15.99.03.R0.02 The Use of Copyrighted Material
Effective September 1, 1996
Supplements System Regulation 15.99.03

1. Philosophy

Several goals are important in formulating prudent and reasonable procedures for the use of copyrighted materials at Texas A&M University-Commerce (A&M-Commerce): a) to abide by the law; b) to facilitate teaching excellence; c) to promote scholarly and creative activities by faculty and staff; d) to avoid stifling regulations; e) to maintain department operating budgets; f) to hold student fees to fair and competitive levels; and, g) to avoid fiscal practices that can lead to financial disputes between students and instructors.

2. Procedures

Federal copyright law is vague and evolving. Many universities have adopted the "Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions" (the "Guidelines") drawn up by the Ad Hoc Committee on Copyright Law Revision, the Author's League of America, and the Association of American Publishers, Inc. Although these Guidelines are not legally binding, they are specific and quite restrictive. In light of these Guidelines, the University adopts the following procedures:

a. Copyright Law

(1) A&M-Commerce shall take an educational, rather than regulatory, approach to copyright law and distribute to faculty copies of the Guidelines. Faculty are urged to follow the guidelines.

(2) The Faculty Senate shall establish a standing committee on copyright procedures to stay abreast of legal developments and recommend solutions to particular cases and questions as they arise at A&M-Commerce.

b. Fiscal Procedures

(1) All employees must follow A&M-Commerce fiscal procedures regarding receipts, ledgers, etc. Only in exceptional cases approved by the vice president for academic affairs may faculty or department secretaries collect money or copy cards from students. The University Bookstore is the proper vehicle for sale of course materials to students.

(2) Courses which involve a significant amount of operating expenses must have an approved and published fee, with the revenues accruing to the university's locally generated revenue account for distribution to departments via the annual budget planning process.

(3) Departments may charge a fee for setting up or taking down lab equipment, provided the fee is authorized by the university governing board and published in the university catalog and course syllabus. Students who violate department rules will have their records tagged and withheld until the fee is paid. Departments may also charge students for damage or breakage of lab equipment via the normal tagging process.

c. The Dissemination of Publications to Students

(1) Works written by A&M-Commerce faculty and staff, which are published by recognized publishers may be sold for personal profit by the author via the University Bookstore, or other stores.

(2) Works self-published by faculty and staff may be sold through the University Bookstore for no personal profit by the author without having to undergo a qualitative review process. In such cases, the author must document his or her actual publication expenses and, prior to sale, make an explicit agreement with the bookstore manager regarding the bookstore's obligations, e.g., division of sales revenues, fate of unsold copies, etc.

(3) Works self-published by faculty and staff may be sold for personal profit by the author via the University Bookstore if the work is deemed to be of acceptable quality after review by a process established by the Senate copyright committee. The author must document publication expenses. If the work is approved through the review process, the author must reach an agreement with the Bookstore Manager on the sale price, within the following limitations: a) if sold via a purchase arrangement between the Bookstore and A&M-Commerce’s Print Shop, the author can earn no more than 20 percent profit per unit sold; or, b) if sold on a consignment basis with the bookstore, the author can earn no more than 50 percent profit per unit sold.

References: Prior ETSU Policies II Q 3 and B-107; approved November 11, 1987; revised September 1, 1981 and January 29, 1992; Procedure A15.07

***************

CONTACT FOR INTERPRETATION: Provost and Vice President for Academic Affairs