Salisbury University's intention is that the academic
community adhere to U.S. copyright law. These pages
provide the copyright policies and procedures of departments, general
information, best practices for interpreting the law's provisions, and overall
guidelines for protecting and sharing created works as well as appropriately
using the protected works of others.
What and Who Copyright Protects
Copyright is a form of protection provided by the laws of the
United States (title
17, U. S. Code,
searchable version) to authors of "original works of authorship." including computer software, architectural
drawings. literature, music, film, private e-mail, personal letters, web pages,
and other intellectual works listed below. The law gives copyright owners
exclusive rights to do or to authorize others to do the following:
To reproduce the work in copies or phonorecords;
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the
work to the public by sale or other transfer of ownership, or by
rental, lease, or lending;
To perform the work publicly, in the case of
literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works;
To display the work publicly, in the case of
literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work; and
In the case of sound recordings, to perform
the work publicly by means of a digital audio transmission (Section
Although other legal protection like trademark, patent, trade
secret and unfair competition law may protect other works, what is key for
copyright protection is some evidence of creativity (the law uses the word
original) and existence in a fixed, tangible medium of expression. An idea for a
choreographic work isn't eligible for copyright protection unless it is written
What Copyrght Doesn't Protect
materials out of copyright (works published
before 1923 are in the
works published between 1923 and 1963 with no
works published between 1923 and 1977
without a copyright notice
the majority of U.S. federal publications (works
the U.S. government contracts, however, may be protected
along with many state and local publications,
excluding laws, court decisions,
ideas, concepts, procedures, methods
titles, names, short phrases, slogans
information that is common property (tape
measures, height and weight charts)
Educators and Educational Uses of Copyrighted Works
Frequently, copyright is viewed as a set of don'ts. It
is much more than that. It provides a way for authors (professors and
students) to identify how works they create can be used by publishers and other
members of the academic community. Consequently, it is a
tool that the academic community has at its
disposal to ensure that works it wishes to share can be
shared in specific ways.
While the courts are the final arbiters of copyright law, the
law offers educators some use of protected materials for purposes of criticism,
comment, news reporting, teaching (including multiple
copies for classroom use and
online teaching), scholarship, or
fair use of protected works for
educational purposes is, however, not a carte blanche.
It requires careful consideration of how, why, and how
much of a work would be used and the effect of that on the person who created
The SU Bookstore and Copyright: A University Partnership
In-House Publications: Lab Manuals & Course Packs
The SU Bookstore secures copyright permissions, pays royalty fees, and arranges for the
on-campus printing and sale of publications that the faculty
create or assemble for classes. They share a goal: having
materials on Bookstore shelves by either August 1 or January 10.
Faculty: First Steps
To ensure that students will be able to purchase publications by August 1 or January 10,
faculty should take the following steps at least four weeks before those dates to provide the
time needed to secure copyright permission and prepare publications for sale:
Requisition Form (Bookstore web site, under Faculty). Do
this each time, every semester that an in-house publication is needed.
If a title is unknown, make a note in the “Comments” area of the form. Return the form to
Debbie Johnson at the SU Bookstore.
Copyright Clearance Form and return it to Debbie
Johnson at the SU Bookstore. (Even when materials are original, acknowledgement of that
fact needs to be on file.)
Bookstore: Next Steps
Secure written permission to use copyrighted materials. Written permission is required
prior to printing materials, which is why forms must be completed early.
The process may take up to four weeks.
After securing written permission, assign an ISBN
(International Standard Book Number) to the publication.
Send the ISBN to the faculty member’s department and to the University Copy Center.
Faculty/Departments: Next Steps
After receiving an ISBN, complete and send a Work Order, an original, master copy of
the publication, and the publication instructions to the Copy Center.
Review the printed publication and return it with a signed proof form to the Copy Center.
Copy Center/Bookstore: Final Steps
Print and then deliver publication to the Bookstore.
Pay publication costs and copyright holder(s) royalties and sell the publication applying the standard textbook margin.
* * *
Duplication Services (the Copy Center) provides photocopying
support for University faculty and staff. Every request is handled
promptly, but at peak times requests are on a first-come, first-served basis.
The Copy Center applies these guidelines to all classroom photocopying requests.
release form is required for classroom photocopying requests. The form lists
key points in the guidelines and provides space to indicate if permission to
use/copy has been secured or isn't needed because:
materials are not protected by copyright (e.g., many U.S. government publications)
materials are in the public domain (e.g., published before 1923 or now out of copyright)
materials meet the preponderance of the
fair use factors and therefore qualify as fair use
Students should not use copyrighted materials for projects to be
aired on PAC 14 or any other broadcasting medium. If students
or faculty want to have music in their productions, they can
either use copyright free music or purchase it from Gene Michael
Production. Since Media Services is part of the Integrated
Media Center which collaborates with faculty from Music, Art,
and Communication Arts, original music and graphics may be
available for video productions.
Videotapes produced by faculty for use in their classes must
contain visuals, audio and clips that are copyright free.
Media Services does not duplicate copyrighted videotapes, CDs or
DVDs. If faculty gets written permission from the copyright
holder, the department will duplicate the medium.
The Office of Graduate Studies and Research (GSR) Office staff is anxious to help you in our One-Stop-Shop for
grants and contracts located in Holloway Hall, Rooms 261 - 266, please feel free
to contact us at any time by calling 410-677-0047.
Dr. Clifton Griffin, Dean, Graduate Studies and Research Jacqueline Eberts, Director, Fiscal Grants Management Beth Walsh, Grant and Contract Specialist Donna Carey, Program Administrative Specialist Ginger Steelman, Contract and Grant Associate Jessica Scott, Contract and Grant Associate
Office of Graduate Studies and Research (GSR)
The function of the Office of Graduate Studies
and Research (GSR) Office directly supports the University’s mission and strategic plan
priorities and reports directly to Dr. Melanie Perreault, Associate Provost in
Academic Affairs. Our objective is to strengthen faculty development
opportunities; to encourage faculty pursuit of scholarly activity; and to
attract and increase external funding for institution-wide reform.
The GSR Office serves as the central
administrative office responsible for submitting proposals to state, federal,
corporate and foundation sponsors and it implements awards resulting from these
proposals. As a service provider, we are devoted to communication between
principal investigators, funders, and the coordination of campus resources.
Considerable time is spent locating sources of support, communicating that
information to appropriate personnel, preparing proposals for submission,
interpreting federal regulations and University policy. By maintaining a
standard of excellence, we hope to create a campus climate that amplifies
everyone’s understanding of available funding and how we can compete in the most
effective manner. We facilitate faculty efforts to produce competitive grant
and contract applications; this correlates with the University’s increased
emphasis on teaching, student learning and undergraduate research.
The GSR maintains a full, Grants for Faculty, resource library. This library includes all standard print
reference guides on private foundations, federal bulletins, and public policy
directives. In addition, faculty have available to them several databases -
SPIN, IRIS, GENIUS, SMARTS - which provide electronic access to funding
opportunities. Our staff will assist you throughout the grant and contract
process, this includes: proposal development, completion of forms, budget
design, securing administrative approvals, application submission, budget
modifications, programmatic changes, and monitoring fiscal grants management
with timely compliance in reporting. Our website,
www.salisbury.edu/urs, provides information on the Committee for Human Research,
Intellectual Property issues, forms and resources for your convenience.
INTELLECTUAL PROPERTY (IP)
The GSR research administrators are responsible
for assuring that the terms and conditions of awards reflect, protect, and
uphold the mission of this institution. Our objective is to protect the rights
to data generated by investigators and researchers during the course of the
sponsored project, protect the use of that data after the award period ends for
education and further research purposes, and assure that the rights to
intellectual property created during the course of the sponsored project are
clearly understood by all parties.
GSR will identify and evaluate intellectual property concerns with the principal
investigators (PIs) at the proposal stage. Since IP requirements are complex, inconsistent from sponsor to
sponsor, and highly dependent on the nature of the agreement, there is open
communication between the GSR, the Maryland State Attorney General’s Office for
legal counsel and the University of Maryland at College Park’s Office of
Technology Commercialization located at
For most Salisbury University researchers
the dissemination of the research outcomes is of primary importance. The right
to disclose and publish research findings is a fundamental tenant of academic
freedom. The right to control access to research data, the right to establish
productive research relationships and collaborations with various sponsors, and
the training and education of students are rights recognized by the University and GSR staff. See the
SU Policy on Intellectual Property Rights. It will provide the user with
definitions of terms, general provisions including patent ownership, and
University revenue sharing guidelines.
Salisbury University (SU) is committed to complying with all
applicable laws regarding copyright and patents. SU, as an institution devoted
to the creation, discovery and dissemination of knowledge, supports (1) the
responsible, good faith exercise of full fair use rights, as codified in 17
U.S.C.§107, by faculty, librarians, and staff in furtherance of teaching,
research, and service activities; (2) copyright ownership for creative,
non-directed works by faculty, staff, and students and University ownership of
directed employment-related works; and (3) protection of ownership rights for
creators of works that require a different ownership model. SU is further
committed to providing educational activities for faculty, staff and students
that are designed to explore the law of fair use, to provide guidance in the
making of fair use determination and to create an understanding of copyright
With respect to ownership of copyrightable works by faculty,
staff and students, the University’s IP policy addresses works by category of
traditional or non-directed works and directed works. A traditional work or
non-directed work is a pedagogical, scholarly, literary, or aesthetic (artistic)
work originated by faculty or employee resulting from non-directed effort. Such
work may include textbooks, manuscripts, scholarly works, fixed lecture notes,
distance learning materials, works of art or design, musical scores, poems,
film, videos, audio recordings, software, or other works that have historically
been deemed in academic communities to be property of their creator.
Directed works can involve exceptional use of institutional
resources including University grants or gifts awarded in support of the work’s
creation or a reduction in levels of teaching, service, or other University
employment responsibilities. All sponsored or externally contracted works are
disclosed to the Office of Graduate Studies and Research (GSR)’ Office of Grants and Sponsored
Research by contacting Dr. Betsey Corby at 410-5483894 or
of ownership is discussed in Section V. of the University’s IP Policy and
reprinted here for your convenience:
Ownership by Creator. Personnel and Students shall have all rights in copyrights of their work,
subject to section V. B. below, with the following exceptions.
Scope of Employment. The University owns all rights in copyright for work produced by
non-faculty Personnel within the Scope of Employment.
Sponsored Research Agreements. The University owns all rights in copyright for work produced by Personnel
or Students under Sponsored Research Agreements.
Signed agreements. The University owns all rights in copyright for all work as stated in written agreements.
Computer Programs and Software. Ownership of copyrighted software and computer programs is addressed in Section VII.
Technology-mediated Instructional Materials. Ownership and use of technology - mediated instructional materials is
addressed in this Section (V) the policy.
Right of Use
University rights. The University shall have the right to use and reproduce for
research and educational purposes scholarly and original works, whether owned
by the University, Personnel, or Students, for which it has provided resources.
Faculty members retain all legal rights to protect against the exploitation of
copyrighted material owned by the member.
Additional Rights. If the University wishes to secure additional rights in copyrighted
work, it shall so specify in writing at the time it provides resources beyond
Resources Usually and Customarily Provided or other consideration.
Responsibilities of Personnel and Students
Assignment. For work to which the University has or had rights of ownership or use under this policy,
Personnel and Students shall, upon request, execute all legal documents designed to assist the University, or its assignees,
in proving or benefiting from such rights, as deemed appropriate by the University.
External Collaborations. See Section IV.C and the Policy on Professional Commitment of Faculty, BOR 41.0 II-3.10.
Use of Copyrighted Materials. All Personnel and Students are responsible for complying with University guidelines on
the fair use of copyrighted material and for complying with the requirements of copyright law, including obtaining required
permissions to use copyrighted material. Guidelines for the use of copyrighted material are published on the
University copyright web site and in the Faculty Handbook,
Student Handbook, and in policies maintained in the University Office of Publications.
Responsibilities of the University
Agreement Regarding Use of Resources Beyond Resources Usually and Customarily Provided. When the University
authorizes or directs efforts to create a work or works using University resources beyond Resources Usually and
Customarily Provided, it shall enter into a written agreement addressing the extent of use of resources,
the schedule for the project (if appropriate), control over the work and its revisions, and ownership of the
work. When the work done by Personnel routinely involves resources beyond Resources Usually and Customarily Provided,
compliance with this section may be accomplished by including the required terms in an employment agreement.
Sharing of Revenue. The University shall remit to creators or their assignees or heirs, their share of Revenue from
copyrights as specified in Section XI.A. of this policy.
Use of Copyrighted Materials. The University guidelines are published in the Faculty and Student Handbooks.
Data rights and intellectual property are complex subjects embodied in federal, state, and
sponsor language in legally binding research agreements. The National Council
of University Research Administrators (NCURA) offers the following web sites as
The NIH Guide for Grants and Contracts is the official publication
for NIH medical and behavioral research grant policies, guidelines, and
funding opportunities. It is also used by NIH contracting offices (dealing with
corporate sponsored research agreements). Available at
The library provides copyright information on the web to help the campus community make informed copyright decisions.
In addition to maintaining the University's copyright web site, the copyright policies of University
departments, and FAQs, the library will also research and
attempt to provide answers to campus copyright questions. Send questions to
the Head of Public Services, Mou Chakraborty,
The University's history lab and outreach center for historical inquiry, The Edward H. Nabb Research Center for Delmarva
History and Culture houses fragile, irreplaceable materials that require special handling and has its own
copyright policy and
Library Services: Copyright Implications
E-Reserves. The library maintains a policy of owning all protected materials that it places on e-reserve and
will work with faculty to secure permissions for long-term e-reserve use of protected materials.
Interlibrary Loan. For journals published five years before the date of an
interlibrary loan request, the National Commission on the New Uses of Technology sanctions copying for
no more than five articles from any one journal published in the last five years and
no more than five requests from one book or other material in any given calendar year
Databases and Interlibrary Loan and Reserves.
The database licenses the library signs take precedence over copyright law
and fair use. Some vendors (BioOne) permit libraries to copy and send
articles for interlibrary loan requests and to include full-text
publications in e-reserve systems. Others do not (SciFinderScholar).
Because the library does not run a copy center,
it is rarely asked to make copies of owned materials for faculty, students,
or staff. When it does make copies, they include copyright notices
(see 3. below). Complete and briefer notices are on all library copying
equipment--photocopiers, printers, and scanners (see
notice examples below).
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 is not to 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
WARNING: THE MAKING OF A COPY MAY BE SUBJECT TO THE UNITED STATES COPYRIGHT LAW (TITLE 17 UNITED STATES CODE)
Notice on Copies:
THIS MATERIAL IS SUBJECT TO THE U.S. COPYRIGHT LAW; FURTHER REPRODUCTION IN VIOLATION OF THAT LAW IS PROHIBITED
Although the library isn't a copy center, under certain circumstances it may
copy both portions of as well as entire works for preservation or at the request
of library users. These privileges apply to libraries that are open to the public,
gain no financial benefit from copying, and post appropriate copyright notices.
Sections 108 (b) and (c) are the only parts of copyright law that include non-print
materials (pictorial, graphic or sculptural works; motion pictures and other
AV works other than news; musical works, i.e. compositions). A helpful
the online 108 spinner, quickly identifies what and when libraries may make copies.
Articles Book Chapters
Copies become user's property & include a copyright notice.
Applies only to the last 20 years an
item is protected & only if the copyright owner decides the work has no
commercial value. Includes the ability to copy, distribute, display &
Articles Book Chapters
Not in quantities as to
substitute for a purchase/subscription.
while not law, were included in the H.Rpt to the 1976 law (94-1733-Conf.)
and recommended a rule of 5:for journals published in the last 5 years, no
more than 5 articles from the same year
User Request (entire work)
Out-of-Print/ Unavailable Print Work in User's Library
Collection or Another Library
Copy become user's property & a reasonable
effort is made first to find a new or a used copy at a fair price
Preservation or Security-Deposit in Another Library (entire work)
Unpublished Work Print and Non-Print
Copies may be digital, but digital copies are
limited to on site use only.
Replace Damaged, Lost, Deteriorating Works in the Library
& Works in Obsolete Formats (entire work)
Published Work Print and Non-Print
Requires a reasonable effort is
made to find an unused/new copy at a fair price and limits digital copies to
on site use only. This section allows libraries to replace missing articles,
sometimes entire issues if a fair price isn't available. Caution is required
in copying across formats. A 78 r.p.m. record cannot be copied if a record
player that plays 78s is available at a reasonable price. Obsolete format
means that a machine to play it is either no longer manufactured or
unavailable at a reasonable price.
On-Air Straight News Programs
No commercial advantage
Archival Purposes/ Preservation
Owners and libraries (the
archival copy may not be used simultaneously with the original)
*** U.S. Copyright Law
*** National Commission on New Technological Uses of Copyrighted
*** Digital Millennium Copyright Act (DMCA)
Lending Materials The First Sale Doctrine has its origin in a
1894 New York Southern District Circuit Court case, Harrison v. Maynard,
Merrill & Co., 61 F. 689 (2nd CIR. 1894). When a bindery burned and
publishers later learned that surviving copies were being sold by a
second hand book dealer, they sued for copyright infringement, even though the
binder had sold surviving materials to a book dealer. The appeal to that case
established a buyer's right to resell, lend, or dispose of a particular copy of
a copyrighted work.
The First Sale Doctrine allows video stores
and libraries to lend videotapes, DVDs, CDs, books, and even
software, providing that copyright notices are not obscured and licenses circulate with software.
- provides libraries with information on licensing digital information.
Know Your Copy Rights - an Association of Research Libraries (ARL) web site for librarians developing positive
educational programs for academic users of copyrighted materials in not-for-profit US institutions