Regarding Use of Works Created by Others

St. Charles Borromeo Seminary’s central mission is the formation of Catholic men of the Archdiocese of Philadelphia and of other dioceses and religious communities for pastoral service in the Roman Catholic Priesthood. The Seminary is committed to providing a unified college and theology program of formation in priestly spirituality, pastoral ministry, celibate witness, emotional maturity, intellectual integrity and physical wellness. Formation towards the ministerial priesthood centers around the Word of God and the Sacraments of the Church, most especially Eucharist and Reconciliation. This is complemented by personal and community prayer, a comprehensive academic program of liberal arts and theological studies, and a program of pastoral preparation designed primarily for parochial ministry. The Seminary welcomes the diverse challenges of our time and promotes in the seminarian a commitment to work in unity with others in the Church with a pastoral solicitude which is exercised in fidelity to the Magisterium of the Church. Offering its resources to the larger Church community, Saint Charles Borromeo Seminary, through its Religious Studies Division and in cooperation with other institutes, provides a variety of academic and pastoral programs to serve the needs and interests of priests and deacons in parochial and other ministries, other parish workers, teachers of religion and interested lay persons. The Seminary is committed to serve the need for on-going formation and pastoral education, as this need continues to be discerned and in collaboration with the leadership of the local Church.

In the course of fulfilling their respective functions in connection with this mission, individuals employed by or affiliated with Saint Charles Borromeo Seminary may use works that are protected by copyright. These works may include, but are not limited to, text (e.g., books or articles), music, drama, multimedia (e.g., films or video), art (e.g., pictures or sculptures), designs, computer software and electronic chip designs. This copyright policy (this “Policy”) clarifies the rights and responsibilities accruing from the use of such works by staff, faculty, students and administrators.

Use of Works Created by Others

It is St. Charles Borromeo’s policy that all Seminary activities comply with U.S. copyright law. It may be permissible under copyright law to use works without obtaining the permission of the copyright owner under the following circumstances:

Work is in the Public Domain. Works that are legally in the “public domain” may be copied freely and without restriction. However, most works should be presumed to be protected by copyright, unless information from the copyright holder or express notice clearly indicates that the work is in the public domain. See U.S. Copyright Office’s Circular 22 for guidance on how to determine the copyright status of a work.

Use is Permitted under Software License. Most software is licensed to the user by the copyright owner under an agreement that permits certain uses of the software. Each software license agreement is unique and must be reviewed before copying the software to determine whether such copying is allowed. Any copying or use of copyrighted software on Saint Charles Borromeo Seminary’s computing equipment must be in accordance with copyright law and the applicable software license agreement. Any questions can be addressed by the Director of IT Services.

Use is Permitted under Section 108. Under Section 108 of the U.S. copyright statute, copying is permitted under certain circumstances by libraries for purposes of preservation of works. Questions regarding the applicability of Section 108 should be directed to the Director of Library Services.

Use is Permitted under Section 110. Section 110 of the U.S. copyright statute, as amended by the Technology, Education, and Copyright Harmonization Act of 2002 (the TEACH Act), allows certain educational uses of works. Questions regarding the applicability of Section 110 should be directed to the Director of Library Services.

Use is Likely to be Considered Fair Use. The copyright law permits certain very limited uses of copyrighted materials, including copying, without the copyright owner’s permission, where such use constitutes “fair use” under the law. The question of whether a given use is “fair” involves a complex analysis of ambiguous factors, and the answer often runs counter to intuition. In addition, in recent years, a number of courts have narrowed the scope of “fair use.” Saint Charles Borromeo Seminary’s Director of Library Services will determine whether a proposed use is likely to constitute “fair use.”

NOTE: The analysis related to fair use under the copyright law is complex and difficult to generalize. Many educational institutions assign to a particular office the responsibility of assessing whether a use is likely to be considered fair use. This practice helps to avoid situations where personnel might expose the institution to risk because of a mistaken evaluation of fair use.

(b) Permissions. If the proposed use of a work does not fall within any of the above circumstances, permission for such use should be obtained in writing from the copyright owner. This Policy prohibits such use unless the appropriate permission is obtained in advance. It is the responsibility of each user to obtain copyright permissions.

Policy Interpretation. Questions or concerns regarding interpretation of this Policy should be directed to the Director of Library Services. Every effort will be made to resolve informally any disputes regarding this Policy with the Office of the Vice Rector. This Policy is subject to modification or revocation by Saint Charles Borromeo Seminary at any time, in its sole discretion.