Definitions
Intellectual property—works or products resulting from creations of the mind that can be patented or copyrighted.
Copyright Act (Title 17 of the United States Code)—tangible, intellectual, and creative works of authorship, which can be acknowledged, copied, or communicated to others in any form, including, but not limited to, literary, graphic, musical, and audiovisual works protected by Title 17. Title 17 defines federal copyright protection, lists works that are protected, and outlines the process by which works are protected.
Title 35 of the United States Code—defines patent protection, lists works that are protected, states requirements for qualifying for a patent, and describes the process for granting patents.
Policy
Intellectual property created outside Halifax Community College will be used for appropriate purposes by the College following the Fair Use criteria set forth in Title 17, Chapter 1, Section 107 of the United States Code.
Intellectual property created partially or completely with Halifax Community College resources is subject to College ownership. An ownership agreement between the employee, student, or individual in a formal relationship with the College defines the rights of the College and the individual.
Intellectual property created without the use of College resources, but for the purpose of fulfilling the College mission or related functions, is subject to joint owner- ship by the College and the creator(s). Intellectual property created without the use of College resources and unrelated to the College is the exclusive property of the creator(s). The College has no interest in such property and no claim to ownership. The use of College resources for personal gain is an unacceptable use of Col- lege resources and subject to disciplinary action.
Fair Use Title 17, Chapter 1, Section 107 (Fair Use) of the United States Code allows Halifax Community College to use materials copyrighted by others in the following manner: The fair use of a copyrighted work, reproduced in copies, recorded, or copied by any other means, for the purposes of teaching, scholarship, or research, is not a violation of copyright.
Determining fair use of a work is made using these factors:
- whether the purpose of the use is of a commercial nature or is for nonprofit educational purposes.
- whether the amount (percentage) of the work used is appropriate or excessive and unnecessary.
- whether the use of the work could negatively impact the value of the copyrighted work.
An unpublished work may also be subject to Fair Use.
If the desired use of the copyrighted materials does not fit the Fair Use criteria, the employee, student, or individual in a formal relationship with the College must gain permission from the author or owner before using the material. A copy of all related correspondence must be filed in the appropriate dean’s office. Such correspondence, at the least, must consist of the letter requesting approval, the letter of response from the author or owner, and a copy of the material itself.