Student & Faculty Resources

Links to information about laws, policies, and regulations that most directly affect students' college experiences and some specific resources for faculty.

FERPA & College Records

In 1974, Congress enacted the Family Educational Rights and Privacy Act (FERPA), which places restrictions on any school, college or university receiving federal funds over the release of student records. On this site, you'll find information on MCCCD's policies that were adopted to comply with FERPA requirements as well as other pertinent laws regarding access to other forms of official records.

 

FERPA Training

There are now two separate courses that fulfill different FERPA/student data access requirements. New employees should complete the courses required of their position within 30 days of their hire date.

The new version of the Information Security and Privacy Awareness course now contains a FERPA module. This training must be done annually.

  • All employees and POI’s (Persons of Interest) are automatically enrolled
  • Annual renewal requirement
  • Fulfills the old FERPA course requirement.
  • Login to the Employee Learn Center using MEID and password. Navigate to My Learning>My Learning Plans> Annual Information Security and Privacy Awareness.
  • Complete all three courses with an 80% or higher to fulfill this requirement.

FERPA: Level II – Role Access course has been developed for employees with higher-level access. This training must be done annually and an acknowledgement must be signed.

  • Residential faculty, POIs, and staff with access to the Student Information System (SIS) are required to take this course
  • Annual renewal requirement
  • Login to the Employee Learn Center using MEID and password. Navigate to My Learning>My Learning Plans> FERPA: Level II.
  • If you identify that either you or your staff have not been enrolled in the course, or if you have a new employee who needs to enroll in the course, you can follow the self-registration instructions.
  • Complete the course with an 80% or higher to fulfill this requirement.

Page Updated 07/12/18

A FERPA Primer

A FERPA Primer

Every day, questions arise over a student's right to privacy, particularly about the confidentiality of grades. The following information should provide guidance for faculty, staff, and students regarding FERPA.

In 1974, Congress enacted the Family Educational Rights and Privacy Act--known as "FERPA"--and things changed. The Act imposes on any school, college or university that receives federal funds, restrictions over the release of student records. Since this includes the Maricopa Community Colleges, the district has adopted policies that comply with FERPA requirements.

Students at any of the Maricopa Community Colleges or centers may have access to their own educational records. This includes nearly all information maintained by the college or center, which is directly related to the student. In most cases, an educational record that's "directly related to a student," consists of grades, registration, financial aid, and attendance information. Students who are attending college classes on college campuses or online are the owners of their educational record, regardless of their age. Prior to any disclosure of information from the student’s educational record, the student  must give written permission for the disclosure, identifying to whom the disclosure is to be made, what documents are to be disclosed, and for what purpose the documents are to be disclosed.

FERPA protects a student's educational record, regardless of how the record is maintained and who maintains it. An educational record consists of paper as well as electronic and video graphic data. Besides grades, it typically includes registration information, financial aid documents, test scores, comments, evaluations and similar assessments about a student, maintained by an instructor, counselor or any other school official.

FERPA prohibits any person connected with the institution--including administrators and faculty--from improperly disclosing student information.

At institutions of higher education, students may authorize the release of their educational records--but only the student has the exclusive right to decide whether or not to authorize the release, which means—in most cases—even a student's parent may not demand the release of the student's educational record.

Moreover, students' access to their own educational records--as well as the right to limit disclosure of those records--continues even after they graduate or otherwise leave the institution.

There are some circumstances however where educational records may be released without a student's permission. For instance, records may be disclosed to other school officials--including teachers, within the institution--whom the institution has determined to have legitimate educational interests.

An institution may also release educational records in response to either a judicial order or a lawfully issued subpoena, after first providing the student with reasonable notice of the order or subpoena so the student may seek court protection stopping the disclosure. Under limited circumstances, records may be released to appropriate parties in connection with an emergency--but only if the information is necessary to protect the health or safety of the student or other individuals.

Occasionally, a school official may be asked, or volunteer, to write a letter of recommendation on behalf of a student. This usually wouldn't require the student's written release or authorization. But if the letter includes information that falls within FERPA's definition of educational records--such as grade point average or class ranking--the student's consent to include such information would be necessary.

The U.S. Department of Education’s Family Policy Compliance Office (FPCO) is charged with enforcing FERPA and it has created a detailed complaint procedure for those who feel an institution has violated their FERPA rights. It's important, then, for anyone with access to students' educational records, to use professional judgment when sharing such records. Information about the FPCO can be found at: https://www2.ed.gov/policy/gen/guid/fpco/index.html

To ensure that student records are not accessible to other students or unauthorized individuals, instructors and other school officials should exercise caution in the way student records are maintained.

In the past, publicly posting grades or test scores on bulletin boards or an office door was common practice. But under FERPA, this practice is prohibited. The Act does not allow posting grades associated with a student's name or social security number. Even using a student-identity code in such postings isn't advised, since the code could be deciphered by others.  Additionally, passing around a class roster for attendance taking purposes or calling roll from a list of students registered for the class constitute a FERPA violation because the student’s registration is a protected educational record.  Faculty members can send around a blank sheet of paper for students to sign-in for attendance purposes.

If you receive a request for a student's educational records from anyone other than the student, forward the request to the admissions and records department.

The staff there can best determine how to respond while honoring FERPA protections to preserve the confidentiality of the student's educational records.

If you have questions or would like additional information about FERPA, please contact the Office of the General Counsel.

Page Updated 07/13/18

Symplicity Resources

Useful training handouts and videos to navigate the Advocate/Symplicity Database

Advocate/Symplicity Account Request

Resource Description Resource Link
How to find your school's logo and upload it to Symplicity to use in customizable letters. Uploading a Logo to a Symplicity Leter
Instructions on how to add your 'wet' signature to Symplicity so that correspondence will have your signature included. Adding a Digital Signature to Your Symplicity Profile
Running a custom report in Symplicity Custom Reports in Symplicity

Outlines how to setup, configure, and customize the Training Module so that users can begin processing, creating and tracking trainings. Includes information on Training Forms, Picklists, and Creating a Training

Training Manager Set-up Guide

Includes how to add additional information to Incident, Care, Security, and Title IX cases after the original report is submitted. Includes information on Note Form(s), Adding Note(s), and Requesting Feedback from a Third Party

Using Notes Guide

Includes information and screenshots of The Home Page, the Left Navigation Menu, Tabs, Advanced Search and other basic information and guides

Navigating in Advocate/Symplicity

Includes directions and screenshots of creating email and letter templates

Creating Email and Letter Templates

Includes information on uploading letterheads to letter templates

Letterhead to Templates

Includes directions and screenshots of notifying staff members of all submitted CARE Reports   

Setting up Care Report Notifications

Includes information and screenshots of user rights, Title IX Forms, Picklists, Title IX Actions, and Title IX Resolutions 

Title IX Manager Set-up Guide

Includes how to set SMS Messaging, Creating SMS Templates, and User Rights

Messaging Service with SMS

Includes information on collecting CARE Reports, Public CARE Reports, and Processing a CARE Report

Lifecycle of a CARE Report

Includes an overview of the general lifecycle of an incident, from creation to completion 

Lifecycle of an Incident Report

Includes a basic overview of workflow options including Title IX Actions

Lifecycle of a Title IX Report

Provides updated Title IX Definitions Advocate Title IX Definitions
Provides information on data visualization and reporting August 2020 Release Notes

 

Video Links

Title IX - Phases and Workflows                       Title IX - Dashboard

Title IX - Action Types                                         Training Manager Module

Title IX Manager - New Settings                       Title IX - User Rights and Creating Hearing Packets

Title IX Reports - Controlling Access                Title IX - Manager Information

Harassment

The Maricopa County Community College District has long observed a strict policy against sexual harassment of students and employees. This site offers the complete text of that policy, along with useful tools and information to help you recognize--and enforce against--conduct that might be sexual harassment.

Page Updated 08/30/18

Discrimination Complaint Procedures for Students

This procedure provides a means for resolving complaints by students who believe they have been adversely affected by illegal or prohibited discrimination by the Maricopa County Community College District (MCCCD), a member college or center, or their students or employees.

Complaints may be brought under this procedure for discrimination based on race, color, religion, national origin, citizenship status (including document abuse), sex (including pregnancy and sexual harassment), sexual orientation, gender identity, age, veteran status, physical or mental disability, or genetic information. The entire college community should act promptly upon receipt of an allegation of conduct that might constitute discrimination. Any member of the college community should refer a person who might be a victim of such conduct to these procedures, as well as to the college officials responsible for conducting an investigation pursuant to these procedures.

Students who believe they are experiencing sexual harassment may submit a complaint under Sexual Harassment Policy for Students 2.4.4. If a student has been a victim of sexual assault, a complaint may also be filed with College Public Safety (CPS).

All deadlines prescribed for Report, Informal Resolution and Formal Resolution processes may be extended by the Vice President of Student Affairs for good reason, such as (but not limited to) when classes are not in session or upon mutual agreement by the parties. Notwithstanding any deadline extension, college officials should take all necessary steps to ensure prompt and equitable resolution of any complaint of discrimination.

Information related to MCCCD’s Discrimination Complaint Procedure for Students is also available from the Office of General Counsel at 480-731-8418.

Informal Resolution of Discrimination Complaints

Before filing a formal complaint under this procedure, a student may attempt to resolve the problem through informal discussions with the person claimed to have engaged in discriminatory conduct and that person’s supervisor or department head. The supervisor or department head will notify the Vice President of Student Affairs to assist in the informal resolution process. The Vice President of Student Affairs may designate an employee to provide such assistance. If a student alleges discrimination based upon physical or mental disability the Vice President of Student Affairs, who is designated at each college as the ADA/504 coordinator or the Associate Vice Chancellor of Student Affairs, who is designated as the District ADA/504 Coordinator, will assist directly in the informal resolution process. Each Vice President and the Associate Vice Chancellor has knowledge of the ADA/504 regulations applicable to students with disabilities. The Vice President of Student Affairs may modify or reject an informal resolution of a complaint of discriminatory conduct under this process if, in the judgment of the Vice President, the resolution that is proposed is not in the best interests of both the student and the institution. The Vice President shall take such action no later than fifteen (15) calendar days after receiving notice of the informal resolution.

Attempts to informally resolve alleged discrimination should occur within ninety (90) calendar days of the most recent alleged discriminatory act. The college official responsible for this informal resolution process should ensure that the process is concluded promptly. For complaints dealing with alleged discrimination beyond the 90-day time-frame, a student must submit a complaint under the formal resolution procedure of this policy.

If the complaint cannot be informally resolved to the satisfaction of the student, the student has the right to file a complaint and to proceed under formal resolution procedures.

Formal Resolution of Discrimination Complaints

A student who contends that unlawful or MCCCD-prohibited discrimination has occurred may file a formal complaint by contacting the Vice President of Student Affairs at each respective college or center. If a student alleges discrimination based upon physical or mental disability he or she may submit a formal complaint with the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs. The Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs or designee will accept complaint filings.

A complaint may be submitted by the student verbally or in writing. A student may also contact the Office of General Counsel to obtain the name and phone number of the college or center official designated to respond to discrimination complaints.

The complaint must identify the action, decision, conduct, or other basis that the student believes is unlawful or MCCCD prohibited discrimination

Upon receipt of a complaint, the Vice President of Student Affairs or the Associate Vice Chancellor will notify the college president or provost and the Office of General Counse

A copy of the complaint will be shared with the respondent within five (5) working days of receipt by the Vice President of Student Affairs Respondent will be put on notice that retaliation against the complainant or potential witnesses will not be tolerated and that an investigation will be conducted. If the student submits a written complaint, the Vice President or the District Associate Vice Chancellor need not share with the respondent the actual form submitted by the student, but may paraphrase the allegations sufficiently to allow the respondent to draft a response.

Respondent must provide a written response to the allegations within fifteen (15) calendar days of his or her receipt of the complaint

After accepting a complaint, the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs will designate a complaint investigator to conduct a fact-finding investigation, which will include, at a minimum, a review of written evidence (including the complaint and response), and interviews with appropriate employees and students.

The interviews will include all witnesses identified by all parties. If the complaint alleges discrimination based upon mental or physical disability the investigator designated by the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs must have knowledge of ADA/504 regulations applicable to students with disabilities. 34 C.F.R. §104.4 et. seq.; 28 C.F.R. §35.130 et. seq. The Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs may serve as complaint investigator. The complaint investigator shall promptly complete the investigation and deliver to the Vice President of Student Affairs the investigator’s written findings and the results of the investigation, including summaries of all interviews and all documents received as part of the investigation. In no event shall this occur later than ninety (90) calendar days following receipt of the complaint. Within ten (10) working days following receipt of the results of the investigation from the complaint investigator, the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs will submit to the President or Provost the investigator’s written findings and the Vice President’s or District Associate Vice Chancellor’s recommendations as to the disposition of the complaint

The president or provost will accept, reject, or modify the recommendations and will provide a written notification of his or her action to the student and respondent respondent along with a copy of the investigator’s written findings and the Vice President’s or District Associate Vice

Chancellor’s recommendations within fifteen (15) calendar days of receiving the written findings and recommendations from the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs.

When the investigation confirms the allegations, appropriate corrective action will be taken. Evidence which is collateral to the allegations of discrimination and/or sexual harassment and which was obtained during an investigation may be used in subsequent grievance or disciplinary procedures. Both complainant and respondent receive notice of the outcome. The institution will take appropriate steps to prevent further occurrences.

Interim Measures

If a student alleges discrimination based upon physical or mental disability, the District may take interim measures to assist or protect the student during an investigation. Such measures may include academic adjustments, arranging for changes in class schedules, or other appropriate temporary measures.

 

MCCCD Administrative Review Process

Request for Reconsideration

A student or respondent who is not satisfied with the decision of the president or provost has ten (10) working days to request, verbally or in writing, administrative review of the decision by his or her college president or provost. The request for administrative review must state reasons why the complainant or respondent believes the finding was improper. The president or provost will review the results of the investigation and written findings and respond to the request within ten (10) working days from receipt of the request. If the president or provost determines that the decision is not supported by the evidence, the case file will be reopened and assigned for further investigation. If the president or provost determines that the investigation was thorough and complete and that the decision is supported by the evidence, he or she will deny the request for administrative review. At this point, the student has exhausted the Internal Discrimination Complaint Procedure.

Complaint Process

Faculty, staff and all other college officials should refer any student seeking to make a complaint of discrimination to the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs. Every student complaint of discrimination shall be investigated under the authority of the Vice President of Student Affairs or the District Associate Vice Chancellor of Student Affairs in accordance with these Procedures. The Vice President of Student Affairs and any complaint investigator who participates in a complaint resolution pursuant to these Procedures shall administer every resolution process in an impartial manner, and shall fully consider all facts discovered in the course of any investigation before a resolution is reached. Each party in any complaint resolution shall have full opportunity to present all information and documentation the party feels is germane to the complaint. At no time shall a student who has made an allegation of discrimination under these Procedures be asked or required in any way by a college official to engage in any direct confrontation with any person alleged to have committed an act of discrimination. The Vice President shall ensure that every effort is made to obtain information from each witness to every act of alleged discrimination or from any other person possessed of information that is relevant and material to the complaint resolution. The Vice President of Student Affairs shall ensure that all appropriate corrective action that is warranted as a result of any complaint resolution will be taken, and shall employ best efforts to ensure that the college prevents recurrence of discrimination in the future.

Maintenance of Documentation

Documentation resulting from each level in the Formal Resolution Process (including witness statements, investigative notes, etc.) will be forwarded to and maintained by the Office of General Counsel. Investigative records are not to be maintained with or considered as a part of a student record. Documentation regarding corrective action is considered part of the student’s record.

Right to Assistance

A student or respondent may receive the assistance of an attorney or other person at any stage of a complaint filed under this Internal Discrimination Complaint Procedure. Such person may attend any investigative interview and advise the complainant or respondent but shall not otherwise participate in the interview. The complaint investigator shall direct communications directly to the complainant and respondent, and not through such individual’s attorney or other person providing assistance.

Confidentiality of Proceedings

Every effort will be made by the college and MCCCD to protect the confidentiality of the parties during the processing of complaints under this procedure. Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with MCCCD’s legal obligation to investigate and resolve issues of discrimination.

Retaliation Prohibited

Retaliation against a person who has filed a complaint or against any witness questioned during an investigation is strictly prohibited. Any retaliatory action by instructors, supervisors, managers, academic professionals, administrators, or other employees who have the authority to take adverse action against a complainant or witness is prohibited and may be grounds for disciplinary action.

False Statements Prohibited

Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge will be subject to appropriate discipline.

 

External Filing of Discrimination Complaint

MCCCD encourages students to use the MCCCD Discrimination Complaint Procedure for students to resolve discrimination concerns. Students also have the right to file civil rights complaints with appropriate external agencies. No retaliation will be taken against a person for filing a complaint with an external agency. The following agency accepts discrimination charges filed by, or on behalf of, students:

Office for Civil Rights, Region VIII (OCR)
Denver Office
U.S. Department of Education Federal Building
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
Phone: 303-844-5695
Fax: 303-844-4303
TDD: 303-844-3417
E-mail: OCR_Denver@ed.gov

 

AMENDED by Direct Chancellor Approval, April 1, 2015
AMENDED through the Administrative Regulation Approval Process, March 13, 2012

Information Technology

The Maricopa County Community College District provides its students and employees wide access to information and technologies for educational purposes. As a result, users are required to observe Constitutional and other legal mandates aimed at safeguarding equipment, networks, data and software that are acquired and maintained with public funds.

Page Updated 05/05/16

Appendix D: District Policy Statement on the Use of Computer Software

Just as there has been shared responsibility in the development of this policy, so should there be shared responsibility for the resolution of the problems inherent in providing and securing good educational software. Educators have a valid need for quality software and reasonable prices. Hardware developers and/or vendors also must share in the effort to enable educators to make maximum cost-effective use of that equipment. Software authors, developers and vendors are entitled to a fair return on their investment.

10J1. Educators' Responsibilities

Educators need to face the legal and ethical issues involved in copyright laws and publisher license agreements and must accept the responsibility for enforcing adherence to these laws and agreements. Budget constraints do not excuse illegal use of software.

Educators should be prepared to provide software developers or their agents with a written policy statement approved by the Maricopa County Community College District including as a minimum:

  1. A clear requirement that copyright laws and publisher license agreements be observed;
  2. A statement making employees who use Maricopa County Community College District equipment responsible for taking all reasonable precautions to prevent copying or the use of unauthorized copies on Maricopa County Community College District equipment;
  3. An explanation of the steps taken to prevent unauthorized copying or the use of unauthorized copies on Maricopa County Community College District equipment;
  4. A designation of who is authorized to sign software license agreements for the Maricopa County Community College District;
  5. A designation at the campus site level of who is responsible for enforcing the terms of the Maricopa County Community College District policy and terms of licensing agreements.

10J2. Hardware Vendor's Responsibilities

Hardware vendors should assist educators in making maximum cost effective use of the hardware and help in enforcing software copyright laws and license agreements. They should as a minimum:

  1. Make efforts to see that illegal copies of programs are not being distributed by their employees and agents;
  2. Work cooperatively with interested software developers to provide an encryption process which avoids inflexibility but discourages theft.

Software developers and their agents can share responsibility for helping educators observe copyright laws and publishers license agreements by developing sales and pricing policies. Software developers and vendors should as a minimum:

  1. Provide for all software a back-up copy to be used for archival purposes, to be included with every purchase;
  2. Provide for on-approval purchases to allow Maricopa County Community College District to preview the software to ensure that it meets the needs and expectations of the educational institution;
  3. Work in cooperation with hardware vendors to provide an encryption process which avoids inflexibility but discourages theft;
  4. Provide for, and note in advertisements, multiple-copy pricing for Maricopa County Community College District sites with several machines and recognize that multiple copies do not necessarily call for multiple documentation.
  5. All software should be inventoried by the Maricopa County Community College District office.

Provide for, and note in advertisements, network compatible versions of software with pricing structures that recognize the extra costs of development to secure compatibility and recognize the buyer's need for only a single copy of the software.

SOURCE: Governing Board Minutes, December 11, 1984 Motion No. 5816

It is the intent of the Maricopa County Community College District to adhere to the provisions of copyright laws in the area of microcomputer programs. Though there continues to be controversy regarding interpretation of those copyright laws, the following procedures represent a sincere effort to operate legally. We recognize that computer software piracy is a major problem for the industry and that violations of computer copyright laws contribute to higher costs and greater efforts to prevent copies and/or lessen incentives for the development of good educational software. All of these results are detrimental to the development of effective educational uses of microcomputers. Therefore, in an effort to discourage violation of copyright laws and to prevent such illegal activities:

  1. Maricopa County Community College District employees will be expected to adhere to the provisions of Public Law 96-517, Section 7 (b) which amends Section 117 of Title 17 of the United States Code to allow for the making of a back-up copy of computer programs. This states that "...it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
    • that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
    • that such a new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful."
  2. When software is to be used on a disk sharing system, efforts will be made to secure this software from copying.
  3. Illegal copies of copyrighted programs may not be made or used on Maricopa County Community College District equipment.
  4. The Contracts Manager of Maricopa County Community College District is designated as the only individual who may sign license agreements for software. (Each campus of Maricopa County Community College District using the software also should have a signature on a copy of the software agreement for local control.)
  5. The president of each campus of the Maricopa County Community College District is responsible for establishing practices which will enforce this policy at the campus level.
  6. All software will be inventoried by the District Office of Maricopa County Community College District.
  7. It is the policy of the Maricopa County Community College District that no person shall use or cause to be used in the Maricopa County Community College District's microcomputer laboratories any software which does not fall into one of the following categories:
    • It is in the public domain.
    • It is covered by a licensing agreement with the software author, authors, vendor or developer, whichever is applicable.
    • It has been donated to the Maricopa County Community College District and a written record of a bona fide contribution exists.
    • It has been purchased by the Maricopa County Community College District and a record of a bona fide purchase exists.
    • It has been purchased by the user and a record of a bona fide purchase exists.
    • It is being reviewed or demonstrated by the users in order to reach a decision about possible future purchase or request for contribution or licensing.
    • It has been written or developed by a Maricopa County Community College District employee for the specific purpose of being used in the microcomputer laboratory. Full credit should be given to the employee developer by other employee users.

It is also the policy of the Maricopa County Community College District that there be no copying of copyrighted or proprietary programs on computers belonging to the Maricopa County Community Colleges District.

SOURCE: Governing Board Minutes, December 11, 1984 Motion No. 5816

Page Updated 01/23/02

Copyright Law and Computer Software

The 1976 copyright law was deliberately vague about copyright protection for computer software until a congressional committee could complete a study. The law was amended on December 12, 1980 following the receipt of the committee report. The amendment defines computer software as a literary work, which gives software copyright protection immediately upon creation. The amendment also permitted making one archival or back-up copy of each program.

The International Council for Computers in Education (ICCE) issues a "Suggested Policy Statement on Duplicating and Using Computer Software in Academic Settings." The latest edition of that statement appears in Appendix D and is summarized here.

Back-up Copy 

The Copyright Act allows the purchaser of software to:

  • Make one copy of software for archival purposes in case the original is destroyed or damaged through mechanical failure of a computer. However, if the original is sold or given away, the archival copy must be destroyed.
  • Make necessary adaptations to use the program.
  • Add features to the program for specific applications. These improvements may not be sold or given away without the copyright owner's permission.

Computer Laboratories 

In computer laboratories where students and teachers have access to software, the institution should establish procedures that prevent illegal copying of software. Appropriate warning notices should be posted at the supervisor's desk or the sign-in station. A suggested warning notice follows.

  • Software Copying Warning

    • Software is protected by the copyright law and may not be copied without the copyright owner's permission. You are liable for damages resulting from illegal duplication of software.
    • (A short warning notice also should appear on all sign-in or check-out forms.)
  • Computer User Agreement Form

    • As a condition of using the institution's computer equipment, I agree not to use the equipment to duplicate copyrighted software, whether it is my personal copy or is owned by the institution. I assume liability for any copyright infringements caused by me.
    • (Form should be signed and dated by user.)

Multiple Loading 

It is convenient to load one program disk into several computers for simultaneous use of the program. It is unclear if this is legal, but the ICCE Software Guidelines suggest that this should not be allowed. Licenses authorizing multiple loading are available from some publishers.

Networks 

Many educational institutions have local-area networks (LAN) or wide-area networks (WAN) which enable large computers to serve many smaller computers or terminals within the institution. Licenses are required to use software on networks.

Database Downloading 

Downloading involves copying a data transmission from database utility to a user's computer. This shortens the "connect time," which is the basis for most user fees. It also enables the searcher to clean up the data before printing a copy. Databases are copyrightable and copying from a database to a computer appears to be a copyright infringement. The copyright owners generally accept temporary downloading as a fair use as long as only one report is printed and the data is erased after printing the report. The problem centers on long-term retention of data to reuse or to combine to create a local database. Long-term retention for any purpose requires a downloading license. These licenses are offered by most database utilities.

Page Updated 01/23/02

Q&A About Maricopa's Technology Resource Standards

Who is considered an "authorized user" of Maricopa's technology resources?

That is determined at the location where Maricopa's technology resources are being used. Responsible individuals at a college, center or District location decide who is an authorized user, and the decision does not depend solely on whether the user is an employee or student. For example, certain college media centers allow members of the community who are neither students nor employees to have access to workstations, the Internet, and other technology resources. Those individuals would likely be considered authorized users, and would be subject to Maricopa's Technology Resource Standards.

Under Prohibited Conduct Number 3, a user may not install a program that might result in damage to a computer system. If a piece of software is compatible with hardware specifications or my computer's operating system, isn't that enough of a guarantee that the software won't damage the computer system?

Not necessarily. The mere fact that software might be compatible with a particular system does not eliminate the possibility of harm to existing files or applications. If a user has any doubt about the potential effect of installing new software on an existing system, an information technology specialist at the location should be consulted.

  1. Joe Joelson was responsible for publishing his department's information to the Maricopa web. He downloaded to his workstation a new desktop database application he had found on the Internet. This application would allow Joe to publish statistical information directly to his department's website. While installing the application, he was prompted also to install the web server component. The message indicated that Joe needed to do this in order to use the web-publishing feature, so he installed the web server on his workstation.
     
  2. One week later, Joe arrived at work and tried to log onto his workstation. There was no response. He called the Helpdesk, and a technician soon arrived and diagnosed the problem: a computer hacker from Iceland had gained access to Joe's workstation through the web server on his desktop. The hacker erased Joe's hard drive; installing the web server had resulted in damage to a Maricopa computer system.

Can I install my own software--which I want to use for work-related purposes--on my Maricopa computer?

Yes; personal software may be installed---subject to any license, copyright or similar restrictions imposed by the maker of the software--on Maricopa technology resources. However, any use of that software would be subject to the Technology Resource Standards, and limited to Maricopa educational, research, service, operational, and management purposes. In addition, it would be advisable for an employee to remove the personally-owned software from Maricopa technology resources when the software is no longer being used, or when the employee concludes employment with Maricopa. For these and other reasons, a technician at the site should be consulted before personal software is installed.

  1. Sarah Smithers is an expert in word-processing, spreadsheet, and database development, and was just hired to work in an information processing center at a Maricopa community college. At her previous job, Sarah had used the same suite of applications she now found on her new workstation at the college, but she really did not like their functionality. She preferred instead another software's application (which she owned personally). After she checked the license terms for the software she owned--to make sure that the license permitted her to use the applications on her computer at work--Sarah decided to come in early the next day and install those tools at her workstation.
     
  2. Sarah later noticed that her workstation had slowed considerably, and knew that it was due to the extra software she had installed. Soon, her computer response time slowed even more until, finally, Sarah's workstation froze. When she rebooted her machine and opened the word processing application to finish her last assignment for the day, the machine froze again. She rebooted once more, and this time the application would not open at all. The error message indicated: "Not enough memory available to open the application." In fact, Sarah could not open anything on her computer, including her finished work assignments.
     
  3. Sarah explained to a technician that she had installed her preferred software on the workstation; it was obvious to the technician that this was causing the machine to crash. While installing her personal software for Maricopa purposes was permissible, Sarah should have checked with a technician first to ensure that doing so would not damage the system or any data she had there.

Can I give the password for my e-mail account to a co-worker or supervisor in order that he or she can access messages while I'm on vacation?

Disclosing a password to a co-worker or supervisor for such a purpose would not necessarily violate the standards. The Standards make it the user's responsibility to keep a password confidential. Disclosing the password for a limited purpose (such as accessing messages during a vacation) to a colleague who will maintain the password's confidentiality would be permissible under the Standards.

In the distance learning class that I teach, I have students from all over the country. Are they subject to Maricopa's Technology Resource Standards?

By enrolling students in a distance learning offering, a college has deemed each of them an "authorized user," regardless of where the students reside. Those students should become familiar with the Standards.

I occasionally receive unsolicited e-mail, usually sent through "spamming." When I receive such e-mail, am I violating the standards?

A person who receives unsolicited e-mail--including a victim of "spamming"--typically has no more control over the receipt of such messages than one has over the receipt of junk mail at his or her residence. On the other hand, intentionally providing someone a Maricopa e-mail address for the purpose of receiving e-mail that is unrelated to Maricopa's educational, research, service, operational, and management purposes might violate the Standards.

I want to send an e-mail message to a co-worker, suggesting that the two of us meet for lunch; would that violate the Standards?

As with any policies or rules, the Technology Resource Standards should be applied in a reasonable manner. The Standards are based on the assumption that Maricopa technology resources exist for Maricopa purposes--namely, its "educational, research, service, operational, and management purposes." An occasional e-mail message to a co-worker suggesting a luncheon engagement, or something similarly innocuous, is not likely to be the sort of activity that would violate the Standards. Using technology resources for clearly personal--and non-Maricopa--purposes (such as, for example, maintaining an amorous relationship with a co-worker via e-mail) would be an improper use of those resources.

I am a Maricopa employee, and the author of a Maricopa individual website. In my off hours, I sell cleaning supplies, and have created a website advertising my cleaning supply business. Can I create, on my Maricopa website, a link to my own cleaning supply website?

Creating such a link would be use of Maricopa technology to "advertise personal services," and violate the Technology Resource Standards.

My instructor has arranged for the students in our class to participate in a chat room where all of us may exchange thoughts and ideas about what we are learning. All entries in the chat room are supposed to be anonymous--we are not to reveal our identities. Are we violating Prohibited Conduct number 13?

No. That provision of the Standards outlaws "using computing resources in such a way as to wrongfully hide the identity of the user or pose as another person." Since the chat room is intended to solicit anonymous contributions, and is essential to participating fully in the class, the conduct would not be wrongful.

  1. Allan Adams uses Bob Belinski's desktop computer while Bob is away on vacation. Allan is able to access Bob's e-mail account and--in Bob's absence--has sent several e-mail messages under Bob's name to all Maricopa employees. The messages contain derisive epithets about Allan and Bob's supervisor; Allan's intent was for recipients of these messages to think that Bob had sent them. Bob's conduct violated Prohibited Conduct number 13--using technology resources to wrongfully pose as another person.

The beauty of the Internet is that it makes information and images so readily accessible. If I can download information and images from a website, can't I use and distribute them as much as I want to?

Copyright and other legally-recognized rights protect images, music, essays and other means of expression on the Internet. The mere fact that something can be downloaded from the Internet does not by itself allow for its free use and distribution.

  1. Tom Tomeson was a child care assistant at a Maricopa child development center. He was responsible for creating the handouts for each day's educational activity. Tom wanted these to be special for the children attending the activities, so he logged onto the Internet to get some ideas. When he arrived at the Disney site, he saw lots of pictures of Mickey Mouse, Donald Duck and Pluto that he knew the children would love to see. At another site he found some pictures of Bugs Bunny and Elmer Fudd. Tom downloaded some of the graphics, and used them in the handouts for the children. In doing so, however, Tom violated the copyright privileges the cartoon studios held in these characters.

Page Updated 01/05/05

Intellectual Property

Nearly every form of tangible expression (books, drawings, software, etc.) is subject to some sort of copyright protection. This site offers legal and District-wide guidelines on copyright protection, including direction on when (under the Fair Use Doctrine) copyrighted materials may be duplicated.

Tutorial

Page Updated 05/20/2014

Copyright Guidelines

Audio-Visual and Performances

Music

Copyrights exist in tangible forms of music, such as recorded music, sheet music and musical performances. For a discussion of musical performance, see the discussion of performances below. The purchase of a tangible form of music, such as a compact disc, does not provide the purchaser with rights to reproduce the work or to use the work in another medium, such as on a web site. MCCCD prohibits the use of its resources to electronically copy or "share" copyrighted music over the Internet.

What is commonly thought of as a single, musical work - for example, a song on a CD - actually contains three separate copyrightable works: the sound recording, musical score and lyrics. You must clear rights to each copyrightable work before using it.

Certain uses of music, however, may constitute fair use. The following Congressional Guidelines, which are reprinted here, state only the minimum standards for fair use. However, other uses may constitute fair use and reference should only be made to the detailed discussion in the fair use section of the Policy.

Permissible Uses of Music for Educational Purposes

  1. Emergency copying to replace purchased copies which, for any reason, are not available for an imminent performance, provided purchased replacement copies shall be substituted in due course.
  2. For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.
  3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
  4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
  5. A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

Prohibited Use of Music for Educational Purposes

  1. Copying to create or replace or substitute for anthologies, compilations or collective works.
  2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
  3. Copying for the purpose of performance, except as in A(1) above.
  4. Copying for the purpose of substituting for the purchase of music, except as in A(1) and A(2) above.
  5. Copying without inclusion of the copyright notice which appears on the printed copy.

Film

Films, including purchased or rented videos and DVDs, may not be copied or altered without the copyright owner's permission. At the time of purchase or rental, the copyright owner may specify the types of authorized uses. In most cases, purchased or rented films may not be shown outside of the home, as evidenced by labeling on the films and/or warnings displayed prior to the film.

Copyright law, however, allows educational use of a film in the course of "face-to-face" instruction, provided that the copy of the film used was lawfully made. Specifically, the Copyright Act states:

[T]he following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images is given by means of a copy that was not lawfully made under this title and that the person responsible for the performance knew or had reason to believe was not lawfully made.

17 U.S.C. § 110

Television

The live broadcast of cable or television programming in an educational setting does not violate copyright law. However, rebroadcasts of programming in an educational setting must comply with the fair use doctrine. The following Congressional Guidelines provide guidance for the use of television programming for educational purposes and should be followed by faculty and students at MCCCD:

Guidelines for Off-Air Recordings of Broadcast Programming for Educational Purposes

In March 1979, Congressman Robert Kastenmeier, Chairman of the House Subcommittee on Courts, Civil Liberties and Administration of Justice, appointed a Negotiating Committee consisting of representatives of educational organizations, copyright proprietors, and creative guilds and unions. The following guidelines reflect the Negotiating Committee's consensus as to the application of "fair use" to the recording, retention, and use of television broadcast programs for educational purposes. They specify periods of retention and use of such off-air recordings in classrooms and similar places devoted to instruction and for homebound instruction. The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs.

  1. The guidelines were developed to apply only to off-air recording by nonprofit educational institutions.
  2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a nonprofit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.
  3. 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, in classrooms and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) calendar day retention period. "School days" are school session days-not counting weekends, holidays, vacations, examination periods, and other scheduled interruptions-within the forty-five (45) calendar day retention period.
  4. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.
  5. 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.
  6. After the first ten (10) consecutive schools days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes. i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
  7. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
  8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
  9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Performances

The public performance or display by faculty or students of dramatic works, such as plays and musicals, and non-dramatic works, such as musical compositions, does not constitute copyright infringement if the performance (per 17 U.S.C. § 110(1)):

  • occurs as part of face-to-face teaching activities; and
  • takes place in the "classroom or similar place devoted to instruction." 

In the case of an audiovisual work, in addition to the two criteria above, the display or performance must be given by means of a copy that was lawfully made. Id.

Public performances of copyrighted works outside of the classroom may result in copyright infringement. 

Performances of copyrighted works, such as music, dramatic literary works, and non-dramatic literary work at a college should be considered public performances under the Copyright Act and you should seek permission if the work being performed is copyrighted.

A non-dramatic literary or musical work may also be performed without infringement if (per 17 U.S.C. §110(4)):

  • the performance is not broadcast to the public
  • there is no admission charge for the performance
  • the performers, promoters and organizers are not compensated
  • the proceeds, after deducting the reasonable costs of production, are used for educational, religious, or charitable purposes; and
  • the copyright owner does not object in writing within seven days of the performance. 

In addition, non-dramatic literary and musical works may be transmitted to classrooms or to those with disabilities who are unable to be present in the classroom so long as the transmission is (per 17 U.S.C. §110(2)):

  • "a regular part of the systematic instructional activities" of the educational institution; and
  • the "performance or display is directly related and of material assistance to the teaching content of the transmission.

Artwork

The use of artwork involves not only works of fine art such as paintings, sculptures and photographs, but also graphics, book illustrations, animation, comic strips and clip art. The Internet has made accessing art much easier, but do not assume that just because something is easy to copy that it is legal to copy.

It is important to know that reproductions of works of art (e.g. a photograph of a painting) can also be protected by copyright - though only the original elements the reproduction adds, such as angle, lighting, etc. are protectable. If you are copying a reproduction of the original work, you may need to clear rights for both the original and the reproduction.

Works of Fine Art

Remember that just because a work is old does not mean the work is no longer copyrighted. The owners of works of fine art will often require you to follow strict copying guidelines to ensure the artistic qualities of the work and may require you to purchase a high resolution digital image. Modifications may be prohibited. It is also important to remember the copyright owner has the exclusive right to create derivative works. If you use a copyrighted work to create a new or derivative work (such as a photograph of a painting), you may be infringing the owner's copyrights. 

Copyright owners often require you to include a credit line, not only providing the copyright notice and information about the artist, but also including information about where the original work is held (e.g. the name of a museum). Further, the owner is also likely to be particularly interested in your intended use. They are much more likely to agree to educational uses than commercial uses and will likely carefully guard against the work being reproduced on merchandise such as posters, greeting cards and coffee mugs without first entering an express written license.

The Copyright Act also grants artists of qualifying works of fine art special "moral" rights of integrity and attribution and in some cases, rights against destruction of the work if it is of recognized stature.

Illustrations

Illustrations in books and magazines are typically separately created and copyrighted. Do not assume that because the text of a book is in the public domain, the illustrations are as well. For example, a Shakespeare play may be in the public domain, but original illustrations created in 1982 for a reprint of the play would still have copyright protection.

Graphics

Clip art is an industry term used to designate compilations of artwork and graphics intended for others to use and copy. Some of the art is in the public domain. Other pieces are specially created for this purpose and may be copyrighted. If you are using works from a clip art compilation, be sure you know what type of work you are using and be careful to read and follow the company's terms of use.

If you are obtaining "free" clip art off of the Internet, be sure to abide by the terms of use, if any. Many sites that advertise "free" clip art place significant restrictions on the use of those images. For example, some clip art sites prohibit users from downloading the images, altering the images, or using them for commercial purposes. Others limit the number of images a user may download or provide license forms for anything more than a minimal use. Look for the "Terms of Use" or "Copyright and Use Information" pages on the site you are visiting and review those terms before using the site's clip art.

Rights of Publicity

Does the art contain images of identifiable people? If so, you must also determine whether you must get permission from the people appearing in the image. Every person has a right of publicity - the right to control the commercial exploitation of their image. A person's image can include their physical appearance, their voice or even a character they have portrayed in the media. Sometimes a copyright owner may grant you the right to reproduce an image, but expressly state that you must separately clear rights of publicity with anyone pictured.

Page Updated 05/20/14

Computer Software

United States copyright law broadly defines a "computer program" as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result." 15 U.S.C. § 101. Generally, the owner of the copyright in a computer program has exclusive rights in the program, including the right to use, reproduce, and create adaptations of the programs. The use, reproduction, or creation of an adaptation of a computer program or its documentation without the permission of the copyright owner is a violation of federal copyright law and could result in monetary and/or criminal liability.

Backup Copy

Copyright law allows the purchaser of a computer program to make one backup copy of the program. This backup copy, however, may only be used if the original copy is no longer functional and must be destroyed when rights to use the original copy of the computer program cease.

Licenses

In most cases, copyright owners grant rights to use computer programs through a license, which controls the types of use that are allowed.

Open Source Software

Open source software is software whose source code is available to anyone for modification or enhancement. Source code is the written code that computer programmers use to change how a piece of software works. Open source software authors allow others to view their code, copy it, learn from it, alter it or share it. In order to use open source software, users must accept terms of a license agreement to promote collaboration and sharing. For example, open source software users cannot require a royalty or other fee for a sale. Users of open source software cannot restrict another party from giving away the software as a component of an aggregate software distribution containing programs from several different sources. An open source license allows for modifications and improvements of the open source software. If you are interested in using open source software, ensure that you understand all of the terms of the open source license agreement before using the software.

MCCCD has entered into many licenses with owners of computer software for use at colleges within the District. These licenses are subject to numerous restrictions. Faculty and students should not make copies of software licensed to MCCCD, including copies for educational use, unless expressly authorized. Note that MCCCD's Computing Resource Standards prohibit the use of MCCCD computing resources to infringe software, graphics, photographs or any other copyrightable material.

Lending of Computer Software by Libraries

MCCCD's libraries may lend computer software for temporary use by faculty and students. Any copy of a computer program lent by one of MCCCD's libraries must have affixed to the copy the following copyright warning:

NOTICE: WARNING OF COPYRIGHT RESTRICTIONS

THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, UNITED STATES CODE) GOVERNS THE REPRODUCTION, DISTRIBUTION, ADAPTATION, PUBLIC PERFORMANCE, AND PUBLIC DISPLAY OF COPYRIGHTED MATERIAL. UNDER CERTAIN CONDITIONS SPECIFIED IN LAW, NONPROFIT LIBRARIES ARE AUTHORIZED TO LEND, LEASE, OR RENT COPIES OF COMPUTER PROGRAMS TO PATRONS ON A NONPROFIT BASIS AND FOR NONPROFIT PURPOSES. ANY PERSON WHO MAKES AN UNAUTHORIZED COPY OR ADAPTATION OF THE COMPUTER PROGRAM, OR REDISTRIBUTES THE LOAN COPY, OR PUBLICLY PERFORMS OR DISPLAYS THE COMPUTER PROGRAM, EXCEPT AS PERMITTED BY TITLE 17 OF THE UNITED STATES CODE, MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT. THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO FULFILL A LOAN REQUEST IF, IN ITS JUDGEMENT, FULFILLMENT OF THE REQUEST WOULD LEAD TO VIOLATION OF THE COPYRIGHT LAW.

The copyright warning set forth above must be affixed "to the packaging that contains the copy of the computer program, which is the subject of a library loan to patrons, by means of a label cemented, gummed, or otherwise durably attached to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copy of the computer program." 37 CFR § 201.24. In addition, the notice must be "printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual user of the computer program." Id.

Page Updated 05/20/14

Copyright Basics

Much of the material used in teaching is copyrighted, including computer software, books, music and photographs. Thus, copyright law restricts our rights to copy, display, perform and distribute these works without permission. Often we must obtain permission from the copyright owner to use the works. Sometimes, a work is in the public domain, available for all to use freely or our use is a "fair use," allowing us to use the works without the copyright owner's permission. Each of these situations is discussed separately, below.

Clearance of copyrights can often be complicated and frustrating. It is necessary, nonetheless, as the potential liability can be significant. For example, the Copyright Act allows courts to award statutory damages up to $150,000 per work infringed for willful infringement. 17 U.S.C. § 504. In addition, you may be contributorily liable if your actions assist in others' infringement. For example, if you post a copyrighted work on a web site, you may be contributorily liable for each person who copies the work off the site.

What is a copyrightable work?

A work is copyrightable if it is an original work of authorship fixed in a tangible medium of expression. The copyright is created at the moment of fixation. For example, copyrights exist from the time a poem leaves the poet's mind and is written down on paper. Neither registration nor a copyright notice (for works published after 1989) is required for copyright protection. Categories of copyrightable works include:

  • Literary works
  • Musical works, including accompanying words
  • Dramatic works, including accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

Copyright does not protect ideas, principles, concepts or discoveries. 17 U.S.C. § 102. Copyright also does not protect the following:

  • Titles, short phrases or slogans
  • Works not fixed in a tangible medium of expression, such as improvisational speeches that are not written down or recorded
  • Works containing no original authorship, such as standard calendars and height and weight charts

What is a copyright?

A copyright gives its owner the exclusive right to copy the work, prepare derivative works based on the work and distribute the work via sale or other transfer of ownership or via rental, lease or lending. In addition, certain categories of copyrightable works have additional rights, such as public display and performance. For example, the exclusive right to perform the work publicly is included in the copyright for literary, musical, dramatic, choreographic, pantomimes, motion pictures and other audiovisual works. Similarly, the exclusive right to publicly display is included in copyrights for literary, pictorial, graphic, sculptural, musical, dramatic, choreographic works and pantomimes. Moreover, the copyright in a sound recording includes the exclusive right to perform the work publicly by means of a digital audio transmission, such as the transmission of a song over the Internet. 17 U.S.C. § 106.

Each "copy" "right" (the right to copy, distribute, etc.) in a single work is a separate right and may be owned by different entities. In addition, multiple copyrightable works may exist in one "work." For example, a song you hear on the radio has three separate underlying copyrightable works: the sound recording (often owned by the studio); the musical score (often owned by the artist); and the lyrics (often owned by the author). The copyright in all three works must be separately cleared.

What are derivative works?

A derivative work is a work based upon one or more pre-existing works, such as a translation of a text or a movie based upon a novel.

What are moral rights?

Authors of works of visual art may also have "moral rights." A work of visual art is a painting, drawing, print, or sculpture that exists in a single copy or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. A photograph may also be a work of visual art if it was produced for exhibition purposes only and exists in a single copy signed by the author or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. Certain works, such as works for hire and advertisements, are excluded from the special "moral rights" protections.

Moral rights allow authors of visual art to control the use of their names and to prevent intentional distortion, mutilation or other modification of their works that would be prejudicial to their honor or reputation and to prevent the destruction of a work of recognized stature. 17 U.S.C. § 106A.

Are digital works covered by copyright?

Copyright covers works in both traditional and newer media, including digital media. In 2000, Congress passed the Digital Millennium Copyright Act ("DMCA"), which addresses the use of copyrighted works in digital media. It both provides additional protections for copyright owners and "safe harbors" for certain users of copyrighted material.

The DMCA prohibits the removal or alteration of copyright management information, which is the data authors include in their works to protect their copyright interests. Copyright management information includes the title of the work, the author of the work, the copyright owner of the work, and terms and conditions for use of the work. 17 U.S.C. § 1202.

The DMCA also prohibits the circumvention of copyright protection systems. Circumvention of a copyright protection system means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure without the authority of the copyright owner. Nonprofit libraries, archives and educational institutions are allowed to circumvent protection systems in limited circumstances, including encryption research and to determine whether to acquire a copy of the protected work. As much of this law is continuously changing, faculty and staff should not undertake such activity without first contacting the Office of General Counsel at 480-731-8878. 17 U.S.C. §1201.

The DMCA also provides protection for entities that serve as conduits of communication, such as service providers and search engines. 17 U.S.C. § 512. MCCCD believes it is a service provider under the Act. Accordingly, MCCCD has registered its DMCA agent with the Copyright Office and has posted a DMCA Notice on its website.

Also note that digitizing a work may be an infringement. You should not digitize a copyrighted work unless you have specific permission to do so or you believe digitization fits within fair use. Permission to use or copy the work may not include the right to digitize the work. When considering if digitization is a fair use, always check to see if a digital copy of the work is available for a reasonable fee. If so, you should purchase or license the digital copy rather than digitizing the analog/paper copy you currently possess.

Page Updated 05/20/14

Fair Use Principles

What is "Fair Use"?

The doctrine of fair use allows for the use of copyrighted works without the owner's permission. It protects limited uses of copyrighted works from being an infringement. The doctrine is, however, determined on a case-by-case basis, sometimes with contradictory results. Because of this uncertainty, fair use must be approached with caution. As a rule of thumb, if you are uncertain after reviewing the factors below whether a use is a fair use, assume it is not.

The Copyright Act provides that the "fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." Again, not all educational uses are fair use. Four factors are considered in determining whether the use of a work is a fair use:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

17 U.S.C. § 107. Courts decide fair use by weighing each factor individually and then determining which way the combination of factors tips. Each factor is discussed in detail below.

Purpose and Character of Use

Certain types of uses typically favor fair use, including teaching, research, scholarship, criticism, news reporting and parody. Also favoring fair use are uses that transform the copyrighted work for a new purpose, rather than pure copying. The Supreme Court has defined transformative use as a use that "adds something new, with a further purpose, or different character, altering the first with new expression, meaning or message." Other types of uses are typically viewed as not fair use, including situations where the user is engaged in commercial activity or is otherwise profiting from the use. Failure to give credit to the original author will often also weigh against fair use. Use of a copyrighted work for entertainment purposes is less likely to be deemed a fair use than educational purposes.

Nature of Copyrighted Work

Creative and fiction-based copyrighted works are given greater protection than works of a factual or non-fiction nature. Similarly, non-published works are given greater protection than published works.

Amount and Substantiality of Work Used

This factor measures both the quantitative and qualitative nature of the portion of the work used. The smaller the portion of a work used, the more likely the use is a fair use. Conversely, use of a substantial portion of a work or the heart of a work is less likely to be considered fair use. For example, use of three lines from a multi-volume work is likely fair use, but use of three lines from a six-line poem is less likely to be fair use.

Effect of Use on Market for Work

The Supreme Court has said to "negate fair use one need only show that if the challenged use should become widespread, it would adversely affect the potential market for the copyrighted works." Use of a work that replaces the need for others to purchase or license the work, especially if the work is easily purchased or licensed, will weigh against fair use. Making just a few copies, available to only a limited number of people, is likely to weigh in favor of fair use.

Do any "Safe Harbors" Exist for Educational Uses?

Congress incorporated into the copyright law numerous guidelines for educational institutions' use of copyrighted works ("Congressional Guidelines") to provide more certainty in determining fair use. These guidelines are not law, but courts give them deference. MCCCD endorses these guidelines as representing the minimum, not maximum, boundaries of fair use. The guidelines are discussed in detail under each media section, such as printed materials and music. Uses exceeding the scope of the guidelines may still qualify as fair use when analyzed under the four fair use factors.

In addition, numerous organizations have worked together towards creating additional guidelines for the use of copyrighted materials by nonprofit educational institutions. The guidelines on the use of copyrighted materials in the creation of multimedia works emerged from the Conference on Fair Use (CONFU) and are attached as further guidance. Although these guidelines were not formally adopted, a large number of organizations approved them. Again, these guidelines represent the minimum, not the maximum, scope of fair use.

Examples of Fair Use Cases in the Educational/Scholarly Context

Cases dealing with fair use in an educational or scholarly context are rare. Nonetheless, for discussion purposes only, a sampling of cases dealing with fair use in an educational or scholarly context is set forth below. Remember, however, fair use is determined on a case-by-case basis and the outcome of the analysis can be changed with a single fact. Thus, you should not view the below cases as examples of permitted (or prohibited) activities.

  • Basic Books, Inc. v. Kinko's Graphics Corp., , 758 F. Supp. 1522 (S.D.N.Y. 1991). Plaintiff publishers brought suit against Kinko's, a for-profit copy shop, claiming its copying of excerpts from books for course packs violated their copyrights. The court rejected Kinko's fair use argument under both the four-factor analysis and the Congressional Guidelines. The decision explicitly did not consider copying performed by students, libraries, or on-campus copy shops. Purpose and Character of Use: This factor weighed against fair use. Although the use of the course packs was "no doubt" educational in the hands of students, the use in the hands of Kinko's employees was commercial. Kinko's directly profited from copying the works without paying permission fees. The court also rejected Kinko's argument that it was acting merely as an agent of the educational institutions. Nature of Work: The works were factual in nature, weighing in favor of fair use. Amount of Work Used: This factor weighed against fair use. The portions copied were critical parts of the books, since that was the likely reason the professors chose them for their classes. Moreover, the qualitative measure was significant as the passages copied ranged from 5% to 25% of the works and most often captured an entire chapter of a book. Effect on Market: This factor weighed against fair use. The court found the copying displaced the need for students to buy the texts from which the material was derived and thus competed directly with the copyright owner. It also made payment of permission fees on the materials unnecessary, further harming the market. Guidelines: The court also pointed to the Congressional Guidelines' prohibition against creating anthologies as weighing against fair use.
  • Princeton Univ. Press v. Michigan Document Serv., Inc., ,99 F.3d 1381 (6th Cir. 1996). Under facts similar to the Kinko's case, the Sixth Circuit also found a commercial copy shop's copying for course packs was not fair use. Again, the challenged copying was by a commercial entity that directly profited from the use of the copyrighted work. The court, however, cautioned that "the issue is by no means free from doubt" that similar copying by students or professors would be fair use.
  • Am. Geophysical Union et al. v. Texaco Inc., 60 F.3d 913 (2d Cir. 1994). A group of publishers brought suit against Texaco based on the institutional, systematic copying of articles from scientific journals for researchers' personal libraries. The court expressly excluded copying for individual purposes from its decision. Purpose and Character of Use: This factor weighed against fair use. The copying was deemed an intermediate use because, although for research purposes, the ultimate goal of the research is to benefit a for-profit entity. The researchers most often copied the articles for archival use, rather than immediate use in research, making the use non-transformative. Nature of Work: This factor favored Texaco because the material was essentially factual in nature. Amount of Work Used: The court characterized each "work" as the articles in the journals, rather than the journals themselves. Thus the entire works were copied, weighing heavily against fair use. Effect on Market: The court focused on the market for licensing fees for copying individual articles in finding that Texaco's activities have an adverse effect upon the market.
  • Warren Publishing Co. v. Spurlock, 645 F.Supp.2d 402 (2009). Defendant, Spurlock published a book-form biography and illustrated retrospective of movie monster artist Basil Gogos. Spurlock's book contained 160 reprints of Gogos's work, including 24 reproductions of Gogos's artwork taken from Plaintiff, Warren Publishing Co.'s copyrighted movie monster magazine covers. At summary judgment, the court ruled that Spurlock acted within fair use, based on its reasoning that the purpose and amount factors weighed strongly in Spurlock's favor. Central to the court's reasoning was the transformative nature of the use of the images in a biographical compilation. The court considered Spurlock's purpose to weigh in favor of fair use even though the images were reproduced in a commercial product. Also significant was the court's determination that the amount of the work used was based on an entire magazine issue rather than its cover image.
  • Bill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605 (2d Cir. 2006). Dorling Kindersley (DK) published a comprehensive "coffee table" book documenting the thirty-year history of the famous rock band, the Grateful Dead. The book included seven copies of old concert posters in which the plaintiff, Bill Graham Archives (BGA), owned the copyrights. The court found that DK's use of the posters was within the limits of fair use. In this case, the court ruled that using copied artworks in a reduced size may be fair use so long as the use is transformative and not for purposes of exploiting the creative nature of the copied works. Even when the full work is reproduced, it can still be fair use if the amount used was necessary to further the purpose of the fair use.
  • National Center for Jewish Film v. Riverside Films LLC, 2012 WL 4052111 (C.D.Cal. Sept. 14, 2012). Defendant, Riverside Films created a documentary about a 19th Century Yiddish author that examined the 150 years of Jewish history using clips from four films copyrighted by the plaintiff. The court ruled that the use of plaintiff's films was a fair use because it added and transformed the original films through editing and commentary. The court considered bad faith, and it is worth noting that while bad faith is not a statutory factor in the determination of fair use, the bad faith or good faith of the user can be an important consideration in swaying the court for or against a finding of fair use.
  • SOFA Entertainment, Inc. v. Dodger Productions, Inc., 2013 WL 1004610, (9th Cir. 2013). Defendant, Dodger Productions used a seven-second clip, owned by SOFA Entertainment, of Ed Sullivan's introduction of the Four Seasons on The Ed Sullivan Show in its musical Jersey Boys. The court ruled that the defendant's use of a clip from plaintiff's work was fair use, particularly because it not only did not harm the plaintiff's copyright but also because society's enjoyment of Dodger's creative endeavor was enhanced with its inclusion.
  • Cariou v. Prince, _ F.3d _ (2d Cir. 2013). Plaintiff Patrick Cariou published a book of photographs of Rastafarians and landscapes taken in Jamaica. Defendant Richard Prince utilized entire images or as well as portions of Cariou's photographs in 28 paintings, many of which were shown in the Gagosian Gallery. The court held that Prince's works made fair use of Cariou's photographs. Appropriation art that utilizes portions of or entire works created by others might be fair use if they are changed to create a new expression or communicate a different result.
  • Authors Guild, Inc. v. HathiTrust, 2012 WL 4808939 (S.D.N.Y. Oct. 10, 2012). A number of university libraries entered into agreements with Google under which Google would digitize works in the libraries' collections and provide them with digital copies. Many of those libraries deposited the digital copies with the HathiTrust Digital Library. HathiTrust displayed in full only those books that were in the public domain or for which the copyright owner had authorized use. For protected works, HathiTrust provided a full-text search that only showed the page numbers on which a term was found and the number of times the term appeared on each page. The court ruled that the defendants' use of the works constituted fair use. Digitizing and making available works in a limited capacity can be lawful under rigorously controlled conditions, especially when the use is transformative and specifically for use by scholars and print-disabled persons. This decision is currently on appeal.
  • Cambridge University Press v. Becker, 863 F.Supp.2d 1190 (N.D.Ga 2012). Plaintiffs Cambridge University Press, Sage Publications and Oxford University Press sued officials at Georgia State University ("GSU") for copyright infringement. The publishers' complaint arose from Georgia State's practice of allowing faculty to use university networks and university library E-reserves systems to copy and distribute book excerpts to students without paying licensing fees. Officials for GSU, a public university, claimed that the creation and use of the unlicensed copies were allowable pursuant to the fair use doctrine, and therefore not copyright infringement. The court rejected all but five of 75 claims that the Georgia State University (GSU) Library's system of e-reserves infringed copyrights owned by Cambridge University Press, Oxford University Press, and Sage Publications. This is a case of first impression and it will strongly influence further judicial considerations of the issue. This case will most likely go up for appeal.

Conducting a Fair Use Analysis

The Fair Use checklist below can be used to assist you when conducting a fair use analysis. Fair use is very fact- and context-dependent. We recommend contacting MCCCD's general counsel for further input after you have reviewed this checklist if you are in any doubt. This checklist can help you organize your thoughts, but it DOES NOT tell you if a proposed use is fair or not and is not a substitute for legal advice.

Please note that no single factor is decisive of fair use, and on any given factor, you may find that some aspects of your proposed use fall in the "favors fair use" column, while others simultaneously "weigh against" fair use. There also may be other relevant considerations that do not appear in this checklist. Many considerations are relevant, and only by looking at all of the facts, across all the issues, can you make a reasonable estimation about whether your use is fair or not.

Fair Use Checklist

Consult this Fair Use Checklist. (requires Adobe Reader).

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Guidelines for Specific Media

Printed Materials

Printed materials include text from books, newspapers, magazines, periodicals, newsletters, web sites, journals, personal letters, speeches and interviews. When adapting works from text - as from all sources - it is important not only to comply with the copyright laws, but also to adhere to MCCCD's plagiarism policy.

After debating the scope of fair use for educational institutions, Congress included guidelines for the copying of printed materials in the legislative history of the Copyright Act. These guidelines represent the minimum boundaries of fair use. Uses outside of these guidelines may qualify as fair use.

Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals

  1. Single Copying for Teachers
    A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
    • A chapter from a book; 
    • An article from a periodical or newspaper; 
    • A short story, short essay, or short poem, whether or not from a collective work; 
    • A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper;
  2. Multiple Copies for Classroom Use
    ​Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:
    • The copying meets the tests of brevity and spontaneity as defined below; and, 
    • Meets the cumulative effect test as defined below; and, 
    • Each copy includes a notice of copyright

Definitions 

Brevity

  1. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words. 
  2. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. [Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.] 
  3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue. 
  4. "Special works": Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 works in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the works found in the text thereof, may be reproduced.

Spontaneity

  1. The copying is at the instance and inspiration of the individual teacher. 
  2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect

  1. The copying of the material is for only one course in the school in which the copies are made. 
  2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. 
  3. There shall not be more than nine instances of such multiple copying for one course during one class term. [The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

Prohibitions as to I and II Above

Notwithstanding any of the above, the following shall be prohibited:

  1. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately. 
  2. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
  3. Copying shall not:
    • substitute for the purchase of books, publishers' reprints or periodicals; 
    • be directed by higher authority; 
    • be repeated with respect to the same item by the same teacher from term to term.
  4. No charge shall be made to the student beyond the actual cost of the photocopying.

Course Packets

The use of course packets can be a cost-effective means of providing students with concise, current educational materials and excerpts when it is not necessary for students to read an entire work. Courts, however, have confirmed that reproducing copyrighted materials into course packets generally exceeds the scope of fair use. If you are creating a course packet, you must either verify the work you seek to copy is not protected by copyright or seek permission to use the work within the packet. Be prepared to pay a fee or royalties for using the work. The permissions process can take time, so it is generally advised that you prepare ahead and start early. Often the copy center preparing the course packet can assist you with the permissions process.

Books

Books almost always contain copyrightable materials, including text, photographs and illustrations. The selection and organization of public domain materials into a collective work may also be separately copyrightable. These works can be individually written, co-authored or written by institutional or corporate entities. An anthology may have one editor, but contain several shorter independently copyrighted works within it. It is also important to remember that the portion of the book you want to use may itself have been copied by the books' author(s) with or without permission. If so, you will need to seek out the original source of the material to secure permission for your intended use. If you are trying to find the copyright owner through the publisher, be aware that the same work may have more than one publisher depending upon the format of the work - hard back, paper back, North American rights, foreign language/country rights, reprints in digests or anthologies, etc. Electronic books - or e-books as they are known - typically originate in print form and are copyrightable. In any event, the copyrights for electronic books are treated no differently than printed books. Never store an e-book or similar electronic text on a website or other computer format accessible to others.

Periodicals

Newspapers, magazines, journals and other periodicals contain a multitude of copyrightable material - only some of which may be controlled by the publisher of the periodical. Freelance writers and photographers who contribute their works to the periodical may retain the copyrights in their works. Other works are written by employees and are works for hire owned by their employer. National syndicates may control some columns and cartoons that appear in various periodicals across the country (e.g. Dear Abby).

Because the periodical's general copyright notice covers all the works within the periodical, individual copyright notices may not appear on these individual works, even if they are independently owned and controlled. If the copyright status of the work is not obvious from the article or work itself, the publisher of the periodical may have more information about its status or who to contact for more information.

Advertisements

Advertisements are generally owned by the advertiser, though it is becoming more common for an advertising agency to retain copyrights in its ad campaigns. Remember, even companies that go out of business often sell their assets, including their intellectual property rights. If you are interested in using an older advertisement, do not assume that you do not have to clear the rights solely because the company is no longer in business. Use of a company's trademarks may also require clearance and permission.

Graphs, Charts and Lists

Copyright law does not protect facts. Lists of facts, databases of pure fact and compilations of facts can be protected by copyright, though, in how they are uniquely selected, expressed and organized. Wholesale copying of lists of facts is almost definitely an infringement. If you feel certain you are using only facts and have separated them from their unique organization and expression, permission should not be required. Graphs, charts and illustrations used to supplement or enhance factual information have a higher level of originality and copyrightability and do not constitute facts. Thus, you must separately analyze whether you need permission to use such materials under general copyright law and fair use principles.

Letters

Remember, the copyrights within a work are separable from the work itself. Generally, the writer of a letter owns the copyrights within the letter, but the person to whom the letter was written owns the physical letter itself. When using works such as private letters and diaries, there is a good chance the works are unpublished. This means that even if the works are quite old, the copyrights may still exist and you need to seek permission. Private letters also raise concerns about invasion of privacy. If the letters are of a particularly intimate nature, you could be liable for making such information public.

Interviews and Speeches

Oral works such as interviews and speeches also require special consideration. Copyright laws do not protect works until they have been fixed in a tangible medium. Fixation (e.g. recording, writing down) must occur with the author's permission. Truly impromptu speeches that are not written down or recorded are not "fixed" and thus are not protected by copyright. Speeches that have been recorded with permission may require you to clear rights both with the author of the speech and with the person or entity that recorded the speech. If you purchase a copy or transcript of a television broadcast, be sure to read and follow any limitations of use that accompany the transcript.

As for interviews, the person being interviewed may claim copyrights in the interview. The conductor of the interview may also claim copyrights in the interview, perhaps in the questions asked which elicited a particular response from the interviewee, so you may need permission from both people, depending upon what portions of the interview you use. Remember, merely crediting the original source will not alleviate infringement if what you really need is permission to use the work.

Page Updated 05/20/14

Library Policies

Copies for Use by Others

Generally, it is not an infringement of copyright for a library to make one copy of a work (1) and distribute it if:

  1. the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
  2. the library collections are open to the public or are available to persons not affiliated with the library who are doing specialized research; and
  3. the reproduction or distribution includes the work's copyright notice or, if the original work does not contain a copyright notice, the library includes a legend warning the user that the work may be protected by copyright.
    17 U.S.C. § 108

Copying Articles and Small Excerpts

Generally, it is not an infringement of copyright for a library to copy one article or contribution to a copyrighted collection or periodical or a small part of another copyrighted work if:

  1. the copy becomes the property of the user who makes the request and the library has no notice that the copy will be used for any purpose other than private study, scholarship or research; and
  2. the library prominently displays on its order form and at the place where orders are accepted an appropriate warning.
    17 U. S. C. § 108(d)

Copyright regulations provide the following warning, which should be listed verbatim:

NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS

THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, UNITED STATES CODE) GOVERNS THE MAKING OF PHOTOCOPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. UNDER CERTAIN CONDITIONS SPECIFIED IN THE LAW, LIBRARIES AND ARCHIVES ARE AUTHORIZED TO FURNISH A PHOTOCOPY OR OTHER REPRODUCTION. ONE OF THESE SPECIFIED CONDITIONS IS THAT THE PHOTOCOPY OR REPRODUCTION NOT BE "USED FOR ANY PURPOSE OTHER THAN PRIVATE STUDY, SCHOLARSHIP, OR RESEARCH." IF A USER MAKES A REQUEST FOR, OR LATER USES, A PHOTOCOPY OR REPRODUCTION FOR PURPOSES IN EXCESS OF "FAIR USE," THAT USER MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT. THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO ACCEPT A COPYING ORDER IF, IN ITS JUDGMENT, FULFILLMENT OF THE ORDER WOULD INVOLVE VIOLATION OF COPYRIGHT LAW (2). 

37 C.F.R. § 201.14.

Copying Out-of-Print Works

The library may reproduce and distribute an entire work or a substantial part of a work from its collection if the library reasonably investigates the availability of the work and determines that a copy of the work cannot be obtained at a fair price and:

  1. the copy becomes the property of the user who makes the request and the library has no notice that the copy will be used for any purpose other than private study, scholarship or research; and
  2. the library prominently displays on its order form and at the place where orders are accepted the warning listed above.

A "reasonable" investigation should include use of commonly known trade sources and contact with the publisher, copyright owner(s) or their authorized reproducing services. 17 U.S.C. § 108(e).

Multiple Copies

The library can reproduce and distribute the same material on isolated and unrelated occasions so long as the library is not aware, or does not have substantial reason to believe that, it is engaging in the concerted reproduction or distribution of multiple copies of the same material.

Interlibrary Loans

The issue of interlibrary loans is fairly complex and goes beyond the scope of these guidelines. We will note, however, that libraries are free to participate in interlibrary loan programs so long as the arrangements do not have the purpose and effect that the receiving library substitutes the loans for purchasing copies or subscriptions of the work. 17 U.S.C. § 108(g)(2). To help interpret this language, the National Commission on New Technological Uses of Copyrighted Works (CONTU) suggested the interpretation which Congress included in its conference report on the matter. Though the guidelines are not law, they are considered to be a workable and fair interpretation of the intent of § 108(g)(2).

  • These guidelines are intended to provide guidance in the application of section 108 to the most frequently encountered interlibrary case: a library's obtaining from another library, in lieu of interlibrary loan, copies of articles from relatively recent issues of periodicals - those published within five years prior to the date of the request. The guidelines do not specify what aggregate quantity of copies of an article or articles published in a periodical, the issue date of which is more than five years prior to the date when the request for the copy thereof is made, constitutes a substitute for a subscription to such periodical. The meaning of the proviso to subsection 108(g)(2) in such case is left to future interpretation.
  • The point has been made that the present practice on interlibrary loans and use of photocopies in lieu of loans, may be supplemented or even largely replaced by a system in which one or more agencies or institutions, public or private, exist for the specific purpose of providing a central source for photocopies. Of course, these guidelines would not apply to such a situation.

GUIDELINES FOR THE PROVISION OF SUBSECTION 108(G)(2)

  1. As used in the proviso of subsection 108(g)(2), the words "… such aggregate quantities as to substitute for a subscription to or purchase of such work" shall mean:
     
    • (a) with respect to any given periodical (as opposed to any given issue of a periodical), filled requests of a library or archives (a "requesting entity") within any calendar year for a total of six or more copies of an article or articles published in such periodical within five years prior to the date of the request. These guidelines specifically shall not apply, directly or indirectly, to any request of a requesting entity for a copy or copies of an article or articles published in any issue of a periodical, the publication date of which is more than five years prior to the date when the request is made. These guidelines do not define the meaning, with respect to such a request, of "… such aggregate quantities as to substitute for a subscription to [such periodical]".
    • (b) With respect to any other material described in subsection 108(d), (including fiction and poetry), filled requests of a requesting entity within any calendar year for a total of six or more copies or phonorecords of or from any given work (including a collective work) during the entire period when such material shall be protected by copyright.
       
  2. In the event that a requesting entity -
     
    • (a) shall have in force or shall have entered an order for a subscription to a periodical, or
    • (b) has within its collection, or shall have entered an order for, a copy or phonorecord of any other copyrighted work, material from either category of which it desires to obtain by copy from another library or archives (the "supplying entity"), because the material to be copied is not reasonably available for use by the requesting entity itself, then the fulfillment of such request shall be treated as though the requesting entity made such copy from its own collection. A library or archives may request a copy or phonorecord from a supplying entity only under those circumstances where the requesting entity would have been able, under the other provisions of section 108, to supply such copy from materials in its own collection.
       
  3. No request for a copy or phonorecord of any material to which these guidelines apply may be fulfilled by the supplying entity unless such request is accompanied by a representation by the requesting entity that the request was made in conformity with these guidelines.
  4. The requesting entity shall maintain records of all requests made by it for copies or phonorecords of any materials to which these guidelines apply and shall maintain records of the fulfillment of such requests, which records shall be retained until the end of the third complete calendar year after the end of the calendar year in which the respective request shall have been made.
  5. As part of the review provided for in subsection 108(i), these guidelines shall be reviewed not later than five years from the effective date of this bill.

Unsupervised Copying by Others

Libraries are generally not liable for the unsupervised use of reproducing equipment located on its premises if the equipment displays a notice that the work being copied may be subject to the copyright law. 17 U.S.C. § 108. The following warning should be used:

NOTICE: THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17 U.S. CODE) GOVERNS THE MAKING OF PHOTOCOPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL.

THE PERSON USING THIS EQUIPMENT IS LIABLE FOR ANY INFRINGEMENT.

17 U.S.C. § 108(b)

Copies of Unpublished Works for Preservation and Security or Research

A library may reproduce and distribute up to three copies of an unpublished work if the purpose is for preservation and security of the work. Three copies can also be made of the work if the copies will be deposited for research in another library if:

  1. the library collections are open to the public or are available to persons not affiliated with the library who are doing specialized research;
  2. the work is in the collections of the first library; and
  3. copies made in digital form are not distributed in digital form or made available to the public in digital form outside the library premises.

Copies of Published Works for Replacement Purposes

A library may reproduce up to three copies of a published work if its purpose is solely to replace a copy that is damaged, deteriorating, lost or stolen or if the format in which the work currently exists has become obsolete, if:

  1. after a reasonable effort, the library has determined that an unused replacement cannot be obtained at a fair price; and
  2. copies made in digital form are not distributed in digital form or made available to the public in digital form outside the library premises.

"Obsolete" is further defined as meaning the machine necessary to view the copy of the work is no longer manufactured or reasonably available in the marketplace. 17 U.S.C. § 108(c).

Lending of Computer Software

MCCCD's libraries may lend computer software for temporary use by faculty and students. Any copy of a computer program lent by one of MCCCD's libraries must have affixed to the copy the following copyright warning:

NOTICE: WARNING OF COPYRIGHT RESTRICTIONS

THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, UNITED STATES CODE) GOVERNS THE REPRODUCTION, DISTRIBUTION, ADAPTATION, PUBLIC PERFORMANCE, AND PUBLIC DISPLAY OF COPYRIGHTED MATERIAL. UNDER CERTAIN CONDITIONS SPECIFIED IN LAW, NONPROFIT LIBRARIES ARE AUTHORIZED TO LEND, LEASE, OR RENT COPIES OF COMPUTER PROGRAMS TO PATRONS ON A NONPROFIT BASIS AND FOR NONPROFIT PURPOSES. ANY PERSON WHO MAKES AN UNAUTHORIZED COPY OR ADAPTATION OF THE COMPUTER PROGRAM, OR REDISTRIBUTES THE LOAN COPY, OR PUBLICLY PERFORMS OR DISPLAYS THE COMPUTER PROGRAM, EXCEPT AS PERMITTED BY TITLE 17 OF THE UNITED STATES CODE, MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT. THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO FULFILL A LOAN REQUEST IF, IN ITS JUDGEMENT, FULFILLMENT OF THE REQUEST WOULD LEAD TO VIOLATION OF THE COPYRIGHT LAW.

The copyright warning set forth above must be affixed "to the packaging that contains the copy of the computer program, which is the subject of a library loan to patrons, by means of a label cemented, gummed, or otherwise durably attached to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copy of the computer program." 37 CFR 201.24. In addition, the notice must be "printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual user of the computer program." Id. 

--------------------Footnotes
(1) - Except where noted, the following rules apply to printed materials but generally do not apply to musical works, motion pictures or pictorial, graphic or sculptural works. They also do not apply to audiovisual works other than an audiovisual work dealing with the news, which are given special consideration. However, fair use considerations still apply to these types of works.

(2) - The warning must be printed on heavy paper or another durable material in at least 18 point type. It must be clearly visible, legible and comprehensible to a casual observer in the immediate vicinity of the place where orders are taken. The warning must also appear on the actual order form. It can be placed on the front side of the form or immediately adjacent to the signature line. The size cannot be smaller than 8 points, but should be in the same type size used throughout the form and it must be clearly legible, comprehensible and readily apparent to a casual reader of the form.

Page Updated 05/20/14

MCCCD Copyright Guidelines

Introduction

It is the policy of the Maricopa County Community College District to respect the rights of copyright owners and to follow the Copyright Act, 17 U.S.C. § 101 et seq. The MCCCD Copyright Guidelines present the District's position regarding use of copyrighted works. Copyright law is complex and still unsettled on many issues, especially in the educational arena. The Guidelines should keep you within the law, but there are no guarantees. Every person who uses District resources should abide by these Guidelines. Failure to follow the Guidelines may create individual liability for copyright infringement.

Guidelines in a Nutshell

The Guidelines are designed to help MCCCD faculty, staff and students abide by copyright laws and to inform them of their rights and responsibilities under copyright law. The Guidelines provide direction for using potentially copyrighted materials in general and in specific media. The Guidelines, in a nutshell, teach:

  • Not all educational uses are "fair uses." Whether a proposed use qualifies as a fair use depends upon the facts of the case. Fair use is discussed in detail in the Fair Use section of the Guidelines.
  • Public domain works are available for all to use without restriction. Public domain works include older works or works created by the federal government. Unless a work was published before 1923, you should presume it is copyrighted. If it was published after March 1, 1989, it is almost certainly copyrighted. A detailed description of public domain works is set forth in the Public Domain section of the Guidelines.
  • If the material is copyrighted and the use is not a fair use, you must obtain permission to use the material. Some contact information and a form for obtaining Permission are set forth below.
  • When dealing with issues of attribution, destruction or other changes to works of visual arts, the artist's moral rights may also need to be cleared.

Use of MCCCD Resources

MCCCD resources may only be used to reproduce or otherwise use copyrighted material as permitted under the Guidelines. MCCCD resources are broadly defined to include photocopiers, computer terminals and servers. Examples of uses that may fall outside the Guidelines include copying software without permission, file swapping over the Internet and photocopying. Note that MCCCD's Computing Resource Standards specifically prohibit the use of MCCCD computing resources to infringe copyrights or other intellectual property rights.

Page Updated 05/20/14

Online Learning and the TEACH Act

Copyright law governs the use of copyrighted materials in the online-learning context. Accordingly, any use of copyrighted materials by MCCCD faculty or students in the online-learning context must comply with MCCCD's Copyright Guidelines.

The Technology Education and Copyright Harmonization (TEACH) Act was enacted in 2002 and updated the copyright law to expand the ability of certain institutions to offer distance or online learning. The TEACH Act facilitates and enables the performance and display of copyrighted materials for online education by accredited, non-profit educational institutions that meet the TEACH Act's qualifying requirements. Specifically, section 110(2) of the TEACH Act covers online education as well as face to face teaching which has an online, web-enhanced, transmitted, or broadcast component.

The TEACH Act's primary purpose is to balance the needs of online learning and educators with the rights of copyright holders. The TEACH Act may exempt from liability the transmission, including over a digital network, of a non-dramatic, or a limited portion of a dramatic, performance or display of a copyrighted work by an accredited non-profit educational institution to students officially enrolled in a course.

Expanded Rights under the TEACH Act

The expanded rights under section 110(2) of the TEACH Act include:

  1. The ability to transmit performances of all non-dramatic literary or musical works and display of all works. Note that non-dramatic works exclude audiovisual works. Examples of permitted performances include a poem or short story reading. Non-dramatic works would also include all music except opera, music videos and musicals because it excludes audiovisual works. A performance means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
  2. The ability to transmit reasonable and limited portions of any other performance. This includes all audiovisual works such as films and videos and any dramatic musical works excluded in number 1 above. This does not include works produced or marketed primarily for display as part of mediated instructional activity via digital network. The 'reasonable and limited portion' requirement applies to the performance of any type of work (other than nondramatic literary or musical works which can be performed and transmitted in their entirety). In determining what is reasonable and limited one should take into account both the nature of the market for that type of work and the pedagogical purposes of the performance.
  3. The ability to transmit displays of any work in amounts comparable to a typical classroom setting. To display a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

In summary, the TEACH Act expands the range of allowed works. The TEACH Act permits the display and performance of nearly all types of works, or at least portions thereof. It also expands receiving locations of teaching or educational materials. For example, educational institutions may now reach students through distance or online education at any location. The TEACH Act allows retention of content and student access for a brief period of time, and it permits copying and storage that is incidental or necessary to the technical aspects of digital transmission systems. In order to facilitate digital transmission, the TEACH Act permits digitization of some analog works, but in most cases only if the work is not already available in digital form.

Exclusions from Coverage

Not everyone, and not every work, is covered under the TEACH Act. Section 110(2) only applies to accredited nonprofit educational institutions, such as the MCCCD. However, even for accredited nonprofit institutions, the rights granted under the TEACH Act do not extend to:

  1. the use of works primarily produced or marketed for in-class use in the digital distance education market, e.g., digital educational materials or works developed and marketed for use in a physical classroom;
  2. works that the instructor knows or has reason to believe were not lawfully made or acquired;
  3. textbooks, coursepacks and other materials typically purchased by students individually.

    The third exclusion results from the definition of "mediated instructional activities," a key concept within the expanded Section 110(2) meant to limit it to the kinds of materials an instructor would actually incorporate into a face-to-face class-time lecture. In other words, the TEACH Act covers works an instructor would show or play during class, such as movie or music clips, images of artworks in an art history class, or a poetry reading. It does not cover materials an instructor may want students to study, read, listen to or watch on their own time outside of class. Instructors must rely on other rights they may have to post those materials, such as the Fair Use Statute, or they may simply be required to get permission.

Guidelines for Providing Online Access to Materials Performed or Displayed in an Online Course

The following guidelines apply to the performance or display of electronic materials that may be used for an online course or seminar.

  1. Authentication: ​To comply with the TEACH Act's provisions, the MCCCD must use secure authentication technology to restrict access to copyrighted materials placed within a course. When properly maintained, official courseware packages (such as Canvas) that restrict distribution of materials only to students in the class meet the requirements of the TEACH Act. Performances and displays of copyrighted materials, other than those which the individual instructor created, should not be available on a faculty member's webpage unless:
    • They have received permission from the copyright holder.
    • The MCCCD has a license that permits such use of the work.
    • Course web pages are password protected limiting access to students in the class, and meet all of the TEACH Act requirements.
  2. Current Enrollment: Access to performances and displays of copyrighted materials must be limited to students currently enrolled in the course.
  3. Time Limits: Copyrighted electronic materials should be available for a predetermined amount of time only. For example, a single class session. This can be achieved through control of the content via password or time limits applied to the internal hyperlink or folder access.
  4. Displays: A display of copyrighted works such as copies of art, graphics, photographs, etc., in an online classroom must be comparable to what would typically be displayed in a live classroom.
  5. Performances: The extent to which a copyrighted work may be performed without obtaining a license to do so depends on the type of work. The following may be performed:
    • Entire nondramatic literary and musical works.
    • Limited and reasonable portions of other works such as audiovisual works and motion pictures may be shown or performed.
    • No portion of a work produced solely for use in online instruction.
  6. Download Controls: Reasonable measures must be taken to prevent retention and/or dissemination of electronic works for longer than the prescribed time period, generally a single class session. Copyrighted images and graphics should be made available in a format with limiting printing and saving controls. Copyrighted electronic materials such as video and audio should be streamed to avoid the downloading and saving of the file.

TEACH Compliance Checklist

Consult this MCCCD TEACH Checklist to ensure compliance with the TEACH Act for an online course (requires Adobe Reader).

Page Updated 05/20/14

Online Materials

The ease of posting and copying digital material has made the Internet a hotbed of copyright infringement. The popularity of downloading copyrighted music and art off the Internet has created the false impression that such activity is legal, when in fact, it often is not. Downloading copyrighted music, video, or art is prohibited, unless you have specific permission to do so.

Use of Freely-Available Materials on the Internet

Copyrightable materials are often available on the Internet without any indication of their copyrighted status, such as a copyright notice. As a result, you should assume everything you find on the Internet is copyrighted, unless otherwise labeled. This rule of thumb applies to all categories of copyrightable works, such as pictures, articles, video and music. Even popular activities, such as file swapping or copying software or pictures from the Internet may be copyright infringement and should be avoided. There may also be copyrights in screenshots.

Open Educational Resources (OER)

The term Open Educational Resources (OER) was first introduced at a conference hosted by the United Nations Educational Scientific and Cultural Organization (UNESCO) in 2000, and was promoted in the context of providing free access to educational resources on a global scale. The MCCCD Maricopa Millions OER Project defines OER as "teaching, learning, and research resources that are copyright-free or have been released under a copyright license that permits others to reuse, revise, remix and redistribute them. Examples of OER include: full courses, course modules, syllabi, lectures, homework assignments, quizzes, lab and classroom activities, pedagogical materials, games, simulations, and many more resources contained in digital media collections from around the world."

A number of search engines and websites exist to search for OER that can be used in the classroom or for online learning. Some examples are:

  • OER Commons - "Find Free-to-Use Teaching and Learning Content from around the World. Organize K-12 Lessons, College Courses, and more."
  • Creative Commons DiscoverEd - "Discover the Universe of Open Educational Resources".
  • Jorum - "(OER) shared and created under CC licenses by those who teach in or create content for the further and higher education communities in the UK."
  • Temoa — a portal for OER.
  • University Learning = OCW+OER = Free custom search engine - a meta-search engine incorporating many different OER repositories (uses Google Custom Search).
  • XPERT - a resource search engine from the University of Nottingham, UK.
  • OER Dynamic Search Engine - a wiki page of OER sites with search functionality.
  • JISC Digital Media - advice on finding video, audio and images online, including those licensed as Creative Commons.

Creative Commons Licenses

A Creative Commons (CC) license is one of several types of open or public licenses that enable the free distribution of an otherwise copyrighted work. A CC license is used when an author wants to give people the right to share, use and build upon a work that they have created. A CC license provides an author flexibility (for example, they might choose to allow only non-commercial uses of their own work) and protects the people who use or redistribute an author's work, so they don't have to worry about copyright infringement, as long as they abide by the conditions that are specified in the license by which the author distributes the work.

There are several types of CC licenses. The licenses differ by several combinations that condition the terms of distribution. The CC licenses were initially released on December 16, 2002 by Creative Commons, a U.S. non-profit corporation founded in 2001.

There are six types of CC licenses. A description of each license is described below:

  1. Attribution (CC BY) — This license lets others distribute, remix, tweak, and build upon a work, even commercially, as long as the user credits the author of the original creation. This is the most accommodating license offered. This license is recommended for maximum dissemination and use of licensed materials. The credit should include the title of the work, the author, the type of work and the type of license, with a link back to the original work if available online. An example of a credit to a photograph of a wolf is "Wolf photograph by S. Smith is licensed under CC BY 2.0."
  2. Attribution-ShareAlike (CC BY-SA) — This license lets other remix, tweak, and build upon a work even for commercial purposes, as long as they credit the author and license their new creations under the identical terms. This license is often compared to so-called "copyleft" free and open source software licenses. All new works based on the author's work will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.
  3. Attribution-NoDerivs (CC BY-ND) — This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the author.
  4. Attribution-NonCommercial (CC BY-NC) — This license lets others remix, tweak, and build upon a work non-commercially, and although a user's new work must also acknowledge the author and be non-commercial, the user does not have to license the derivative work under the same terms.
  5. Attribution-NonCommercial-ShareAlike (CC BY-NC-SA) — This license lets others remix, tweak, and build upon a work non-commercially, as long as they credit the author and license any new creations under the identical terms.
  6. Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) — This license is the most restrictive of the six licenses, only allowing others to download works and share them with others as long as the user credits the author, but the user cannot change the works in any way, or use them commercially.

Posting Copyrighted Materials to MCCCD Websites

You should only post copyrighted materials on the MCCCD website, individual MCCCD college sites, or any other site hosted by MCCCD servers if you have specific, written permission from the copyright owner to post their materials on the Internet. Permission to use or copy material for other purposes may not include the right to post that same material on a website. Posting copyrighted material on a website without permission may constitute infringement of the right to reproduce, distribute, display or perform that work. It may also make you contributorily liable if third parties access the work for infringing purposes.

In addition, faculty and other teachers should not post or otherwise provide online access to instructional materials that were required or recommended in any face-to-face MCCCD class within the prior three years, unless permission was obtained to post the material. Also remember that student works may be copyrighted and should not be posted on the MCCCD site without written permission from the student. If you are unsure of the propriety of posting particular material on a site, contact the Office of General Counsel at 480-731-8878.

Linking to Websites

It is common practice for websites to include links to other websites, and this is typically not a problem. However, there are some risks involved. Before hyperlinking to another website, the other site should be checked for any conditions that might apply when linking. For example, it is good practice to avoid "deep-linking" or hyperlinking directly to material and bypassing the homepage. By deep-linking, there is a danger that identification of the owner/ creator is removed from the original website. It may appear that the linked content is your own. Thus, it is advisable to link to the home page of a website, and clearly label the links with the name of the website and creator or author of the website. Also, avoid the use of frames and do not link from frames to another external site without permission. If you do link to an external website, make sure it opens in a separate frame to avoid confusion or possible misinterpretation of ownership.

Page Updated 05/20/14

Permission

Unless your use of a work is fair use or the work is in the public domain, you will need to get permission before using it. If, after conducting background research and due diligence, you are still uncertain about the copyright status of the work, you should err on the side of caution and seek permission. Though it is important to properly credit the source of a work, giving credit to an author will not substitute for getting authorization or paying royalties, if such are required.

Who owns the copyrights in the work?

Generally, the author of a work owns the copyrights in the work. An exception is for "works for hire," which are works created by an employee within the scope of her duties. Copyrights for works for hire are owned by the employer. Copyrights may also be transferred through sale or otherwise.

How do I find the owner of a copyright?

There are several resources to help you locate the owner of copyrights. You should remember, though, that each "copy" "right" is separately assignable, so it is possible more than one person or entity may be involved. The Internet is an invaluable resource and you may find answers by entering the author's name, the title of the work and the word "copyright" into an Internet search engine.

Do not overlook the obvious. Many works contain copyright notices, which provide the name of the copyright owner. Contact that person or entity first. Websites often contain copyright notices or contact information in the legal notices or privacy notice sections of the site. Remember, though, that just because you found a work on a website does not mean the website proprietor owns the copyrights in the work - or has permission to reproduce it.

If the work does not contain a copyright notice, try contacting the publisher for more information. Another resource is the author or his/her family. Though you cannot be certain that the author kept the copyrights, he/she should not be overlooked as a resource. It is important to exercise some caution when dealing with heirs and family members of deceased authors, as they may believe the copyrights belong to the family, when in fact the copyrights may have been transferred or assigned.

The U.S. Copyright Office also has a searchable copyright database on its web site at www.copyright.gov, which contains records of registrations and ownership documents since 1978. Remember, though, that copyrights now exist at creation and the registration of copyrights is not mandatory. Private search companies can also assist your research, but can be costly.

Some companies specialize in representing artists or authors within an industry and may act as the sole licensing agent. We have provided some of the most common sources below.

Music Industry

  1. BMI, 320 W. 57th Street, New York, NY 10019, www.bmi.com.
  2. ASCAP, One Lincoln Plaza, New York, NY 10023, www.ascap.com.
  3. SESAC, 152 West 57th Street, New York, New York, NY 10019, www.sesac.com.
  4. The Harry Fox Agency, 711 Third Avenue, 8th Floor, New York, NY 10017, www.harryfox.com.
  5. Recording Industry Association of America (RIAA), www.riaa.com.

Fine and Graphic Art

  1. AMICO Art Museum Image Consortium, www.amico.org.
  2. Visual Artists and Galleries Association (VAGA), 350 Fifth Avenue, Suite 6305, New York, NY. www.vagarights.com.
  3. Artists' Rights Societies (ARS), 536 Broadway, 5th Floor (at Spring Street), New York, NY 10012, www.arsny.com.
  4. Graphic Artists Guild, 90 John Street, Suite 403, New York, NY 10038, www.graphicartistsguild.org.
  5. Society of Children's Book Writers and Illustrators (SCBWI), 8271 Beverly Boulevard, Los Angeles, CA 90048, www.scbwi.org.

Syndicates (News Columns, Editorials and Cartoons)

  1. Universal Press Syndicate, Permissions Director, Andrews McMeel Universal, 4520 Main Street, Kansas City, MO 64111-7701, www.uexpress.com.
  2. Tribune Media Services, Inc., 435 North Michigan Avenue, #1500, Chicago, IL 60611, www.tribunemediaservices.com.
  3. Creators Syndicate, Inc., 5777 West Century Boulevard, # 700, Los Angeles, CA 90045, www.creators.com.
  4. Los Angeles Times Syndicate, 2 Park Avenue, Floor 18, New York, NY 10016, www.newscom.com (note: there is a fee to view the site).

Photography

  1. AP/Wide World Photos: www.apimages.com.
  2. Jupiter Images: www.jupiterimages.com.
  3. Time & Life Pictures: www.timelifepictures.com.
  4. Worldwide Photojournalism: www.blackstar.com.

Printed Materials

  1. Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, www.copyright.com.
  2. Publication Rights Clearinghouse, National Writers Union, 113 University Place, 6th Floor, New York, NY 10003, Fax 212-254-0673. www.nwu.org

Plays/Musicals

  1. Samuel French, Inc., 45 West 25th Street - Dept. W, New York, NY 10010, 212-206-8990, www.samuelfrench.com.
  2. Dramatists Play Service, Inc., 440 Park Avenue South, New York, NY 10016, 212-683-8960, www.dramatists.com.
  3. Music Theatre International, 545 Eighth Avenue, New York, NY 10018, 212-868-6668, www.mtishows.com.

Movies

  1. Motion Picture Licensing Corporation, 5455 Centinela Avenue, Los Angeles, CA 90066, 800-462-8855, www.mplc.org.
  2. Movie Licensing USA (serves public schools K-12 and public libraries), 1-888-267-2658, www.movlic.com.

Orphan Works — When a copyright owner cannot be found

An "orphan work" is a common term used to describe a work that cannot be matched with an owner, or the owner of the work is known but cannot be found. Congress has considered legislation to address the problem of orphan works, but as of yet, nothing has been passed. So, if you find a work that you want to use and discover that it is an orphan work, what do you do? The tips below will help guide you in your decision making process.

  1. Copyright owner is unknown.
    Often times, the work does not have an owner name or the name of the artist. After properly searching through catalogs, databases and any other sources, it may be a fruitless effort. In addition, you may have found that the artist died or the company no longer exists. In this case, it is best to go back to fair use, use an alternative work or alter your planned use of the work. In any case, it is better to be err on the side of caution and not use the work until permission has been obtained. Another option is to ensure that your use of the work would be considered fair use.
  2. Copyright owner is known but cannot be located.
    This is the clear case that you know who the owner is but cannot find a way to contact that person or entity. After searching various listings, the Copyright Office records, and directories, you simply cannot find contact information for the copyright owner. In this case, as in the case above, it is recommended that you find an alternative work or use the work in a way that would be considered fair use.
  3. Copyright owner was contacted but there is no response.
    You have a name and contact information but the copyright owner will simply not respond to your request. In this case, there is no choice but to abandon your efforts and seek an alternative.

If you have discovered that the work you want to use is an orphan work, there are a few possible solutions as were briefly mentioned above. For example, you can look to the fair use doctrine or replace the work with an alternative work. The primary point of obtaining permission to use a copyrighted work is to avoid infringing someone else's rights. Certainly, you should keep a paper record of your due diligence efforts. Though records will not excuse you from an infringement, it can help show that the infringement was innocent, which could reduce, or in some cases even eliminate, the amount of monetary damages available to the copyright owner. Certainly, you should conduct a reasonable amount of searching. At a minimum, you should conduct a search of the records of the U.S. Copyright Office and conduct a thorough Internet search. You should also use any well-known resources or references in your particular field. If you cannot clear the rights in a work, you should use a different work. Also, feel free to contact the Office of General Counsel at (480) 731-8878 for more guidance.

How do I get permission?

Once a copyright owner is located, you will need to contact the copyright owner and obtain written permission to use the works. You can initiate contact by email, telephone or letter. There are many types of licenses and permissions. It is important to remember that if you enter a license for use of a work, you are entering a binding contract with another party. The contract will bind you personally as only designated individuals have the authority to legally bind the District. If you enter a license, you will be bound by the terms of the license, even if the license restricts your rights more than the copyright laws. For example, a license may require you to use a certain percentage of a work or prohibit you from paraphrasing passages. For works of art, the licensor may require you to use only high-quality copies of the work (which they will often provide for a fee) and may further require specific credit lines or require you to get pre-approval of the reproduction quality of the work before you incorporate it into your project.

Be sure that the licensor warrants that it owns the rights it is granting you - or that it has the authority to act on the behalf of the rights holder.

Several other typical issues you will face include:

  • Is the license exclusive? Unless you are paying a lot of money or entering a complex agreement, it will almost always be non-exclusive;
  • What is the geographical extent of the license (e.g. North American rights, worldwide rights, U.S. rights, foreign rights, English language rights, foreign language rights);
  • The owner will want to know the purpose of your project, particularly whether it is of a commercial or educational nature and the number of copies you will make;
  • What is your project's medium and will you be allowed to re-use the work if you change the medium (e.g. from a strictly written format to a web site format);
  • What fees are involved and are they a flat fee or are royalties and an advance payment required; and
  • Is a credit line required and what is its exact wording and placement.
  • Use of a work on a web site creates unique infringement concerns for the copyright owner. The owner may require you to protect the work from further copying by any number of means, including user names, passwords, watermarking or using software that prevents copying.

What written form should I use?

Many publishers, larger entities and institutions have their own license and permissions departments and can provide standard forms for your use. Many of their forms are available online. It will often speed up the permissions process to use the licensor's standard form, but be sure you read and understand what you are signing.

The Use Agreement section of these Copyright Guidelines gives basic, standard language you can use to draft your own permission form. This section also provides a request and use agreement checklist. Naturally, you will need to adapt the language to meet your situation. The sample agreement is provided for your general information and convenience and should not be construed as legal advice. If you have specific legal questions, you should contact the Office of General Counsel at (480) 731-8878.

Whether you use your own form or a standard form, be sure you have mechanisms in place to ensure compliance with the terms of the license. For example, if the agreement does not allow you to post copies of the work on a website, be certain neither you nor anyone in your group does so. Remember, even if you do not directly infringe on a person's copyrights, you could be liable for contributory infringement.

Page Updated 05/20/14

Public Domain Works

Works that fall into the public domain are free for all to copy and use. With limited exceptions for foreign works, once a work falls into the public domain, its copyrights cannot be regained. For example, Shakespeare plays are clearly in the public domain. They are free for anyone to copy, perform or to use as a basis to create derivative works.

How do you know if a work is in the public domain?

It is not safe to assume that works have lost their copyrights just because they are old. However, there are a few safe harbors. Works "published" before 1923 are now in the public domain. But be careful. "Publication" is a legal term of art and is discussed in detail below. Works dedicated to the public domain are free for all to use as are most works of the U.S. government1.

Two different copyright duration structures exist today. One measures copyrights by an initial term and requires renewal. The other measures copyrights by the life of the author. Which structure applies depends upon when the work was created or published.

  • Works created before 1978 ("Older Works") were protected from date of publication for an initial 28-year term of protection. After the initial term, copyrights had to be renewed. If not renewed, the copyright expired and the work was ejected into the public domain. For works that were originally copyrighted after 1922 and renewed before 1978 renewal is automatic to extend the total term to 95 years (a first term of 28 years plus a renewal term of 67 years) from the end of the year in which they were originally secured. 

Older Works that remained unpublished by the end of 2002 expired on that date or will expire seventy years after the author's death, whichever is later.

  • Works created on or after Jan. 1, 1978 ("Newer Works") are protected from time of creation - when the work is fixed in a tangible medium. Copyrights exist for the life of the author plus 70 years. Works with corporate authors, works made for hire and anonymous works are protected for the shorter of either 95 years from publication or 120 years from creation.

Is the entire work in the public domain?

Each separate element within a work must be analyzed to determine whether copyrights still exist. For example, a movie might have fallen into the public domain, but the copyrights in the movie's soundtrack may still exist. Because the two cannot be easily separated, you may have trouble copying the movie without infringing the rights to the soundtrack. Works within a compilation, such as a magazine or anthology, may each have separate copyright durations and owners. The fact that one work within the compilation is in the public domain does not necessarily mean the other works are as well. Similarly, the text and illustrations in a book are separately copyrightable. Even if the text is in the public domain, you must independently research the copyright status of the illustrations.

This work is in the public domain, but the owner is still charging me to use it. Why?

The owners of original works may occasionally charge access fees, regardless of whether copyrights still exist in the works or whether they own the copyrights. You are paying for either access to the original or for pristine copies of the works. Assuming the public domain work, or a good copy of the work, is not available from other sources, you will need to pay the access fees if you want to copy the work and, like any private contract, you must follow the owner's rules of usage, if any.

What is "Publication"?

Publication, in its simplest terms, is what is commonly thought of when a work is published. It is the first date of public release. For example, a daily newspaper is "published" on the day it is printed and sold to the public.

Other forms of transfer besides an outright sale- such as by rental, lease or lending - can also constitute publication. The key element is the distribution of - or the offer to distribute - copies to the public. Written texts will often list their dates of publication on the first few pages of the book along with other legal information.

It can be more difficult to determine when other works, such as works of fine art, were "published" because many such works only exist in their single, original copy. Publication still means the distribution of the work (or copies of the work) to the public by sale, rental, leasing or lending - or the public offering to do so, such as through a public art auction. For this reason, you may be able to determine whether a work was published by examining its chain of title. Generally, if the work is printed in an art book or if the work was turned into postcards sold in stores, it is safe to assume the work has been published, assuming the publication was authorized by the copyright owner. However, public performance (e.g. of a play) or public display (e.g. of a work of art) by itself does not constitute publication and the purely private sale of a work of art is generally not considered publication. 

Publication is an important concept. Copyright protection of works created before 1978 began at publication2. Until 1989, works published without a copyright notice fell into the public domain. Since 1989, copyright notices are no longer mandatory, but offer many beneficial rights. Thus, assume any work created after 1989, even if it was published without a copyright notice, is protected by copyright.

I added something new to a public domain work. Can I protect it?

It is possible to create newly copyrightable material based upon public domain works. For example, if a theater group performs (and records) a highly stylized, interpretive performance of a Shakespeare play and adds original elements, it can create copyrights in the new, original elements it added. This would prevent others from videotaping the group's performance or using the new, original elements the group created. Naturally, the theater group could only prevent others from using the truly new or unique components of the performance. They could certainly not prevent others from using or performing the underlying Shakespeare play.

--------------------
1 - Some federal agencies are exempted from this rule. For example, works created by the United States Postal Service, which is an independent establishment of the executive branch of the United States government, are copyrightable. The copyrights in works such as stamps are owned by the Postal Service and cannot be reproduced without permission.

2 - The 1909 Copyright Act also allowed authors to register the copyrights in their unpublished works.

Page Updated 05/20/14

Use Agreements

Sample Use Agreement

[Name of licensing entity] ("Licensor") is the owner of the copyrights [if other rights are involved, specify] in the works [names and descriptions of works - see checklist below] authored by [name of author(s)] (the "Works"). [Your name] ("Licensee") wants to use the Works in a [describe proposed use/project - see checklist below] ("Project").

For valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree:

  1. Licensor grants to Licensee the worldwide [or other geographical territory], non-exclusive right to reproduce and distribute the Works within the Project as described in this Agreement.
  2. Licensee shall pay Licensor [flat fee/price per copy/other arrangement] upon [timing of payment]OR
  3. Based upon the educational nature of the Licensee's use, Licensor waives any fees or royalties for use of the Works solely in connection with the Project.
  4. Licensor warrants that it owns the copyrights [or other rights described above] in the Works and has the authority to enter this Agreement; OR
  5. Licensor warrants that it represents [name or entity] ("Owner"), who/which is the owner of the copyrights in the Works and that Licensor has the authority to enter this Agreement on behalf of the Owner.
  6. Licensee shall include the following copyright notice and/or credit line on all copies of the Works: __________________________

LICENSOR
By:_________________________
Name:______________________
Title:________________________
Date:________________________

LICENSEE
By:_________________________
Name:______________________
Title:________________________
Date:________________________

Request and Use Agreement Checklist

Use this checklist to add items to the license and to more accurately and fully describe both the works you wish to copy and your intended use of the works. The more thorough your descriptions, the faster your request is likely to be processed.

Works to be used:

___ Author/Photographer/Artist

___ Title

___ Name of publication where found (if applicable, ISSN number, ISBN number, catalog number, volume, issue, date, URL if a web site)

___ Number of pages to be used

Your Project:

___ Describe general nature of your project

___ Purpose of the use (e.g. commercial/educational)

___ Where the work will appear (ex: book, article, classroom handout or lecture, journal, circular, newsletter, newspaper, magazine, website, computer program, electronic forum, audiovisual program, radio, television, etc.)

___ Will the work be published? If so, when, where, and how often? How long will the work be accessible? If the work is strictly for classroom purposes, but you believe the fair use requirements do not apply, describe the educational purpose, the size of the class and the reason for the project.

___ How many copies of the work will be made? If on a website, approximately how many visitors are expected? Describe any protections you will have in place against free copying of the work (e.g. user name and password protection? Watermarking? Copying technologically prohibited?). You should not post a copy of the works on your website unless the licensor specifically allows it.

___ Do you seek permission for the current edition of the project, future projects, English language/foreign language editions, in "all media now known or hereafter invented," in promotional materials used in connection with the project, for derivative works of your project (e.g. converting it from a text version to a digital version)?

___ Will the project generate income/fees and if so, how much? Is the money from the copies or from general admission or other means?

Page Updated 05/20/14

Digital Millennium Copyright Act: Designation of Agent

The Maricopa County Community College District has, in accordance with the Digital Millennium Copyright Act, filed with the United States Copyright Office a designation of agent to receive notification of claimed infringement. The name, address and telephone number of that agent is:

Dr. Miguel Hernandez IV
Chief Information Security Officer
Maricopa County Community College District
2419 West 14th Street 
Tempe, AZ 85281-6942 
Tel: 480-731-8470

Page Updated 05/13/2016

MCCCD's Copyright Policy

It is the intent of the Governing Board of the Maricopa County Community College District to adhere to the provisions of the U.S. copyright law (Title 17, United States Code, Section 101, et seq.). Though there continues to be controversy regarding interpretation of the copyright law, this policy represents a sincere effort by the Board to operate legally within the District.

The Governing Board directs the Chancellor or his designee(s) to develop and distribute to employees guidelines that:

  • clearly discourage violation of the copyright law, and
  • inform employees of their rights and responsibilities under the
    copyright law.

Each college president or provost and the Chancellor shall name an individual(s) at each district location who will assume the responsibilities of distributing copyright guidelines, act as a resource person regarding copyright matter and provide training programs on current copyright laws.

Employees are prohibited from copying materials not specifically allowed by the:

  • copyright law,
  • fair use guidelines,
  • licenses or contractual agreements, or
  • other permission.

The Governing Board disapproves of unauthorized duplication in any form. Employees who willfully disregard this Board policy and/or the aforementioned copyright guidelines do so at their own risk and assume all liability for their actions.

In order to assist employees and students in complying with the copyright law, appropriate notices shall be placed on or near all equipment capable of duplicating copyrighted materials.

Page Updated 05/20/14

What Students Should Know About Copyright

What is copyright?

Copyright is a protection afforded under federal law for various types of creative works. A work is copyrightable if it is an original work of authorship fixed in a tangible medium of expression. Copyrightable works include literary, musical or dramatic works; motion pictures and other audiovisual works; choreographic works and pantomimes; sound recordings; and architectural works.

The owner of a copyright in a particular work has the exclusive right to copy, display, perform, distribute, and create a derivative version of the work. Generally, then, this means that you may not do things like duplicate, show or perform a copyrighted work unless it is expressly allowed under the Copyright Act or you have the prior permission of the copyright holder.

A copyright exists in a work at the time it becomes fixed in some tangible medium of expression. Neither registration of the copyright with the federal government nor a copyright notice on the work itself is required for copyright protection.

What is copyright infringement?

Generally, copyright infringement occurs when you copy, display, perform, distribute or create a derivative version of a copyrightable work either without the permission of the copyright holder or when such activity is not otherwise allowed under an exception provided by federal copyright law. The penalties for infringement include significant damages-potentially in excess of $100,000 for each work infringed as well as criminal penalties, which may include fines and even incarceration.

How does copyright law affect information I obtain off the Internet?

Copyright law covers works in both traditional and new media, including digital media. Copyrightable materials are often available on the Internet without any indication of their copyrighted status. As a rule of thumb, you should assume that everything you find on the Internet is copyrighted, unless otherwise labeled. Even popular activities, such as file swapping or copying software or pictures from the Internet, may be copyright infringement and should be avoided.

The Digital Millennium Copyright Act, which Congress enacted in 2000, affords greater protection for copyright holders of digital works. Generally, then, even if a work appears solely in a digital form, it is likely subject to copyright law protections.

New technology has made many creative works widely available through the Internet. For example, the technology known as Peer to Peer (P2P) allows for the transmission of music, videos, movies, software, video games and other materials-most of which is subject to copyright protection.

Remember that a copyright exists in a work at the time it becomes fixed in some tangible medium of expression. That means that an image you have downloaded from the Internet, as well as a video or musical performance is almost certainly subject to copyright protection. When you download these works, transfer them to a disk or other medium, or send them to a friend, you are infringing on the rights of the copyright holder. Trafficking in such material without the permission of the copyright holder violates copyright law and is prohibited. This includes unauthorized music and video file sharing over the Internet.

According to a statement recently issued by representatives of the motion picture, recording and songwriting industries, uploading and downloading copyrighted works over the Internet is theft: "It is no different from walking into the campus bookstore and in a clandestine manner walking out with a textbook without paying for it."

Why is it important for a student to be aware of copyright law?

Copyright infringement is expressly prohibited by the US Copyright Act. Anyone who infringes another's copyright in a creative work is subject to liability, and could be required to pay large sums in damages.

In addition, as the law clearly prohibits copyright infringement, using any college resources-such as photocopiers, desktop and laptop computers, printers, central computing facilities, local-area or college-wide networks, Internet access, or electronic mail-for the purpose of infringing a copyright in any work may be grounds for student discipline. According to Maricopa Community College District administrative regulation, "students are expected to comply with the provisions of the Copyright Act of 1976 pertaining to photocopying of printed materials, copying of computer software and videotaping."

Moreover, under the Maricopa Community Colleges Computing Resource Standards ("Standards"), a student is prohibited from the "use of software, graphics, photographs, or any other tangible form of expression that would violate or infringe any copyright or similar legally-recognized protection of intellectual property rights." The Standards also prohibit "transmitting, storing, or receiving data, or otherwise using computing resources in a manner that would constitute a violation of state or federal law ... ."

A student who violates these policies can be disciplined at any of the Maricopa Community Colleges. This discipline could include suspension or even expulsion.

Does copyright law allow me to download files from a college web site?

Thanks to recent changes to copyright law, colleges and universities are allowed to transmit copyrighted images, recordings, and other materials over the Internet in connection with online learning offerings. These changes allow for the performance of non-dramatic literary works or musical works, as well as the display of "reasonable and limited portions" of any work in an amount comparable to that typically displayed in a live classroom setting. Use of the works must, however, be "an integral part" of the distance-learning class session, and available solely to students enrolled in the class and for a limited time. In addition, the transmission of the copyrighted works must be under the direction or actual supervision of an instructor.

Even though the college does not hold the copyright to these works, or even have the express permission of the copyright holder, they may be delivered over the Internet to students in online learning classes for a limited amount of time.

The fact that the law authorizes such limited use of copyrighted materials, though, does not allow a student in these classes to freely download, copy, or re-transmit the works. They are intended solely for use by the institution in connection with distance or online instruction. Any other use would likely constitute a violation of copyright law.

To learn more about copyright, review the Maricopa Community Colleges' Copyright Guidelines. You should also review the complete text of the Technology Resource Standards.

Page Updated 05/20/14

Melissa Talks

Melissa Talks is a 30-minute informative discussion held at 10:00 a.m., every third Friday of the month (Thursdays during the summer). In this discussion, Melissa will provide information on various topics and within 24 business hours after the talk, a handout covering the material will be posted here on the webpage.

To join Melissa Talks on the dates noted below please let Robert Bienkowski know that you would like to attend and he will provide you with the Webex Meeting link.

The upcoming schedule for Melissa Talks is as follows:

Date Topic Handout(s)
10/18/19   Petition Signature Solicitation, Voter Registration Programs, and Free Expression Events PetSigSol
11/15/19 Immigrant and non-immigrant visas/Eligibility to study and in-state tuition ImmigrationIssues
12/20/19 SAP GPA and Academic GPA Discrepancy and Solution SAP-GPA
01/17/20 Advanced FERPA: emails and educational records AdvancedFERPA
02/21/20 A new era in Title IX Compliance: Process, Fairness, and new regulations take center stage TitleIX
03/20/20 Canceled due to COVID-19  
04/17/20 Canceled due to COVID-19  
05/14/20 New Title IX Regulations Released: An Overview T9 Takeaways
06/18/20 Cancel Culture and Complaints about Racist and Otherwise Inappropriate Social Media Posts Cancel Culture
07/16/20 Canceled  
08/21/20 Religious Accommodations Religious Accommodations 
09/18/20 Last Date of Attendance: Compliance LDA Compliance
10/16/20 Executive Order on Combatting Race and Sex Stereotyping EO Race/Sex
11/20/20 Public Records Requests: What Every Leader Should Know PRR Presentation
12/18/20 Parent Involvement in Student Academics Parents and SA
01/15/21 Due Process in Academic and Conduct Issues Due Process
02/19/21 What is a Campus Security Authority under the Clery Act/MCCCD policy and what does it mean to be one? What is a CSA?
03/16/21 Routing of Sexual Harassment/Discrimination Complaints Routing Cases
04/16/21 Prohibited Retaliation: What is it and what does it look like? Retaliation
05/20/21 The Contracts Process and Vendor Management for MCCCD Contracts Process
06/17/21 HIPAA and Higher Education HIPAA & Higher Ed
07/15/21 Clery and Title IX Intersections Clery and Title IX
08/20/21 Managing Student Organizations: Risks and Liabilities Student Organizations
08/27/21 Special Session: ADA Accommodations and Mask Requirements in the Classroom Special Session
09/17/21 E-sports on Campus and NIL decision E-Sports/NIL
10/15/21 Guardianship/Power of Attorney Guardianship/PoA
11/19/21 Provisional Accommodations for Students Accommodations
12/17/21 Due Process in Academic Misconduct Cases AA Due Process
01/21/22 FERPA and the Solomon Amendment FERPA/Solomon
02/18/22 Copyright and the Fair Use Doctrine Copyright/Fair Use
03/18/22 Canceled - Spring Break  
04/15/22 Video Recording in Public Spaces Video/Audio
05/19/22 Do you know EDGAR? Drug and Alcohol Abuse Prevention EDGAR
06/14/22 GLBA--Multi-Factor Authentication for Student Accounts

GLBA/MFA  

More on GLBA

07/14/22 The difference between Titles--IX, VII, VI, and IV  
08/19/22 What are government enforcement agencies and what do they do (ADCR, EEOC, OCR, and OIG)?  
09/16/22 When (and If) a District employee can be held liable if they are named in a lawsuit against the District?  
10/21/22 Emergency Response details--calling 911 from a campus phone.  
     

If you have a topic you would like covered in a Melissa Talks call, please send the topic to robert.bienkowski@domail.maricopa.edu

Student Guide

This site is intended exclusively for the student at every one of the Maricopa Community Colleges and Skill Centers. Here you’ll find the various laws, policies and regulations that most directly affect your college experience. Among the “Other Resources” are links to other sites that will help you learn more about the law in general, as well as about the Maricopa District itself.

Essential tools

Course Substitution Request Checklist

District policy requires that all requests for course substitutions based upon disability be reviewed by the ADA Academic Council.

DRS Managers should assist the student in compiling the information listed below and forward as ONE document to Robert Bienkowski, Legal Services Department, District Support Services Center.

  1. General Requirements
    • Must be a current MCCCD student and
    • Registered with Disability Services with an active course accommodation plan
    • Letter of support from current Disability Resources & Services Manager
  2. Documentation of disability by a qualified medical professional, to include the following:  (only information that has already been submitted to the DRS may accompany a course substitution request. Please submit only the most current documentation - within FIVE years.)
    • Clear disability diagnosis with description of symptoms
    • Current level of functioning
    • Adult-normed standardized tests
    • Substantial limitation determined
    • Impact on learning determined
  3. Letter of request from student, to include the following:
    • History of course attempts
    • History of academic accommodations and tutoring services
    • Current program of study
    • Requested course to be substituted (see #4)
  4. Unofficial transcripts (must support a history of course completion or withdrawal)
    • High School (if applicable)
    • College(s)

Financial Aid

The financial aid campus phone number for ALL colleges is 1.855.622.2332.

  • Chandler-Gilbert Community College
  • Estrella Mountain Community College
  • GateWay Community College
  • Glendale Community College
  • Mesa Community College
  • Paradise Valley Community College
  • Phoenix College
  • Rio Salado College
  • Scottsdale Community College
  • South Mountain Community College

Harassment

Essential tools

Sexual Harassment On-Line Tutorial

Preventing Sex Discrimination and Harassment is a mandatory online training course. This course will foster a safe and productive work environment by training employees on what is considered sexual harassment, prevention training, and what to do if they see or experience sexual harassment. This course is required by Federal Law and will provide information on preventing sex harassment and the federal laws dealing with this topic. 

Current faculty, employees, and Persons of Interest (POI)* must complete the course within Canvas. New employees will be required to complete the course within 30 days of start date.

Get Started

Log in to ELC to complete appropriate required courses based on your role within the Maricopa County Community Colleges District (MCCCD)  (Log-in instructions

Person of Interest (POI)*, meaning someone who has a relationship with Maricopa, in a non-employee capacity, in which he or she is required to have access to one or more Maricopa systems accessed through an MEID.  POIs are important as they may have a relationship with Maricopa in which they have access to information that is protected by law from inappropriate disclosure and misappropriation.

If you need clarification on what district-wide training you are required to complete, please contact the Center for Employee & Organizational Development (CEOD) at 480-731-8209.

The Maricopa County Community College District is an EEO/AA institution and an equal opportunity employer of protected veterans and individuals with disabilities.

Page Updated 07/24/2018

Residency and Enrollment

  • Admission/Registration/Enrollment -- The important regulations about becoming a student at any of the Maricopa Community Colleges.
  • Residency Guidelines -- Law and policies regarding residency and paying in-state or out-of-state tuition, as well as how to appeal a determination about your own residency status

Student Conduct

Student Insurance

There are no plans in place for students at this time.

Student Responsibilities

Student Rights

  • Notice of Claim Form (liability) -- For filing a claim against the Maricopa County Community College District (download)
  • Veterans Services -- Important information for veterans who want to attend any of the colleges.

Students with Disabilities

Essential tools

Your Safety

Essential tools

Links to Campus Crime-Reporting Statistics

College Safety

Under recent amendments to the Campus Security Act (now more commonly referred to as the Clery Act, after a Pennsylvania university student who was murdered in her dormitory room) institutions that participate in federal financial-aid programs must now detail their safety-oriented policies and programs to both students and employees. In compliance with the Clery Act mandates, here are links to crime-report statistics at each of the Maricopa colleges. [Rev 100411]

Page Updated 02/06/17

Arizona Student Loan Code of Conduct

The Arizona Attorney General has recommended that all postsecondary institutions in the state adopt the Arizona Student Loan Code of Conduct. The Attorney General’s action was prompted by revelations that financial aid lenders in other states had engaged in questionable practices through their relationships with various postsecondary institutions. Moreover, evidence came to light that financial aid officers at other colleges and universities had financial interests in affiliated lenders that created potential conflicts of interest.

Adoption of the Arizona Student Loan Code of Conduct represents a proactive measure to ensure arms-length relationships between college officials and lenders. Specifically, it imposes conflict-of-interest requirements beyond those already required under state law. It also mandates that both colleges and lenders make available to student borrowers information about preferred lenders. Moreover, the Code promotes transparency in all aspects of financial aid administration, and is therefore congruent with the many other Board policies that promote openness in college and District operations.

Tutorial

Page Updated 05/05/16

Voter Registration

Since federal legislation now permits US colleges and universities to assume an active role in encouraging voter registration, MCCCD promotes and encourages voter registration.

Page Updated 06/07/04

Maricopa Promotes Voter Registration

Every election cycle in November, Maricopa county voters have the opportunity not only to participate in the selection of a new US President, but also to help decide issues of particular interest to the Maricopa Community College District. Thanks to recent federal legislation, US colleges and universities will now assume an active role in efforts to encourage voter registration. According to the 1998 Reauthorization of the Higher Education Act, an institution of higher education must make a "good faith effort to distribute a mail voter registration form . . . to each student enrolled in a degree or certificate program and physically in attendance at the institution, and to make such forms widely available to students at the institution."

The voter registration forms must be available sufficiently in advance of an election to allow registrants to vote. Each school must obtain the forms from its state elections agency.

Authority over state elections in Arizona is reposed in the office of the Secretary of State. At the Maricopa Community Colleges, expect to find:

  • voter registration forms and information fliers available at a central location on each campus;
  • links on college home pages to the Secretary of State's website (www.azsos.gov/); the Secretary of State will accept copies of the voter registration form printed from the website on regular paper stock, signed by the applicant and mailed;
  • other college-wide efforts aimed at increasing participation in elections among Maricopa students.

Page Updated 10/25/17

Political Activity on Campus

Political Activity on Campus

 

Every election year prompts political activity in all sorts of venues, and MCCCD both respects and encourages participation in the time-honored tradition of political activity on American college and university campuses.

Since MCCCD is a public community college district, all employees are subject to certain legal restrictions on their political activities, specifically as it relates to the use of public resources to influence the outcome of an election. The following is some guidance as to these restrictions.

What You Can and Cannot Do

Under ARS §15-1408, a person acting on behalf of a community college district, or a person who aids another person acting on behalf of a community college district, is prohibited from:

  1. Using or spending community college district resources

FOR THE PURPOSE OF

  1. influencing the outcome of an election. 

The definition of “community college resources” includes the following:

  • Monies (even small or nominal amounts)
  • Accounts
  • Credit (this means educational credit, such as through an internship or externship)
  • Facilities
  • Vehicles
  • Postage
  • Telecommunications
  • Computer hardware and software
  • Webpages
  • Personnel
  • Equipment and materials
  • Buildings
  • Or any other thing of value of the community college district

Influencing the outcome of an election means  "supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.”

If you have questions about what may fall under this statutory restriction, please feel free to contact the Office of the General Counsel at 480-731-8848.

PERMISSIBLE ACTIVITIES

Despite statutory restrictions, the law does permit certain political activity to occur on our campuses.  The District or colleges may do the following:  

  • Allow organizations to use college facilities in the same manner as it would other non-political organizations. Typically, this must be in accordance with applicable regulations regarding the use of college facilities and solicitors’ use of common areas on the campus.
  • Rent or lease buildings to “partisan and ballot measure groups on the same basis and conditions as other groups who are permitted” to use those facilities;
  • Host nonpartisan forums and public candidate debates “for the purpose of educating voters about issues or candidates;” for contested candidate debates, however, “there must be at least two candidates invited,” the debate may not promote one candidate over the other, and “viewpoint neutral objective criteria” must be used to determine which candidates may participate.

District employees may engage in political activities, such as the following:  

  • Joining the political party of your choice.
  • Voting in any municipal, special district, school, county, state, or federal election.
  • Making contributions (in your own name) to candidates, political parties, or campaign committees.
  • Soliciting (in their own name) contributions on behalf of candidates, as long as it is outside of work hours
  • Expressing an opinion, so long as employees do not attempt to influence any subordinate employee’s vote or activities as to a political issue, regardless of whether such an attempt takes place on work premises or during work hours.
  • Attending meetings for the purpose of becoming informed about candidates for public office or about political issues

PROHIBITED ACTIVITIES

A person cannot:

  • Expressly use the college or district's name or implied endorsement by the college or district of a particular candidate; for example, one cannot use:
    • College or district letterhead
    • College or district e-mail accounts
    • College or district telephone lines (phone and fax) and voice mail systems.
  • State (orally or in writing) that one is speaking for or on behalf of a college or the district.
  • Use college or district property, equipment, or supplies, such as:
    • College or district telephones (including college or district owned or subsidized cell phones)
    • College or district mail services
    • College or district photocopiers
    • College or district fax machines
    • College or district computers, laptops, or e-mail accounts stationery, paper, envelopes purchased by the college or district
    • College or district-generated electronic data (any request must comply with Arizona's Public Records Act, ARS § 39-121 et seq.)
  • Academic freedom protects much expression of opinion in the learning environment; however, faculty may not express their opinions or preferences on elections within the classroom or other instructional setting or during board meetings. The key is that the expression of opinions cannot be construed as an effort to influence the outcome of an election in attempting to affect a student’s vote. Such an effort would be outside the purview of academic freedom.
  • Political signs, bumper stickers, or similar displays should not be placed on college or district premises, college or district automobiles, or other college or district equipment.
  • Employees should not wear any employment uniform, badge, or other employment identification, or distribute business cards while engaging in political activities outside the course of performing their employment responsibilities.
  • Hang campaign signs or “any item that advocates for or against a candidate, recall, initiative, referendum, bond election, budget override or any ballot measure shall be placed in or on community college buildings.” (ARS §15-1408).

Employees should remember that they are “on-duty [1]”  when working for the community college district, engaged in community college district business or acting on behalf of the community college district. On-duty time includes time spent supervising or organizing, or assisting in the supervision or organization of a community college district-sponsored extracurricular event, such as an athletic event.

Academic freedom protects much expression of opinion in the learning environment; however, faculty may not express their opinions or preferences on elections within the classroom or other instructional setting or during board meetings. The key is that the expression of opinions cannot be construed as an effort to influence the outcome of an election in attempting to affect a student’s vote. Such an effort would be outside the purview of academic freedom.

The Arizona Attorney General has issued guidelines on the use of community college district resources for political activity.

To read the Attorney General’s guidelines on the use of community college district resources to influence the outcome of elections, click on Guidelines: Use of Community College District Resources to Influence the Outcome of Elections Arizona Attorney General’s Office 2006.

 

Page updated 09/30/2019


[1] An employee is “on-duty” when working for the community college district, engaged in community college district business or acting on behalf of the community college district. On-duty time includes time spent supervising or organizing, or assisting in the supervision or organization of a community college district-sponsored extracurricular event, such as an athletic event.