1. Introduction:

This policy and guidelines are designed to ensure all faculty, staff, and students have access to consistent information on copyright in accordance with intellectual Property Law.

Tan Tao University is committed to supporting teaching, research, learning and nonacademic operations in the advancement of the university's educational mission. Intellectual, technological, and information resources and materials are provided for use by the entire University community and are to be used in accordance with the provisions of the Vietnam Copyright Act of 2009 as amended, and BERNE Convention of 1971, unless licenses or agreements exist which allow for exceptions. All users of such resources and materials are expected to follow the standards outlined in the TTU’s copyright policy and supporting guidelines.

2. Copyright Policy of TTU:

It is the policy of TTU to comply with the Vietnam Copyright Act of 2009 as amended, and BERNE Convention of 1971. All reproduction or use of copyrighted materials must comply with the provisions of the law. This includes following the guidelines provided related to items in all media, such as written works, musical works, dramatic works, pictorial and graphic works, sculptural works, motion picture, television, and other audiovisual works, sound recordings, multimedia works, and digital and computer works and programs.

The TTU prohibits the duplication, distribution, or use of materials by faculty, students, or other employees of any copyrighted material not covered by fair use, specific exemptions in the copyright law or licenses and agreements, or written permissions from copyright holders.

All members of the TTU community – faculty, students, staff and administrators – are expected to adhere to the limits for copying and the use of materials in presentations in a manner permissible under the fair use doctrine and guidelines, including those specifically granted to educators in classroom settings.

In accordance with the law, violations of this policy may subject the violating party to civil remedies and criminal penalties as defined in the Vietnam Copyright 2009. Under the law, both individuals and TTU are liable for copyright infringement. Individuals who disregard copyright law put themselves legally and financially at risk.

3. Fair Use Guidelines of Copyrighted Materials:

Fair use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. The Vietnam Copyright 2009, article 32 recognizes the need for educators, scholars and students to use copyrighted materials without permission from the copyright holder. This provision is called fair use. Specifically, fair use doctrine offers a means of balancing the exclusive right of the copyright holder with the public’s interest in dissemination of information affecting areas of universal concern, such as art, science, history, or industry.

The fair use provision of the Vietnam Copyright of 2009 allows reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reports, teaching, scholarship, and/or research. The guidelines that follow provide principles for all members of the university community who wish to use and/or digitize copyrighted works under fair use rather than by seeking authorization from the copyright owners for noncommercial educational purposes.

The key determiner of fair use is the amount of a selected work that is disseminated without permission from the copyright holder. In determining whether the use is within the fair use doctrine, the following four factors must be considered:

Four factors of fair use:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyright work as a whole

4. The effect of the use upon the potential market for or value of the copyrighted work

Essentially, fair use is allowed as long as the use does not affect the economic viability of the materials. Economic viability is affected if the use in question captures the “essence” of the copyrighted work. Faculty who follow these guidelines should be covered by the fair use provision of the Act. However, fair use cannot be solely determined by resort to arbitrary rules or fixed criteria and requires examination of circumstances in each case.

fair use applies to printed and electronically stored copyrighted works. A statement of the copyright along with clear attribution must be included with each permitted use.

Examples of Uses Permitted

Copying, with clear attribution, is generally permitted in the following instances:

1. Quoting brief passages from copyrighted works,/p>

2. Copying materials for archival purposes

3. Copying excerpts from texts which are sold to students for a per-page cost. Extensive copying is prohibited.

4. Making single copies of articles from a periodical, book chapters, short stories, charts, graphs, illustration or other material for instructional preparation

5. Making multiple copies for classroom use

6. Material from the Web – such as text, sound, video, etc. – may be incorporated into a web site only if it is labeled freely reproducible and not under copyright. Many government materials are generally included in this category. It is usually permissible to include links to existing web sites on a site you have created.