyright holder. Permissions obtained from a copyright holder, such as a digital or hard copy of a Creative Commons License, must be retained in accordance with the applicable records retention schedule at the college or university. Employees and students needing assistance with copyright clearance issues may consult with the system director for intellectual property, a college or university librarian, or system legal counsel.
Related Documents:
- Board Policy 3.26 Intellectual Property
- Board Policy 3.27 Copyrights
- System Procedure 5.22.1 Acceptable Use of Computers and Information Technology Resources
- Minnesota State IP/Copyright Tools and Forms
- Minnesota State Copyright Resources
- U.S. Copyright Office
- 17 U.S.C. §§ 101-810 Copyrights
System Procedure History:
Date of Adoption: 06/08/10
Date of Implementation: 06/08/10
Date of Last Review: 12/06/19
Date & Subject of Amendments:
12/06/19 – Relocated copyright clearance example from the definition in Part 3 to Part 4, added librarian and system legal counsel in Part 4 while deleting intellectual property coordinator.
1/25/12 - The Chancellor amends all current system procedures effective February 15, 2012, to change the term "Office of the Chancellor" to "system office" or similar term reflecting the grammatical context of the sentence.
No additional HISTORY.
