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Library Administrative Manual

3.5 Number: Copyright

  1. Unsupervised Photocopy Equipment
  2. Library Reserve
  3. Document Delivery Service
  4. Rapid Copy Services
  5. Media Access Center
  6. Computer Lab

What Copyright Is

"Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. code) to the authors of 'original works of authorship' including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

What Works Are Protected

"Copyright protection exists for 'original works of authorship' when they become fixed in a tangible form or expression. Fixation does not need to be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

  1. literary works;
  2. musical works, including any accompanying words;
  3. dramatic works, including any accompanying music;
  4. pantomimes and choreographic works;
  5. pictorial, graphic and sculptural works;
  6. motion pictures and other audiovisual works; and
  7. sound recordings

This list is illustrative and is not meant to exhaust the categories of copyrightable works. These categories should be viewed quite broadly: for example, computer programs and most "compilations" are registerable as "literary work"; maps and architectural blueprints are registerable as "pictorial, graphic, and sculptural works."

Duration of Copyright

A work that is created is protected for a term of the authors's life plus an additional 50 years after the author's death. In the case of a joint work, the term lasts for 50 years after the last surviving author's death. [A call to the Library of Congress in May 1991 determined that copyright has expired for works published in this country before 1916.] Guidelines with Respect to Books and Periodicals Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals

The purposes of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future, that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

Guidelines

  1. Single Copying for Teachers

    A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching of preparation to teach a class:

    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 from a collective work;
    4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
  2. Multiple Copies for Classroom Use

    Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:

    1. The copying meets the tests of brevity and spontaneity as defined below; and,
    2. Meets the cumulative effect test as defined below; and
    3. Each copy includes a notice of copyright.

    Definitions

    Brevity

    (i) Poetry: (a) A complete poem is less than 250 words and if printed on not more that two pages or, (b) from a longer poem, an excerpt of not more that 250 words.
    (ii) Prose: (a) Either a complete article, story or essay of less that 2,500 words, or (b) an excerpt from any prose work of not more that 1,000 words of 10% of the work, whichever is less, but in any event a minimum of 500 words. [Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]
    (iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
    (iv) "Special" works: Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.

    Spontaneity

    (i) The copying is at the instance and inspiration of the individual teacher, and
    (ii) The inspiration and decision to use the work and the moment of
    its use for maximum teaching effectiveness are so close in time that it
    would be unreasonable to expect a timely reply to a request for
    permission.

    Cumulative Effect

    (i) The copying of the material is for only one course in the school in which the copies are made.
    (ii) Not more than one short poem, article, story, essay or two excerpts may be copied from the same collective work or periodical volume during one class term.
    (iii) There shall not be more than nine instances of such multiple copying for one course during one class term. [The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections for other periodicals.]

  3. Prohibitions as to I and II Above

    Notwithstanding any of the above, the following shall be prohibited:
    (A) Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or reproduced and used separately.
    (B) There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
    (C) Copying shall not: (a) substitute for the purchase of books, publisher's reprints or periodicals; (b) be directed by higher authority; (c) be repeated with respect to the same item by the same teacher from term to term.
    (D) No charge shall be made to the student beyond the actual cost of the photocopying.

    Agreed March 19, 1976.
    Ad Hoc Committee on Copyright Law Revision
    By Sheldon Elliot Steinbach
    Author-Publisher Group:
    Author League of America:
    By Irwin Karp, Counsel
    Association of American Publishers, Inc.:
    By Alexander C. Hoffman
    Chairman, Copyright Committee

    Guidelines for Educational Uses of Music

    The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of HR 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

    Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

    A. Permissible Uses

    1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.
    2. For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.
    3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
    4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.
    5. A single copy of a sound recording (such as a tape, disc, or cassette) or copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

    B. Prohibitions

    1. Copying to create or replace or substitute for anthologies, compilations or collective works.
    2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
    3. Copying for the purpose of performance, except as in A (I) above.
    4. Copying for the purpose of substituting for the purchase of music, except as in A (I) and A (2) above.
    5. Copying without inclusion of the copyright notice which appears on the printed copy.

Library Policy on Copyright

It is the intention of the Library to observe copyright law while at the same time assist faculty, staff and students in their educational pursuits. The person who copies the material or requests that copies be made takes legal responsibility for observing copyright law. The Library has developed the following guidelines to carry out the thrust of the law with the aid of OMS Spec Kit #138, University Copyright Policies in ARL Libraries (1987); Spec Kit #102, Copyright Policies in ARL Libraries (1984); Copyright Office, Library of Congress Circulars 1 (1987) and 21 (1978); "Model Policy concerning College and University Photocopying for Classrooms, Research and Library Reserve Use," College and Research Library News (April 1982).

I. Unsupervised Photocopy Equipment

  1. A sign that states copyright restrictions will continue to be placed on or near any photocopy machine available for public use. (See Appendix A for text of sign.)

II. Library Reserve

The following information will be sent to faculty members with the instructions for submitting reserve materials:

  1. The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. In accepting photocopies for reserve the library assumes that the copy or copies have been made in compliance with the "fair use" provisions of Section 107.
  2. [ The first time a faculty member requests reserve services, she/he will be asked to sign a release form that indicates she/he is aware of the copyright laws. A copy of the form will remain on file in the Faculty Reserve Services. (See Appendix B for text of sign.)]
  3. The Library will accept up to three photocopies of a journal article for course use. It is the responsibility of the faculty member to provide the photocopy(s).
  4. Unless the faculty member has obtained permission from the copyright holder, the Library expects that all multiple copies of photocopied material will be picked up by the member after the initial academic term for which it is submitted and used. This is intended to insure compliance with the copyright guidelines with respect to "spontaneity."

III. Document Delivery Service

  1. Signs will be posted at the service counter to remind users of their obligations. (See Appendix A for text of sign.)
  2. A notice of copyright restriction will be included with interlibrary loan request forms for periodical articles. (See Appendix A for text of notice.)
  3. Interlibrary Services, as a registered member of the Copyright Clearance Center, will report all periodical copying in excess of the "fair use" provision (more than 5 copies of the same journal title in any calendar year) to the Center.
  4. Photocopied materials sent to other institutions will be stamped with a notice of copyright restrictions.
  5. Unpublished materials such as theses and dissertations will not be copied by photocopying or microform reproductions without written permission of the author or other copyright owner.
  6. Theses/dissertations loaned through Interlibrary Services will contain a notice that the material may be protected by copyright law and may not be reproduced without the author's written permission.

IV. Rapid Copy Services

  1. Rapid Copy will not copy entire copyrighted books, periodicals or microforms unless permission has been obtained from the copyright holder.
  2. Consumable works such as workbooks, standardized tests, test booklets, and answer sheets will not be copied without permission of the copyright owner.
  3. Course Readers

    The following information will be sent to faculty members:

    1. The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. In accepting photocopies for reserve the library assumes that the copy or copies have been made in compliance with the "fair use" provisions of Section 107.
    2. Faculty members must seek permission from the publisher for use of copyrighted materials used as course readers. (See Appendix D for sample letter.)
    3. Faculty members must sign a statement that all materials used in the "Course Reader" meet copyright guidelines. The statement will be kept on file in Rapid Copy. (See Appendix C for sample.)
    4. Only one copy per student will be reproduced.

V. Media Access Center

  1. A notice will continue to be placed in all user stations to alert users of copyright restrictions and conditions for "fair use." (See Appendix E for text of notice.)
  2. [ When users request facilities for duplication of Media Access materials they must sign a release. This release alerts users to copyright restrictions, conditions of "fair use" and requires them to accept responsibility for duplication. (See Appendix F for text of release.)]
  3. When users request facilities for copying off-air broadcasts, they will be required to sign a release. The release advises them of copyright guidelines and requires them to accept responsibility for any duplication. (See Appendix G for text of release.)

VI. Computer Lab

  1. Signs will be placed on all computer hardware that advise users that unauthorized duplication of software is prohibited by law (See Appendix H for text of sign.)
  2. It is University practice that users who disregard copyright will be asked to leave the Computer Lab.

Please note: Items in brackets [] were added in May 1991 to indicate current Library practice. These recommendations were not ratified by the Library Management Team.

Approved by Library Directors Group: 5/18/89

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