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SURWEB Copyright Policy

What Is A Copyright?

The U.S. Constitution and the Federal Copyright Act give the creator of a work exclusive rights "...to promote the progress of science and useful arts." (U.S. Constitution Article I, Section 8, Clause 8). Among these are the exclusive right to:

  • make copies of the work
  • prepare other works based on the original
  • distribute copies of the work
  • publicly perform or display the work

There are generally two limitations to the author's rights, Fair Use and Educational Exemption.

Fair Use Provision

Fair use is determined by case law. It permits the use of work for criticism, comment, news reporting, teaching, scholarship, or research. Fair use means incidental use. The owner's rights and interest remain protected. The courts have looked at four factors to determine Fair Use:

  1. purpose of the use: Is it commercial or non-commercial?
  2. the nature of the copyrighted work: Is it factual, fictional, artistic, published?
  3. the quality and quantity of work used: Is the used work a high quality reproduction of the entire original work or low quality copy of a small part?
  4. what is the impact of the use on the potential market: If your fair use is permitted, will the author have a market left to sell his product?

Educational Exemption

The educational community has enjoyed considerable freedom in using copyrighted material. It should be noted that his has been by exemption to the copyright law, the author still maintains his/her rights to the work. The courts have determined the educational exemption must be based on all of the following criteria:

  • the organization must be a non-profit educational institution
  • the use must be part of the regular curriculum of a class
  • the material must be in the classroom
  • the material must have been legally obtained
  • the materials cannot be copied or duplicated.

It should be noted that most publishers do not recognize either the fair use or the educational exemption for any of their material on the Internet. The Internet is still very young in terms of legal precedent, so the publishers opinions have not been tested in court.

Examples

The following links are only a few sample policies on copyrights found on the Internet.

SURWEB Copyright Policy

Thank you for visiting SURWEB. We've established some ground rules to ensure that we can keep this service available and useful. SURWEB reserves the right to change these guidelines and disclaimer at any time, and you agree that each visit you make will be subject to these guidelines.

It is the intent of SURWEB to conform to all applicable United States copyright laws, including case law precedent, and to protect SURWEB, the Southeast Educational Service Center, and the Carbon School District from any liability under the law. You may wish to study the Learning Segment on Copyrights. (this will be a hot link)

SURWEB data - Text, Graphics and Audio/Video clips

These materials are copyrighted by SURWEB or its authors. Except as noted, you may copy them as much as you would like for personal, educational or classroom use, but redistribution in any way requires the permission of SURWEB. In consideration of this authorization, you agree that any copy of any object from SURWEB shall retain all copyright and other proprietary notices contained herein.

THE MATERIALS AND INFORMATION IN THE SURWEB SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE OR EXPECTATION.

Links to Other Internet Sites

Some SURWEB media shows may contain links to other Internet sites which are not maintained by SURWEB. While we try to monitor the appropriateness of the material on SURWEB, it is the responsibility of the individual that created the media show to determine the appropriateness of the content and the link. We are not responsible for the content of those linked sites and cannot guarantee that the sites will not change. Inclusion of those links does not imply SURWEB's endorsement of the linked site or its content.

Privacy Policy

SURWEB is a dynamic, database-drive site. This means that most pages are generated on-the-fly from a large SQL database to provide the specific information you want. We use cookies to unsure that you obtain the information you request. The cookies we pass to you are anonymous. They do not reveal your personal identity, they will not follow you throughout your travel on the web, nor can they capture private data. Rather, these cookies establish a user session and allow our database server to correctly provide you with the information you have requested.

We are concerned with how our site is being used. We track the usage of SURWEB.org in order to modify the site according to our customers needs. We pay attention to what information is being requested and attempt to make it easier to find in the future. Please understand that any information captured from this system is for internal use only and is not shared with anyone else except in aggregate form, which is publicly available.

SURWEB and Copyrights (media show text)

SURWEB has collected tens of thousands of information objects (pictures, graphics, audio, video and multi-media clips) as works for hire---SURWEB owns these objects. You may copy them as much as you would like for non-commercial, personal, educational or classroom use, but redistribution in any way requires the permission of SURWEB. In consideration of this authorization, you agree that any copy of any object from SURWEB shall retain all copyright and other proprietary notices contained herein. Additionally, there are many objects in SURWEB that have been licensed and do not belong to SURWEB. We cannot grant you the right to copy or redistribute these objects, that right is retained by the owner. Most of the historical photographs, the hand bell choir audio clips, some photographs in the Utah ski areas, and the Cowboys of Utah are licensed. Please observe and respect the proprietary notices with those objects.

SURWEB Import

The SURWEB Import function provides a very powerful tool for collecting and organizing data from the Internet. The individual author of the media show is responsible to secure the appropriate permissions to comply with the copyright law. For protection for the copyright infringement, the author should have written permission for any link or use of material collected from the internet in a Public of Educational Media Show.