The guidelines attached
to this policy are meant to be used as an aid in determining what materials may
be legally and ethically used for instructional purposes by the faculty, staff
and students of
1. The
Library for questions pertaining to the use of reserves.
2. Audio
Visual Services for questions pertaining to the use of films, videos, and
related media.
3.
Information Technology Services for
questions pertaining to the use of faculty, student, and class web sites.
4.
Office of Printing Services (OOPS) for
questions pertaining to the reproduction of copyrighted materials (photographs,
music, cartoons, articles, etc.) in printed matter or for use on a College
website
1. Copyright: Definitions,
Rights, and Liabilities
2. Permissions
3. Fair Use
4. Office of
Printing Services
a. Guidelines For Copying for Classroom Use
b. Coursepacks for classroom use
c. Guidelines
for Printed Music
5. Use of Multi Media Guidelines
6. Use of Videos in the
Classroom
*The information contained within this
document is not, and should not be construed as legal advice. If you have questions about the legality of
any of the included material, or specific questions concerning the legal use of
materials for instructional purposes, please consult your attorney.
Copyright: Definitions, Rights, and Liabilities
COPYRIGHT PROTECTION
Copyright protects a wide range of
materials and applies to any original work of authorship that is in a tangible
form of expression. For example: books, articles, photographs, sound
recordings, paintings, software, music, sculpture, architectural works, even
scribbles or graffiti.
Original works in any medium are now
automatically copyright protected and, since 1989, no notice of copyright is
required. Nor does the work need to be registered with the U.S. Copyright
Office to be protected.
NOT ALL WORKS ARE COPYRIGHT PROTECTED
Copyright does not protect everything. Generally,
the following are not protected by copyright law:
1.
Works in the public domain (see public
domain below)
2.
Facts, ideas
3.
Works created by the U.S. Government employees
(however, state, local, and foreign government works may be protected)
4.
Freeware (not shareware)
5.
Short phrases, names, slogans, or titles
(although some of these things may be protected by trademark law)
6.
Procedures, processes, systems, or methods
of operation (although some of these things may be protected by patent law).
WHAT IS AND WHAT IS NOT IN THE PUBLIC
DOMAIN
To determine if a work is in the public
domain, consider:
1. Works
published on or before Dec. 31, 1922, are in the public domain.
2. Works
published with proper copyright notice between 1923 and Dec. 31, 1963, and if
not renewed (a time when copyrights were either renewed or not) the 28 years of
protection would have expired and those works should now be in the public
domain. To be safe, check the renewal status of the copyrights at the U.S. Copyright
Office (www.copyright.gov). If the
copyrights in the work were renewed, the work is still protected by copyright
law.
3. Works
published with proper copyright notice between Jan. 1, 1964 and December 31,
1977 are likely still protected by copyright and have a term of 95 years.
4. Works
created since January 1, 1978, whether published or not, are now protected for
the life of the author plus 70 years. If the work is a work made for hire, the
copyright endures for a term of 95 years from the year of its first
publication, or a term of 120 years from the year of its creation, whichever
expires first.
5. Works
never published, but created on or before Dec. 31, 1977, are protected under
copyright law for the longer of either the life of the author plus 70 years or
until Dec. 31, 2002. However, if the work was published by December 31, 2002,
the copyright protection is extended until at least 2047.
(17
U.S.C. §§
302, 303)
RIGHTS OF COPYRIGHT
OWNERS
The copyright law of the
1. To reproduce the copyrighted work in
copies or phonorecords;
2. To prepare derivative works based upon the
copyrighted work (also known as the right to make adaptations of the work);
3. To distribute copies or phonorecords of
the copyrighted work to the public by sale or other transfer of ownership, or
by rental, lease, or lending;
4. In the case of
literary, musical, dramatic, and choreographic works, pantomimes, and motion
pictures and other audiovisual works, to perform
the copyrighted work publicly;
5. In the case of
literary, musical, dramatic, and choreographic works, pantomimes, and
pictorial, graphic, or sculptural works, including the individual images of a
motion picture or other audiovisual work, to display the copyrighted work publicly;
and
6. In the case of
sound recordings, to perform the
copyrighted work publicly by means
of a digital audio transmission.
(17 U.S.C. § 106)
EDUCATIONAL USES OF COPYRIGHTED
WORKS
The Copyright Act
contains several exceptions to the rights of copyright owners that permit
educational uses of copyrighted works under certain circumstances. The most famous of these exceptions is known
as the fair use doctrine, which allows the use of copyrighted works in many
(but not all) educational contexts without having to first obtain permission
from the copyright owner. If your
intended use of copyrighted materials does not fall within fair use or the
other exceptions to the rights of copyright owners, then you will need to
obtain permission from the copyright owner(s).
These issues are addressed in this Copyright Policy. For more
information, go to the Copyright Resources.
Obtaining
Permission to Use a Copyrighted Work
The general rule is that
permission is required in order to exercise any of the exclusive rights of a
copyright owner, that is, reproducing, adapting, distributing, publicly performing
or publicly displaying copyrighted works.
First, make sure that
permission is truly required. For
instance, the work may not be protected by copyright law, because its term of
copyrights has expired, or it does not qualify for copyright protection (i.e.,
it is not an original work of authorship fixed in a tangible medium of
expression). In such instances,
permission will not be needed. However,
when in doubt, you should assume that the work is copyrighted.
When the work to be used
is protected under copyright law, and your intended use is not within fair use
or any of the other exceptions to the rights of copyright owners, the next step
is to identify the owner of the copyright and obtain permission for your
particular use. Permission should be
obtained before your planned use of
the work. Keep in mind that the
permissions process can take time, so it is important to plan ahead.
Permission must be sought
from the copyright owner, who may be difficult to identify. If the work you intend to use has a copyright
notice (i.e. the statement accompanied by a “©” or “Copyright” or “Copr.”), the
copyright owner is the person or entity listed in the notice. Keep in mind,
however, that the copyrights may have been transferred to someone else after
the notice was printed. Still, the
copyright notice is usually the best place to start.
If there is no copyright
notice, or if the information in the notice is out of date, another place to
look for the copyright owner is the U.S. Copyright Office. The Copyright Office maintains registrations
and other documentation of copyrights, many of which can be searched online at
www.copyright.gov.
You may also be able to
identify the copyright owner by contacting the publisher of the work you intend
to use. Publishers often have permissions personnel
whose job it is to assist in this area.
Finally, copyright owners
often belong to organizations, such as the
When requesting
permission to use a copyrighted work, be sure to provide the copyright owner
with the following information:
1.
The title, author, and publisher (if applicable)
of the work, as well as a precise description of the part of the work you
intend to use.
2.
Your name and title.
3.
The course, research, or purpose for your
use of the work.
4.
The nature of your use (i.e., what it is
you’ll be doing with the copyrighted work).
5.
The number of copies you would like to make,
or, in the case of performances or displays, the number of people who will be
viewing the performance or display.
6.
When and for how long the use will occur.
Be sure to keep detailed records of the permissions
process, including all correspondence to and from the copyright owner and
records of any payments made.
Fair use is that part of the
copyright law which allows materials to be used for various purposes, such as educational
purposes (including multiple copies for classroom use), research, comment, or
criticism, without violating the rights and privileges of the copyright owner(s). Listed below are the traditional factors
stated in the Copyright Act which are used to determine whether a use is fair. After that, several criteria are listed to
help determine whether a use may be ruled fair use or not. Because an analysis of fair use is very fact
sensitive, it can be very difficult to determine whether a use of a copyrighted
work is a fair use.
A fair use determination is based upon
the following factors:
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 copyrighted work as a
whole: and
4.
the effect of
the use upon the potential market for or value of the copyrighted work.
(17
U.S.C. § 107)
How is the
character of the use best described?
In which of the following
situations is the material to be used?
Commercial vs. Nonprofit/educational
Transformative vs. Duplication
Published vs. Unpublished
Generally,
nonprofit or educational purposes are favored as fair use over purely
commercial purposes; transformative uses (i.e., using the copyrighted work in a
new context) are more favored as fair use than pure duplication. Further, there may be some tendency to give
greater protection to unpublished works, making fair use of such works less
likely.
This
factor tends to be very important in the fair use analysis; in other words, the
outcome of this factor tends to influence the outcomes of the other factors.
What
is the nature of the work being used?
Factual, scientific works vs.
created, imaginative works
Generally,
the more factual or scientific the work is (i.e. academic articles, textbooks,
research materials), the more likely that fair use will be found; the more
creative the work is (i.e. poems, novels, music), the less likely the use will
be fair. However, this factor tends to
be the weakest of the four factors.
How
much of the work is being used?
Generally
speaking, the less of the work used, the better the chances of a fair use
ruling. However, in some cases even the
use of a small amount of the work may be ruled as not being fair use when that
small amount is considered to be the “heart” of the work; on the other hand,
there are instances in which the use of 100% of the work has been determined to
be a fair use.
What
is the market (or financial) effect of this use?
This
factor examines the economic impact of the use on the copyright owner. If the use is effectively a market
replacement for the copyrighted work, it is less likely to be a fair use. Similarly, if there is a permissions market
that has been firmly established for the use, then that use will be less likely
to be considered fair.
While
each of the criteria is considered separately, all four are used as a whole in
determining fair use.
THE PROTECTION OF RIGHTS
Copyright law provides a balance between
the rights of the owners to profit from their works and the society to learn
and benefit from those works. The Office of Printing Services is committed to
providing a learning environment that respects both the property rights and
also supports our faculty, students and staff.
We expect all members of the College community to comply with copyright
laws and to observe the fair use guidelines. Campus facilities may not be used
to further any illegal use of copyrighted materials.
PLEASE
NOTE THAT THE FOLLOWING GUIDELINES ADDRESS COPYING FOR RESEARCH AND CLASSROOM
USE; THEY DO NOT ADDRESS COPYING BY LIBRARIES OR OTHER USES OF COPYRIGHTED
WORKS BY LIBRARIES THAT MAY BE PERMITTED UNDER THE COPYRIGHT ACT.
GUIDELINES FOR COPYING FOR RESEARCH
PURPOSES AND CLASSROOM USE
Nonetheless,
in light of the uncertainties concerning whether particular uses of copyrighted
works are fair uses, the Office of Printing Services has developed the
following guidelines for making copies of works for research or classroom
purposes, including the creation of coursepacks at the college (please note
that these guidelines do not apply
to the use of third party copying companies to create coursepacks for you; such
companies may be required to obtain permission from the copyright owner(s)). These guidelines do not apply to works in the
public domain or works that are unprotected by copyright law; those works may
generally be freely copied.
Generally,
a SINGLE copy (for research purposes), or MULTIPLE COPIES (for classroom use)
may be made of any of the following:
1.
A chapter from a book;
2.
An article from a periodical or newspaper;
3.
A short story, short essay, or short poem
(whether or not taken from a collective work);
4.
A chart, graph, diagram, drawing, cartoon
or picture from a book, periodical, or newspaper;
so
long as such copying is done under the following circumstances:
1.
If the original work has a copyright notice,
each copy must include that notice.
2.
Only one copy is given to each student.
3.
Students are charged for the exact cost of
the copying, if at all.
4.
Copies should not create or replace
anthologies or collective works.
5.
Copies should never be made to avoid the purchase of materials.
The use of the same materials from year to
year should be avoided without permission from the copyright holder. Spontaneity, or lack of adequate time to
acquire permission, is one of the factors looked at by the courts in determining
fair use cases. Repeated use semester
after semester would probably be viewed unfavorably in terms of fair use by the
courts. Also, avoid the use of the same
item for separate courses, as well as repeated copying from the same source or
author.
GUIDELINES FOR PRINTED MUSIC (see
The Guidelines for Educational Uses of Music for more detail)
The College has adopted
the following as guidelines for copying printed music:
1. Emergency
copies may be made to replace purchased copies that are not available for an
imminent performance, provided that purchased copies are obtained in due course.
2. Multiple
copies of excerpts of works may be made, so long as the excerpt does not
constitute a performable unit, and in no case more than 10% of the work.
3. A
single copy of a performance unit of a work may be made if: a) the work is out
of print and b) the copy is made for the purpose of research and not
performance.
4. Purchased
printed copies may be modified or edited, so long as the fundamental character
of the work is not distorted.
5. A
copy of a recording of a student performance can be made and maintained, such
as in the student’s portfolio.
6. One
copy of sound recordings for classroom or reserve room use is permitted.
Any such copying must be made under the
following conditions:
1. If
the original work has a copyright notice, each copy must include that notice.
2. Only
one copy is given to each student.
3. Students
are charged for the exact cost of the copying, if at all.
4. Copies
should not create or replace anthologies or collective works.
5. Copies
should not be made to avoid the
purchase of materials.
The
following guidelines are adapted from a committee report comprised of
educational and industry representatives.
While these guidelines are not law, the report was adopted by the
Subcommittee on Courts and Intellectual Property, Committee on the Judiciary,
U.S. House of Representatives, on September 27, 1996. As such, it is a part of
the Congressional Record. As with the
Classroom Copying Guidelines above, if your specific needs exceed the
guidelines listed below, your use of multimedia materials may still be made
without permission if the use falls within fair use.
Teachers
and students may create and incorporate original material along with
copyrighted material in the production of multimedia programs. These programs
may be used for educational purposes for systematic learning activities. These learning activities may include face to
face teaching activities and assigned self study activities in courses at
nonprofit educational institutions.
Additionally,
teachers may use such programs while giving presentations at conferences and
workshops. Teachers may also use the
programs as part of their professional portfolios. Please note that two years after the first
instructional use, permission from the copyright holder of material used needs
to be acquired before further use of copyrighted material, even for educational
use.
Students
may use and present the program in the course for which it was created. The
program may also be placed into the student’s portfolio.
The
following is a guide for the amount of copyrighted material that may be used in
multimedia programs for educational purposes.
Motion
Media
No
more than 10% or three minutes, whichever is less.
Text
No
more than 10% or 1,000 words, whichever is less.
Music,
Lyrics and Music Video
No
more than 10% or 30 seconds, whichever is less of an individual work.
Illustrations
and Photographs
No
more that five images by an artist or photographer. When using works from a collective work no
more that 10% or 15 images may be used, whichever is less.
Copying
and Distribution Limitations
No
more than two copies (not including the original). Only one copy may be placed on reserve.
The Use of Videos in the
Classroom
Commercially
produced videos may be used in the classroom without a public performance
license under the following conditions.
Uses
by groups other than classes should refer to the Source for guidelines. In
general, all other uses of a video would require a public performance
license.
Television shows may be copied off air
for use in a class using the following guidelines.
The
general guidelines for placing materials on websites are the same as for other
types of uses of copyrighted works. Thus
if you intend to place copyrighted materials on your website, you should obtain
permission from the copyright owner unless such use would constitute fair use. If your use will be made in connection with
instruction, see the distance education portion of this policy.
The
College recommends the following with respect to web page use:
Do
not use any music, video, other audio visual materials, or images (pictures)
produced by someone else on your web page without specific permission.
You
may link from your page to the home page of another website. If your link is made using frames or in-line
links, you should make it clear to the user that they are at a new site.
Do
not use logos and trademarks on your site without permission. The use of these symbols is regulated by trademark
law.
You
may download a single copy of copyrighted material from another website for
personal use. (Remember that the act of
saving a work in your file space is considered making a copy, whether or not it
is printed onto paper.)
Library Policy Regarding Reserves and
Copyright
The Library’s reserve policy
is grounded on the Copyright Law of the
Photocopied (or otherwise
duplicated) material generally considered appropriate for course reserves
include:
1. Instructor-owned materials.
Photocopied
(or otherwise duplicated) material not acceptable for library reserves include:
Much
of the Technology, Education and
Copyright Harmonization (TEACH) Act, passed into law in November, 2002, was
designed to correct deficiencies with copyright law as it pertains to
performances and displays of works made in the course of distance education. Faculty use of Blackboard and other web-based
teaching methods are addressed under the new law.
You
may make performances or displays of copyrighted works through electronic
transmissions without having to obtain permission from the copyright owner if
all of the following apply:
(17
U.S.C. § 110)
There is an excellent discussion of the
implications of this new act available from Kenneth Crews, Professor of Law and
head of the
www.copyright.gov
www.copyright.iupui.edu/
Crash
Course in Copyright
www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
Copyright
Policy
www.roanoke.edu/copyright/
Coalition for Networked Information
Model Policy
Concerning College and University Photocopying for Classroom, Research and
Library Reserve
www.cni.org/docs/infopols/ALA.html#mpup
When Works
Pass Into the Public Domain
www.unc.edu/~unclng/public-d.htm
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