Knight-Capron Library

Digital Showcase Policies: Content Policies

Methods of submission

All contributors to Digital Showcase are required to complete a formal submission agreement (or provide analogous assurances in writing) that describes the disposition of intellectual property within the submitted work, and which acknowledges the contributors’ responsibilities with regard to the content of the submission.  Depending on the configuration of the specific content collection, the submission agreement will be completed either physically, via email, or via the Digital Showcase platform. 

NOTE: Initially, all submissions to Digital Showcase will be mediated by the administrator and associates. This will allow us to create categories and collections based on the works we receive, rather than trying to the fit works into predetermined ones.This means all submissions will be sent as emails to digitalshowcase@lynchburg.edu.

Collaborative Works

The Knight-Capron Library encourages submission of collaborative works to Digital Showcase. When works with multiple authors, creators, or owners are submitted for inclusion in Digital Showcase, the submitting author or owner is responsible for ensuring that the submission  does not violate any existing contractual agreements governing the work and that the submission conforms to all applicable policies and laws.

Under United States copyright law, individual authors in a joint work share equal rights in that work (absent a contract to the contrary) and, as such, have the right to independently grant a non-exclusive license like that required by Digital Showcase. Given this, the Knight-Capron Library does not require that all co-authors provide permission to post a work in Digital Showcase. However, it is recommended that the submitting author consult with his or her co-authors prior to submitting a work to Digital Showcase.

    Exception: All student authors must grant permission for a shared work to be submitted to Digital Showcase. Permission may either be granted explicitly or may be attested to by the submitting author.

Take-Down Policy

To assure compliance with the Digital Millennium Copyright Act, the Knight-Capron Library has instituted the follow policy to address claims of copyright infringement in works contributed to Digital Showcase:

Persons who have questions, or who believe that their copyrights have been infringed upon by the posting of material to Digital Showcase, may contact the administrators at:

Digital Showcase,Lynchburg College Library, 1501 Lakeside Drive, Lynchburg, VA 24501-3199 (434.544.8206). Email inquiries may be directed to: digitalshowcase@lynchburgu.edu.

Requests to remove materials from Digital Showcase should include:

  • A physical or electronic signature of the owner, or authorized agent of the owner, of an exclusive right that is allegedly infringed.
  • Clear identification of the copyrighted work(s) claimed to have been infringed.
  • Clear identification of the material in Digital Showcase that is claimed to be infringing, including the URL(s).
  • Information reasonably sufficient to permit the Knight-Capron Library to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and if applicable, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The Knight-Capron Library will respond to all questions or requests within one business day. If, within that timeframe, the Libraries are not able to determine that the use of the work in question is lawful, access to the work through Digital Showcase will be removed.

Privacy

No works that infringe on an individual’s privacy rights under law or under the Lynchburg College Privacy Policy may be submitted for inclusion in Digital Showcase.  Upon notification that content in Digital Showcase (a) infringes on an individual’s privacy rights under law, (b) is in violation of the Lynchburg College Privacy Policy, or (c) is in violation of FERPA, HIPAA, or other relevant privacy laws, the Scholarly Communications and Research Services Librarian will, in consultation with the contributor, immediately withdraw or amend said content in a manner consistent with the procedures outlined in this policy (see Corrections and Withdrawals).

Defamation*

The Knight-Capron Library fully supports the intellectual and academic freedom of the faculty, staff, and students within the Lynchburg College community. However, the Library also recognizes that those freedoms may only be exercised to the extent that they do not become unlawful.  As such, the Library require that contributors to Digital Showcase refrain from statements that would be considered defamatory in a court of law.

As with the use of third-party copyright materials, the Knight-Capron Library will not review content submitted to Digital Showcase for the inclusion of potentially defamatory material. However, if material of a defamatory nature comes to the attention of the Knight-Capron Library, such material may be removed from Digital Showcase without notice.

Any individual who believes that content in Digital Showcase may be defamatory of them or others must inform the Scholarly Communications and Research Services Librarian as soon as possible. Defamation claims may be submitted to:

Digital Showcase – Defamation Claims, Lynchburg College Library, 1501 Lakeside Drive, Lynchburg, VA 24501-3199 (434.544.8206). Email inquiries may be directed to: digitalshowcase@lynchburgu.edu.

 

Claims of defamation should include:

  • A physical or electronic signature of the individual claiming defamation (of self or others).
  • Clear identification of the content in Digital Showcase which is believed to contain defamatory statements, including the URLS(s).
  • Clear description of the defamatory statements, as well as the rationale for the defamation claim.
  • Information reasonably sufficient to permit the Knight-Capron Library to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

Upon receipt of a defamation claim, the Scholarly Communications and Research Services Librarian will disable access to the content in question and will consult with Lynchburg College’s legal counsel regarding the merits of the claim. If, after this consultation, the content is determined not to be defamatory, access may be restored.

The Knight-Capron Library, pending consultation with legal counsel, may also remove potentially defamatory content which comes to light independently apart from this claims/complaint procedure.

 

*Adapted from Coventry University’s repository policies.

Copyright

Contributors to Digital Showcase must hold the copyright (either solely or jointly), or have the permission of the copyright holder(s) (with the exceptions noted below), for the content that they submit to Digital Showcase. Copyright for content submitted to Digital Showcase is retained by the author/creator/copyright holder(s); no copyrights are transferred to Lynchburg College or the Knight-Capron Library. However, contributors must provide Lynchburg College and the Knight-Capron Library with a non-exclusive, royalty-free license to use, display, distribute, transmit, copy, reproduce, archive or otherwise make accessible the content through Digital Showcase.

 

Inclusion of Third-Party Copyrighted Materials / Fair Use

For previously published full-text materials (e.g. journal articles), the copyright status of each item will be reviewed prior to public posting in Digital Showcase, and every effort will be made to ensure that ingesting and providing access through Digital Showcase is in compliance with copyright holders’ stated policies.

 

For unpublished materials (e.g. student coursework, theses/dissertations, faculty or student conference presentations, etc.) assurances will be received from the creator(s) during the submission process that, if necessary, permission has been obtained from owners of third-party copyrighted materials included in the unpublished work. In the instance of a mediated submission wherein a formal submission agreement is not received, it is assumed that the creator of the work is not knowingly submitting infringing material.

The Knight-Capron Library does not review for compliance with copyright law the content of all such scholarly or creative unpublished materials that are submitted to Digital Showcase. Furthermore, the Library fully supports the right of our community members to make fair use of copyrighted materials (as outlined in Title 17, Section 107 of the U.S. Code) in the creation of their own works. The Scholarly Communications Librarian will not make a fair use determination of submitted work; such a determination is considered to be the responsibility of the creator(s). However, in instances when it is readily and reasonably apparent that copyright law would be violated by posting a work, the Knight-Capron Library may request that the creator(s) obtain permission from any relevant copyright holder(s).

Terms of Use

The following terms govern third party use of content contributed to Digital Showcase:

 

General Terms of Use

For previously published works (journal articles, book chapters, etc.) for which the publisher retains copyright, permission has been granted (where necessary) to post this Material on Digital Showcase. For any use which exceeds personal use or fair use, permission may be required by the copyright owner of the Material (see "Comments" section in the the cover page of the work).

 

For theses, dissertations, or other previously unpublished scholarly or creative works, the right to download or print any portion of this Material is granted by the copyright owner only for personal or educational use. The author/creator retains all proprietary rights, including copyright ownership. Any editing, other reproduction or other use of this Material by any means requires the express written permission of the copyright owner.

Except as provided above, or for any other use that is allowed by fair use (Title 17, §107 U.S.C.), you may not reproduce, republish, post, transmit or distribute any Material from this web site in any physical or digital form without the permission of the copyright owner of the Material.

Inquiries regarding further use of these materials should be addressed to: Digital Showcase Rights, Lynchburg College Library, 1501 Lakeside Drive, Lynchburg, VA 24501-3199. Email inquiries may be directed to: digitalshowcase@lynchburg.edu.

 

 

Terms of Use for Creative Commons-Licensed Works

For works posted in Digital Showcase that display a Creative Commons license in their record and/or on the work itself, the use of that work is governed by the terms of the license selected by the content creator.

For more information about Creative Commons licenses, or to license your own work, please visit http://creativecommons.org/.

Human Subject Research

Unpublished products (e.g. manuscripts, posters, datasets, etc.) of human subject research will only be accepted for inclusion in Digital Showcase under the following conditions:

(a) the associated research study was approved by the Lynchburg College Institutional Review Board*;

(b) the distribution of research results through the repository is consistent with the nature of dissemination described to research subjects in the study’s informed consent document;

(c) the distribution of research results through the repository has been approved by study sponsors/funders; and

(d) appropriate measures consistent with the study’s protocol have been taken to ensure that distribution of results through the repository does not place subjects’ privacy at additional risk. The Knight-Capron Library reserve the right to confirm approval of associated studies with the Institutional Review Board prior to making submitted research products accessible.

 

*For research products that are the result of collaborative research and for which ethical oversight has been ceded to another institution’s IRB, the approval of that IRB shall be sufficient. Products of international research collaborations for which ethical oversight has been provided in another country will be accepted for deposit upon assurance of ethical review by an IRB or relevant analogous body.