Copyright Issues

The following discloses copyright policies for the Ohio Wesleyan University (“OWU”) Web site (http://www.owu.edu/) and its associated sites (under the owu.edu domain):

Use of Computer Facilities and Creation of Web Sites

OWU is a non-profit educational institution and the use of its facilities, including computer facilities, is limited to the educational and other non-profit purposes of its students, faculty, and eligible staff. Accordingly, Web sites may be created and posted only for the educational and research purposes of the OWU community. No person may include in a Web site any advertising materials or other materials relating to business or commercial activities of such person or any third person. The content of any Web site and its compliance with applicable policy and law is the sole responsibility of the author.

At any point in time, there are likely to be various federal and state laws that impose civil and/or criminal liability for computer network transmission of certain types of materials or messages. Currently, such laws restrict or prohibit transmission of, among other things, obscene materials to minors and child pornography, and messages or materials that constitute libel or harassment.

Creation of Web sites for educational and research purposes may involve incorporation of original works of third parties (e.g. literature, photographs, music, software, film, and video works) that are covered by copyright laws. Web site authors are encouraged to obtain all permissions that may be necessary to incorporate works of third parties in their Web page. Use of such works may be permitted by principles of “fair use,” consistent with the copyright laws.

OWU does not routinely monitor or edit the content of all OWU-affiliated Web sites. However, in the event that OWU becomes aware of a violation of OWU policy or law that involves a Web site, OWU reserves the right to remove the Web site, restrict access to such site, or take other action as deemed appropriate by OWU. Any such violation may also lead to disciplinary action in accordance with OWU rules and procedures, and referral to local, state, and federal law enforcement authorities.

“Fair Use” - 17 U.S.C. § 107

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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;
4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Disclaimer

THIS DOCUMENT DOES NOT DISCUSS ALL APPLICABLE LAWS NOR SHOULD IT BE INTERPRETED AS PROVIDING LEGAL ADVICE. EACH WEB SITE AUTHOR IS RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS WITH RESPECT TO HIS OR HER WEB SITE.