|
MERLOT Intellectual Property Policy
MERLOT is a free and open resource designed primarily for faculty and students of higher education. Links to online learning materials are collected here along with annotations such as peer reviews and assignments. MERLOT is committed to improving the effectiveness of teaching and learning by expanding access to high quality teaching and learning materials that can be easily incorporated into faculty-designed courses.
MERLOT is built on the collaboration between its Partners, community members, registered members and users. In that spirit, MERLOT allows access to its site and the materials there-in for personal and non-commercial uses as laid out by this policy. By using MERLOT, you agree to these terms and you promise that you will not use any content found on the MERLOT web site in whole or in part, for any purpose that is unlawful or for any purposes other than those that are personal, non-commercial and educational.
The following definitions are important within this policy with regard to outlining the expectations of individuals and institutions associated with MERLOT.
- MERLOT Partners - individuals or institutions that have a specific relationship with MERLOT defined by Letters of Commitment, Memorandum of Understanding or via jointly funded grants or proposals. These entities will adopt and abide by the MERLOT Intellectual Property Policy.
- MERLOT Community Members - individuals or institutions that choose to contribute to the MERLOT website. These entities will adopt and abide by the MERLOT Intellectual Property Policy.
- MERLOT Users - individuals that choose to use the MERLOT website. These entities will adopt and abide by the MERLOT Intellectual Property Policy.
1.0 MERLOT and the MERLOT Collection
Each type of material found in MERLOT and its associated websites is copyrighted. Because of the community-based nature of MERLOT, each type of information found in MERLOT might have a separate Acceptable Use Policy. If a user is unsure of the copyright and/or terms and conditions of use, the user should contact the author of the item in question.
MERLOT holds the ownership and copyright to aggregated collection of materials made available through MERLOT (this includes the aggregate collection of Learning Material Metadata, Member Comments, Peer Reviews, Assignments, etc.). MERLOT shares ownership and copyright on elements of the aggregated collection as described below. No one may copy, reproduce or distribute, the MERLOT collection, or any substantial portion of the MERLOT collection without prior written consent of MERLOT.
1.1 Peer Reviews
MERLOT and the MERLOT Editorial Board that contributed the peer review about a learning material jointly share the ownership and copyright of the peer review. The MERLOT Editorial Board that contributed the information grants MERLOT non-exclusive, irrevocable, perpetual rights to modify, distribute and redistribute this information as it sees fit.
1.2 About Us and Partner Reserve
MERLOT holds the ownership and copyright to all materials created by MERLOT that are made available through the MERLOT About Us and Partner Reserve. In some cases information is jointly authored and ownership and copyright of those materials is shared between MERLOT and the MERLOT Community member(s) that author the information (e.g., Peer Review Process, Collection Development Policy, etc.).
In some cases the information available in the About Us and Partner Reserve is contributed by a MERLOT Community member without any contribution by MERLOT to its development, in this case MERLOT does not own or make any claims regarding ownership or copyright of this content. By contributing materials to the About Us and Partner Reserve, the MERLOT Community member that contributed the information grants MERLOT non-exclusive, irrevocable, perpetual rights to modify, distribute and redistribute this information as it sees fit.
1.3 Assignments, Learning Material Metadata, Member Comments, Member Profile Information, Personal Collections
MERLOT and the MERLOT Community member that contributed the information about a learning material jointly share the ownership and copyright of learning material metadata (i.e., catalog descriptions of the learning materials referenced by MERLOT). The MERLOT Community member that contributed the information grants MERLOT non-exclusive, irrevocable, perpetual rights to modify, distribute and redistribute this information as it sees fit.
1.4 Learning Materials (content referenced by MERLOT)
MERLOT does not own or make any claims regarding ownership or copyright to the content referenced by MERLOT.
2.0 Use of Materials Found in MERLOT
2.1 Use of MERLOT Materials
MERLOT Partners, by virtue of their relationship to MERLOT, have permission and/or are licensed to use MERLOT materials (see paragraphs 1.1 - 1.3 above), in print or electronic format, by following the procedures outlined in this policy and under the limitations of their partnership agreement.
All other Community Members and users must have explicit permission and/or licensing from MERLOT to use MERLOT materials. All permission requests must be made prior to use. If your request is not covered in the guidelines that follow and if you have any question as to whether your use is fair use, contact MERLOT for additional information and guidance at webmaster@merlot.org.
2.2 Use of Learning Materials by All Users
Users of learning materials (see paragraph 1.4 above) found by MERLOT Community Members and Users at the MERLOT site, whether in print or not, beyond that specified in the Fair Use guidelines issued by the US Copyright Office, must have the explicit permission and/or licensing from the author of those materials.
There are many sources of information regarding Fair Use guidelines and the TEACH Act, which outlines how materials may be used for educational purposes. For example, see:
MERLOT has the right, but not the obligation, to monitor and edit or remove any activity or contribution that violates fair use or the TEACH Act. MERLOT takes no responsibility and assumes no liability for any contribution made by the user or a third party.
2.2.1 Giving Credit and Copyright Notice
A statement such as the following much appear with all material used from MERLOT publications or from the MERLOT website: "Reproduced with permission from MERLOT - the Multimedia Resource for Learning Online and Teaching (http://www.merlot.org). All right reserved."
2.2.2 Exclusions
Permission does not extend to items within the site that are reprinted by permission of other publishers and copyright holders. You must obtain separate permissions for these items. It is the responsibility of the user to obtain these permissions, however, MERLOT can provide contact information for these items upon request.
2.2.3 Links and Framing
All links to MERLOT pages must make clear that the content belongs to MERLOT. Similarly, MERLOT content may not be framed unless it is clear that the content is hosted by MERLOT and the URLs of the framed MERLOT pages are displayed.
2.2.4 Online Teaching and Learning
Materials reproduced for teaching and learning purposes are subject to the same restrictions as other permission requests - see information about Fair Use and the TEACH Act in paragraph 2.2 above.
2.2.5 Commercial Use
MERLOT materials and services may be used for commercial purposes by obtaining a license for use by MERLOT. Contact the MERLOT webmaster (webmaster@merlot.org) for more information.
2.2.6 Scholarly and Academic Works
Authors of scholarly works and those conducting research associated with MERLOT must follow the fair use principles for excerpts from the MERLOT website and publications. Appropriate citations are required.
2.2.7 Training, Professional Development, and Other Education
Individual Web pages may be reproduced for distribution limited to participants in educational workshops, training sessions, seminars, and other in-service programs. For programs conducted by MERLOT partners, no prior permission is necessary for use of reproductions of the Web site or other MERLOT training materials. Those who are not MERLOT Partners must follow permission requirements set forth in paragraph 2.1 above. In all cases there may be no charge to the recipients beyond the direct cost of reproduction for the pages received. Fair Use practices apply.
2.2.8 Personal Use
MERLOT web site materials may not be posted, published, transmitted, reproduced, distributed or in any way used to exploit MERLOT for commercial purposes or use them in any manner inconsistent with this policy.
3.0 User Obligations
3.1 Abide by Applicable Laws
In connection with the use of MERLOT, you are required to abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement.
3.2 Online Communications
You are cautioned that any online communications may not be fully confidential. You should also be aware that federal postal regulations do not protect electronic mail. Also be aware that as a part of their regular duties, MERLOT personnel may access your communications for technical or operational purposes. MERLOT may also disclose any communications to the extent permitted or required by law.
3.3 Content of Information
You are responsible for any information or materials you place on the MERLOT site. MERLOT has no obligation to, and does not in the normal course of business, monitor or control any material that is or becomes available in MERLOT. MERLOT reserves the right to review any material that is or becomes available on the site. MERLOT reserves the right to refuse to post or to remove any materials that are, in our judgment, unacceptable, undesirable or in violation of this policy.
However, MERLOT has no obligation to exercise such reservation of rights. MERLOT will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. MERLOT may terminate access for content providers or service participants who are found to repeatedly provide material without necessary rights or permissions.
If you believe that your work has been used or copied in a way that constitutes copyright infringement, please notify MERLOT in writing as required by the Digital Millennium Copyright Act. For MERLOT to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing MERLOT of an alleged infringement:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on the site.
- Describe the material that is claimed to be infringing and provide sufficient information to permit MERLOT to locate that material.
- Include your contact information: e-mail address, telephone number, and mailing address.
- Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided MERLOT is accurate. Attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
Without the information listed above, MERLOT may not be able to act on your complaint promptly or at all.
4.0 Requesting Copyright Permission
Send a written request to Copyright Permission:
Your request should include the following information:
- The URL of the web page(s) or identifying citation of the source of the material you wish to use.
- The purpose for which you wish to use the materials.
- The number of copies of the material that you wish to make.
In order to be processed, requests must contain complete information including the name of the person/organization wishing to use the materials, title, phone number, email address and mailing address.
5.0 Modifications
This policy may be modified by MERLOT and such modifications will be binding when published on the MERLOT website.
Questions or comments regarding this policy should be sent to webmaster@merlot.org.
|
