Use of Copyrighted Materials
It is the policy of The University of Texas of the Permian Basin to follow the United States Copyright Law of 1976, as amended, (Title 17, United States Code, hereinafter, the “Copyright Act”). Accordingly, all faculty, staff and students of The University of Texas System and its component institutions should follow these policy guidelines:
Only copyrighted materials are subject to the restrictions in this Policy Statement. Uncopyrighted materials may be copied freely and without restriction. Because a copyright notice is not required for copyright protection of works published on or after March 1, 1989, most works (except those authored by the United States Government) should be presumed to be copyright protected, unless further information from the copyright holder or express notice reveals that the copyright holder intends the work to be in the public domain. Works published prior to March 1, 1989, generally require a copyright notice to be protected. The Copyright Office Circular 22 explains how to determine the copyright status of a work.
Copyrighted software may be copied without the copyright owner’s permission only in accordance with the Copyright Act. Section 117 of the Act permits making an archival back-up copy. Most software, however, is licensed to the user and the terms of the license agreement may give the user permission to make copies of the software in excess of the archival copy permitted by the Copyright Act. Each software license agreement is unique. As a result, the user’s rights to copy licensed software beyond that permitted under the Copyright Act may only be determined by reading the user’s license agreement. Any copying or reproduction of copyrighted software on System or component institution computing equipment must be in accordance with the Copyright Act and the pertinent software license agreement. Further, faculty, staff and students may not use unauthorized copies of software on System or component institution owned computers or networks or computers housed in System or component institution facilities.
Copyrighted materials may be copied or otherwise used without the copyright owner’s permission where such copying constitutes “fair use” under the Copyright Act.
In order to copy or otherwise use materials, including software, where (a) the materials are copyrighted, (b) use exceeds what is permitted by license or the Rules of Thumb, and (c) the four factor fair use test indicates that the use is likely not fair; permission should be obtained from the copyright owner.