Copyright compliance

Subject: Copyright Compliance
Contact: Ron Wheeler
Effective Date: August 2000
Purpose: To clarify U.S. law regarding copyright restrictions that apply to library materials
Scope: This policy applies to the entire Marygrove College community.

Statement of Policy

INTRODUCTION

It is the intent of Marygrove College Library that all members of the college community adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.). The following policy statements and guidelines constitute a manual for anyone at the College who wishes to reproduce works that are protected by copyright, or anyone wishing to place protected works on reserve in the library. Since copyright protection applies to a variety of creative works - printed materials, sound recordings, video recordings, visual artworks, computer software, and others - the manual has been constructed to address issues related to particular types of media.

Members of the College community who willfully disregard the copyright policy do so at their own risk and assume all liability.

WHAT IS COPYRIGHT?

Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well known symbol of the encircled "c". Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright exclusive right to do and to authorize others to do the following:

1. Reproduce copies of a work.
2. Prepare derivative works based on the copyrighted work.
3. Distribute copies of the work by sale, rental, lease or lending.
4. Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).
5. Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work - including the individual images of a film - or a pantomime).

The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to both "Fair Use" limitations, which apply to all media, and medium-specific limitations.

FAIR USE

The doctrine of fair use, embedded in section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors:

1. The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. This factor at first seems reassuring; but unfortunately for educators, several courts have held that absence of financial gain is insufficient for a finding of fair use.

2. The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or newsmagazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom consumption is less likely to be a fair use than is the duplication of materials prepared for public consumption. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper.

3. The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of 1) the proportion of the larger work that is copied and used, and 2) the significance of the copied portion.

4. The effect of the 4 use on the potential market of the copyrighted work. This factor is regarded… as the most critical one in determining fair use; and it serves as the basic principle from which the other three factors are derived and to which they are related. If the reproduction of a copyrighted work reduces the potential market and sales and , therefore, the potential profits of the copyright owner, that use is unlikely to be found a fair use.

PERMISSION FOR COPYING IN EXCESS OF FAIR USE

Marygrove College participates in contractual arrangements mandating royalty payments or licensing fees to copyright owners whenever feasible. Nevertheless, it often falls to the individual scholar to obtain written permission from the copyright owner to copy a large portion of a work or an entire work, or to produce multiple copies of chapters or periodical articles. Contact the Copyright Clearance Center for help with the permission process.

COPYRIGHT POLICY
PHOTOCOPYING

The quotation below is taken from Section 108 of the Digital Millennium Copyright Act of 1998. The text of the policy is the product of the U.S. House Judiciary Committee report, Conference Report on General Revision of the Copyright Law 94-553, of September 29, 1976:

"The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be 'used for any purpose other than private study, scholarship, or research.' If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of 'fair use,' that user may be liable for copyright infringement."

COPYRIGHT POLICY
CIRCULATION PRINT RESERVES

I. Circulation Reserve Compliance Guidelines

A. The Marygrove College Library operates on the understanding that the guidelines for classroom copying established by the Ad-Hoc Committee on Copyright Law Revision which govern formal distribution for classroom teaching apply to Library Reserve Services. The Reserve Service functions as an extension of classroom reading and/or reflects an individual student's right to photocopy copyrighted materials for personal use under the doctrine of "Fair Use". (See Appendix A - Ad-Hoc committee on Copyright Law Revision)

B. No more than 1 copy of a photocopied article per 12 students may be placed on reserve. (Fair Use)

C. No more than 2 chapters from a book or two articles from the same periodical volume may be placed on reserve during any academic term. (Cumulative Effect)

D. Not more than 1 short poem, article, story, essay, or 2 excerpts from any author may be placed on Reserve during any academic term. (Cumulative Effect)

E. There shall not be more than 9 instances of multiple copying per course during one class term. (Cumulative effect)

F. Photocopies of copyrighted materials may not be retained on reserve more than a single term for any member of the faculty unless the faculty member provides the library with copyright holders permission statement agreeing to permit reproduction and distribution of copies in this fashion or that such reproduction and distribution conforms with the copyright law. (Cumulative Effect)

G. Photocopies of consumable works (ex. Workbooks, standardized tests, answer sheets, etc.) may not be placed on reserve. (Fair Use)

H. Copying for reserves shall not be directed by higher authority such as deans or department heads. (Fair Use)

I. Unauthorized copying may not be used to create, replace or substitute for anthologies whether or not they are bound together or provided separately. (Cumulative Effect)

J. Photocopies of out of print materials unless in public domain may not be placed on Reserve. (Fair Use)

II. Guidelines permitting multiple copies for Classroom/Reserves Use

A. Multiple copies (not to exceed [in any event for classroom use or discussion] more than one copy per pupil in a course) may be made by or for the instructor conducting the course provided that:

1. The copying meets the tests of brevity and spontaneity; and
2. Meets the cumulative effect test; and
3. Each copy includes a notice of copyright.
(See Appendix A for explanation of how to determine if these tests are met.)

III. General Information

A. Faculty members will be required to obtain copyright approval before asking the library to place materials on reserve.

B. All copies of copyright permission forms submitted by faculty will be maintained by the Circulation paraprofessional staff. The staff will remove from Reserves any item which has expired permission dates. These items will be returned to the faculty member.

C. The Marygrove College Library reserves the right to refuse to place on reserve any materials that, in the judgment of the director, violate copyright law.

COPYRIGHT POLICY
AUDIO/VISUAL MATERIALS

FILMS AND VIDEO
CLASSROOM USE

Possession of a film or video does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances under which a film or video may be "performed". For example, videocassettes from a video rental outlet usually bear a label that specifies "Home Use Only". However, whatever their labeling or licensing, use of these media is permitted in an educational institution so long as certain conditions are met.

Section 110 (1) of the Copyright Act of 1976 specifies that the following is permitted:

Performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images is given by means of a copy that was not lawfully made…and that the person responsible for the performance knew or had reason to believe was not lawfully made.

Additional text of the Copyright Act and portions of the House Report (94-1476) combine to provide the following, more detailed list of conditions:

- They must be shown as part of the instructional program.
- They must be shown by students, instructors, or guest lecturers.
- They must be shown either in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction.
- They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.
- They must be shown only to students and educators.
- They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included.

Further, the relationship between that film or video and the course must be explicit. Films or videos, even in a "face-to-face" classroom setting, may not be used for entertainment or recreation, whatever the work's intellectual content.

Copying Videotapes / Off-Air Recordings of Broadcasts, Including Satellite TV

Copying videotapes without the copyright owner's permission is illegal. An exception is made for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price [Section 108 of the Copyright Act of 1976].

Licenses may be obtained for copying and off-air recording. Absent a formal agreement, "Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes", an official part of the Copyright Act's legislative history, applies to most off-air recording [from Virginia M. Helms].

1. Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time tapes must be erased.

2. Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.

3. Off-air recordings must be made only at the request of an individual instructor for instructional purposes, not by staff in anticipation of later requests.

4. The recordings are to be shown to students no more than two times during the 10-day period, and the second time only for necessary instructional reinforcement.

5. The taped recordings may be viewed after the 10-day period only by instructors for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.

6. If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need; all copies are subject to the same restrictions as the original recording.

7. The off-air recordings may not be physically or electronically altered or combined with others to form anthologies, but they need not necessarily be used or shown in their entirety.

8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

9. These guidelines apply only to nonprofit educational institutions, which are further expected to establish appropriate control procedures to maintain the integrity of their guidelines.

Certain public broadcasting services (Public Broadcasting Service, Public Television Library, Great Plains National Instructional Television Library, and Agency for Instructional Television) impose similar restrictions but limit use to only the seven-day period following local broadcast [Virginia Helms].

APPENDIX A

GUIDELINES FOR CLASSROOM COPYING IN NOT-FOR-PROFIT EDUCATIONAL INSTITUTIONS WITH RESPECT TO BOOKS AND PERIODICALS

I. SINGLE COPYING FOR TEACHERS (West's Education Law Reporter, v.51 N, April, 1989)

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 or preparation to teach a class:

- A chapter from a book;
- An article from a periodical or newspaper;
- A short story, short essay or short poem, whether or not from a collective work;
- A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

II. MULTIPLE COPIES FOR CLASSROOM USE

A. Multiple copies (not to exceed [in any event for classroom use or discussion] more than one copy per pupil in a course) may be made by or for the instructor conducting the course provided that:

- The copying meets the tests of brevity and spontaneity; and
- Meets the cumulative effects test; and
- Each copy includes a notice of copyright.

III. DEFINITIONS

A. Brevity

1. Poetry: A complete poem if less than 250 words and if printed on not more than 2 pages. From a longer poem, an excerpt of not more than 250 words.

2. Prose: Either a complete article, story or essay of less than 2,500 words, or an excerpt from any prose of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. (Each of the numerical limits stated in "1" and "2" above may be expanded to permit the completion of an unfinished prose paragraph.)

3. Illustration: One chart, diagram, drawing, cartoon, or picture per book or per periodical issue.

4. "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 "I" above not withstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such work and containing not more than 10% of the words found in the text thereof may be reproduced.

B. Spontaneity

1. The copying is at the instance and inspiration of the individual instructor; and

2. 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 timely reply to a request for permission to photocopy.

C. Cumulative Effect

1. The copying of the material is for only one course in the school in which the copies are made.

2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than 3 from the same collective work or periodical volume during one class term.

3. There shall not be more than 9 instances of such multiple copying for 1 course during 1 class term.

IV. 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 to substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom 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:

- Substitute for the purchase of books, publishers reprints, or periodicals;
- Be directed by a higher authority (like a vice-president or a senior administrator);
- Be repeated with respect to the same item by the same teacher from term to term.

D. No charge shall be make to the student beyond the actual cost of the photocopying.

Agreed March 19, 1976.

Ad Hoc Committed on Copyright law Revision:
By Sheldon Elliott Steinbach.
Author-Publisher Group
Authors League of America
By Irwin Karp, Counsel
Association of American Publishers, Inc.
By Alexander C. Hoffman
Chairman, Copyright Committee

The guidelines are presented in their entirety and are taken from, "Reproduction of Copyrighted Works by Educators and Librarians: Circular R21" (1982), Copyright Office: Library of Congress, Washington, D.C.

APPENDIX B

How to Obtain Permission:

A. When requesting permission to photocopy materials, the American Association of Publishers suggests the following information be included in your request:

1. Title, author and/or editor, and edition of materials to be duplicated.
2. Exact material to be used, giving amount, page numbers, chapters and if possible, a photocopy of the materials
3. Number of copies to be made
4. Use to be made of duplicated materials.
5. Form of distribution (classroom, library reserves, etc.)
6. If reprint will be sold or distributed free to the students.
7. Type of reprint (photocopy, tape, etc.)

B. The request should be sent, with a stamped, self-addressed return envelope, to the Permissions Department of the publisher in question. If the address of the publisher does not appear at the front of the material, it may be readily obtained in materials located in the library.

C. It is advisable to seek permission early, one shouldn't wait until the last minute. The process of granting permission requires time for the publisher to check the status of the copyright and to evaluate the nature of the request.

D. In some instances, the publisher may assess a fee for permission. It is not inappropriate to pass this fee on to the students who receive copies of the photocopied material.

E. The Copyright Clearance Center (CCC) also has the right to grant permission and collect fees for photocopying rights for certain publications. Faculty may copy from any journal which is registered with the CCC and report the copying beyond fair use to the CCC and pay the set fee. A list of publications for which the CCC handles fees and permissions is available from the CCC, 310 Madison Ave., New York, NY 10017.

Date created: April 10, 2000
Date of latest revision: August 10, 2000

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