The copyright policy of the College of Micronesia-FSM affirms the institution's commitment to comply with Federated States of Micronesia law pertaining to copyright; to respect faithfully the property rights of authors and their assignees; to educate members of the campus community about copyright law.
This policy applies to all faculty (including those on temporary appointments), staff, and students of the College of Micronesia-FSM.
Copyright protection subsists, in accordance with FSM Code Title 35, in original works of authorship fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a device. Works of authorship include the following categories:
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
Limitations to copyright
The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and 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
the effect of the use upon the potential market for or value of the copyrighted work.
Reproduction by libraries and archives
It is not an infringement of copyright for a library or archives to reproduce no more than one copy or phonorecord, under the conditions specified by this section, if:
the reproduction or distribution is made without any purpose of direct or indirect commercial advantage
the collections of the library or archives are open to the public
the reproduction or distribution of the work includes a notice of copyright.
Alternatives to copyright
The college recognizes alternatives to copyright for the licensing of original works. These alternatives include but are not limited to GNU licenses and
Creative Commons licenses.
Plans and procedures
The college will develop plans and procedures to ensure that copyright is not infringed at the college.
Oversight responsibility for copyright policy resides with the Vice President for Administration.
Anonymous work means a work on the copies or phonorecords of which no natural person is identified as the author.
Audiovisual works means works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
Collective work means a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.
Compilation means a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. Compilation includes collective works.
Copies means material objects, other than phonorecords, in which a work is fixed by any method and from which can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a device. Copies includes the material object, other than a phonorecord, in which the work is first fixed.
Created: A work is created when it is fixed in a copy or phonorecord for the first time. Where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
Derivative work means a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recasted, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work.
Display: To display a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device.
Fixed: A work is fixed in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
Literary works means works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, or cards, in which they are embodied.
Perform: To perform a work means to recite, render, play, dance, or act, either directly or by means of any device or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
Pictorial, graphic, and sculptural works includes two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models.
Publication means the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons, for purposes of further distribution, public performance, or public display constitutes publication.