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Copyright Compliance Policy

MACC is committed to operating in compliance with U. S. copyright law and enjoining copyright compliance by its instructors, staff, and students in the performance of College-related activities. Moberly Area Community College’s Director of Library Services oversees activities including, but not limited to the following:

  1. Posting copyright compliance notices at appropriate locations in College facilities.

  2. Providing copyright compliance information and in-service activities as needed to instructors, staff, and patrons.

  3. Presenting copyright compliance guidelines in College publications such as the faculty, employee, and student handbooks.

The College promotes an awareness and understanding of “fair use,” “works for hire,” and other copyright concepts that are of special significance in instructional activities and materials so that students and instructors are better able to comply with U.S. copyright law, which can be found at http://copyright.gov/fair-use/more-info.html. College faculty, staff, and students who infringe copyright by using “fair use” do so at their own risk.

Work that is created by an employee (faculty or staff) within the scope of employment or at the direction of the employer under a written agreement (such as a course development contract) is considered “works for hire.” For these works, MACC and the employee have shared ownership, unless otherwise specifically agreed to in advance in writing by both parties. As a general rule regarding copyright ownership of classroom materials, it is MACC’s practice to follow the guidelines recommended by the American Association of University Professors:

It has been the prevailing academic practice to treat the faculty member as the copyright owner of works that are created independently and at the faculty member’s own initiative for traditional academic purposes. Examples include class notes and syllabi; books and articles; works of fiction and nonfiction; poems and dramatic works; musical and choreographic works; pictorial, graphic, and sculptural works; and educational software, commonly known as “courseware" (AAUP).

In these cases, the faculty member retains copyright to these works unless agreed to otherwise in a written contract between the faculty member and the College. Course syllabi submitted by faculty to their dean’s offices may be shared with dual credit and new adjunct faculty unless the faculty member specifically opts out, in writing, of sharing these documents.