UW-Whitewater Copyright (Policy #1101)

Respect for the intellectual property of others is vital to the academic exchange and development of ideas and information. Copyright law protects the rights of the copyright holder to control how a work is used and obtain commercial benefit from it. The rights protected for a limited period of time include the right to reproduce, distribute, adapt, perform, and display the work. The University will implement appropriate policies and procedures to support these rights without infringing on the legal use by individuals of those materials.

The University of Wisconsin – Whitewater complies with U.S. copyright law and its amendments (Title 17 of the U.S. Code). Copyrighted materials may be reproduced under certain conditions defined as “fair use.” Otherwise, reproduction requires permission of the copyright holder. It is the responsibility of the staff member or student using the material to determine if the “fair use” privilege applies. If it does not, it is their responsibility to request written permission for reproduction from the copyright holder.

Copyright policy concerning intellectual property developed by members of UW System institutions are described in the document: UWSA Policy 1310: Copyrightable Instruction Materials Ownership, Use and Control.

• Fair Use
• Copyright Guidelines Software
• File Sharing
• Internet
• Multimedia
• Videotaping
• Distance Education
• University Website and Symbols
• Copyright Compliance Procedures
• Additional Information

Information Technology Services (ITS)

Faculty, staff and students are expected to respect the intellectual property rights of others in the use of University computing and network facilities including the observance of copyright law, license provisions, and the proper attribution of authorship of documents. This policy applies to everyone using the campus backbone for either academic or personal purposes. Violation of copyright law will be addressed according to the faculty, staff and student rules of conduct, with the involvement of appropriate authorities.

A. Fair Use

Fair use places restrictions on the exclusive rights of the copyright holder and allows the use of portions of a work for research and non-commercial educational purposes without seeking permission of the copyright holder. Section 107 of the Copyright Law defines four conditions that must be met to be considered “fair use”:

• The purpose or character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole (for additional guidelines on what constitutes an “acceptable” portion of work under fair use, refer to the University of Texas and Stanford University sites mentioned in this section)
• The effect of the use upon the potential market for or value of the copyrighted work

For additional information on “fair use”,

• The University of Texas System site
• The Stanford University site
• Copyright Office Circular 21

B. Copyright Guidelines Software

Computer software license agreements may vary from product to product. It is essential that individual users of computer software be cognizant of license agreement constraints and abide by the conditions specified in each The University of Wisconsin-Whitewater has the responsibility to uphold software license provisions and copyright laws for the software that is officially installed and the publications officially posted on the campus network. The University cannot accept responsibility for unofficial software installations, publication postings, and messages that are the act of private individuals acting in a private capacity. The University will, however, remove software or publications from its network and computing facilities whenever it discovers their installation constitutes copyright violation, piracy, or another form of malfeasance. For more information, see the University Handbook, Computer Software Copyright Policies.

C. File Sharing

Intentional sharing of copyrighted files of any type (music, video, software, text) is strictly prohibited and violates Federal Copyright laws. Anyone found to be illegally sharing files on the UW-Whitewater network whether from residence halls, offices, library, computer labs, wireless access points, or any other computer, may be subject to disciplinary actions, including disconnection, by the University and or legal actions.

Instructions for disabling file-sharing can be found at: ResNET Acceptable Use Policy.

D. Internet

The right to use copyrighted materials in the traditional classroom does not imply the right to use it in another environment (i.e., the Internet). The Internet makes it easier to locate, scan, copy, alter, transmit and otherwise distribute copyrighted material in digital format. Copyright law applies to material found or posted on the Internet to the same extent that it applies to material found in more traditional settings. Owning a copy of a copyrighted work does not provide the rights of a copyright owner. Digitizing information for an electronic environment is limited by copyright law.

E. Multimedia

Instructional faculty, staff, and students are expected to comply with copyright legislation pertaining to fair use in creating multimedia products. For more information on this topic see:

• The Fair Use Guidelines for Educational Multimedia

F. Videotaping

Guidelines for taping off-air programming can be found at Guidelines for Off-Air Taping for Educational Purposes.

G. Distance Education

The Technology, Education and Copyright Harmonization Act (TEACH, November 2002) extended the exemptions allowed for instructional broadcasting to digital distance learning. This act permits display and performance of reasonable excerpts from nearly all types of works, excluding those marketed as part of mediated instructional activities or unlawfully acquired. Digitization of parts of analog works is allowed if the work is not already available in digital format. Use of the copyrighted work must be at the direction of the instructor as part of a class and restricted to only the students in that class. Retention of content and student access may be for a brief period of time. It permits copying and storage that is incidental or necessary to the technical requirements of the system. More information on the act can be found at Distance Education and the TEACH Act.

H. University Website and Symbols

All text, images, logos, and information contained on the official UW-Whitewater web pages are the intellectual property of the university unless otherwise registered and protected under Title 17 of the U.S. Code. Work of individual faculty is protected by the guidelines established by the Board of Regents in General Administrative Policy Paper #27 Copyrightable Instructional Materials Ownership, Use and Control. Works are not to be used or reproduced without the express written permission of the copyright holder. The UW-Whitewater seal, wordmark and monogram are legally protected trademarks. For promotion and resale applications the "TM" subscript must be incorporated with the UW-Whitewater seal and wordmark to provide proper legal protection. Any commercial, fund-raising or promotional uses of the trademarks, or other licensed logos, require prior approval.

Crash Course in Copyright

Copyright Compliance - UWW Procedure #1101.A

Copyright Office Copyright Basics

Copyright Management Center

UW System General Counsel Copyright Law Frequently Asked Questions

UW Extension Copyright Policy

Last Amended: June 29, 2025

June 2030

Questions regarding the interpretation of this policy should be directed to:

Information Technology Services
Telephone: 262-472-4357