Copyright Policy

Introduction Fair Use Guidelines:
Photocopies for Teachers Print, Music, Broadcast Television
Photocopies for Classroom Use Obtaining Permissions
Video Recordings Reserves
Off-Air Video Recordings Photocopies (General)
Music Photocopies (Guidelines)
Computer Software Bibliography


(items in bold represent the areas of most frequent questions)


WIDENER UNIVERSITY


Guidelines for the Reproduction and Use of Copyrighted Materials

Prepared by Robert E. Danford
May 2008 (rev.)

 

The Copyright Revision of 1976 redefined the terms of copyright for the first time since 1909. While the intent of the law is to protect the rights of creators and producers of intellectual property and their heirs and assignees, certain exemptions (Fair Use) have been made to facilitate the use of information in educational settings. The guidelines which follow are intended to clarify the use of the most commonly encountered forms of information on college/university campuses. [A brief bibliography of works relating to copyright which can be found in the Wolfgram Memorial Library is appended for consultation regarding more unusual circumstances.]

The Copyright Law provides copyright holders with the rights (1) to reproduce his or her work in copies, (2) the right to make derivative works from the original, (3) the right to distribute copies of the work, (4)the right to perform the work, and (5) the right to display the work. These rights cannot be abridged by users, educational or otherwise. Also, copyright is "format independent," meaning that the format of the copyrighted work (print, video, music, electronic data, etc.) has no effect upon the rights of the copyright holder and affords no special liberties to users.

Copyright is vested in the creator for his or her life plus 70 years. Works for hire, i.e., materials prepared by employees in the course of their occupation, are protected by the law for 90 years from the publication date or 120 years from creation, whichever is shorter. The employer is usually the copyright owner. Because copyright is a property right, these rights can be transferred in a variety of methods, including inheritance; it is the responsibility of the user of intellectual property to ascertain the valid holder of copyright and to adhere to the copyright law.

Although compliance with the provisions of the law is mandatory, Fair Use Guidelines provide for a certain amount of individual discretion in the use of copyrighted material. Students, for example, are generally accorded wide latitude in the use of materials for class projects, assignments, papers, etc. because their creations are private, are not for sale, are not publicly performed, and do not harm the potential market value of the work. Teachers may copy a wide variety of material for use in the classroom and to assist in research. At the same time, the law protects the copyright holder by prohibiting copying which harms the potential market of the work, i.e., to substitute for anthologies or to substitute for workbooks. It should also be noted that the University may have contracts with industry organizations which determine certain rights and responsibilities with regard to some forms of copyrighted material (ASCAP/BMI for music; theatrical agencies for dramatic works).

It is helpful to remember that copyright is intended to encourage the production of works of intellect and to protect the rights and the markets of those who create such products, hence the two tests of spontaneity and market reduction that are applied in the agreements which are appended to these guidelines. Two common violations of the spirit and the letter of the copyright law are repeated invocation of "Fair Use" re an item or an author (including repeated cases of poor planning which violate the test of "spontaneity"), and the local compilation of anthologies to avoid the purchase of commercially available anthologies.

These guidelines are meant to facilitate the use of information on campus. They are drawn from the materials listed in the bibliography and are current as of May 2008, and do not constitute legal advice. The guidelines regarding Fair Use may change as legislation and litigation further refine the law and define acceptable practice, especially in relation to multi-media and digital storage and transmission of graphics and text.

An individual may, of course, determine whether or not his or her application of the copyright law and "Fair Use" is valid and may act appropriately, assuming all responsibility for compliance and all liability for infringement. University service units (the Copy Center, Instructional Media Services (IMS), Instructional Technology Services (ITS), the Library, etc.) are liable for any reproduction which they carry out and reserve the right to question, to defer, to refuse requests for service which appear to violate copyright and, therefore, place the University at risk of infringing the copyright law. Such questions will be referred immediately to the administrator in charge of that particular service unit.

 

SINGLE COPIES OF PRINTED MATERIAL FOR TEACHERS

Most copying by individuals for their own use, or by the institution at the request of the instructor for the instructor's personal use, is permissible as a means of facilitating research and as a means of assisting in preparation for teaching.

 

The following are permissible:

  1. A chapter from a book
  2. A periodical or newspaper article
  3. A short story, essay or poem
  4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

PHOTOCOPIES OF PRINTED MATERIAL FOR CLASSROOM USE

Instructors may copy for classroom use copyrighted materials without prior permission under the following conditions:

  1. The material is not copied and distributed repeatedly.
  2. Only one copy is distributed to each student and the copy becomes the student's property.
  3. The copyright statement is prominently displayed. (See below).
  4. Students are not assessed any fee beyond the actual photocopy charge.

Additionally it is generally accepted that articles of fewer than 2,500 words in length may be copied, but excerpts of works exceeding 2,500 words in length should not exceed 1,000 words or 10 percent of the work. Short poems of less than 250 words may be copied.

Instructors may not impose a detrimental effect upon the market for a copyrighted work by copying a piece repeatedly for one course, for several courses, or by repeatedly copying excerpts from one periodical or author without permission.


SPECIAL NOTE: Photographic slides of art works (including photographs):

Photographs of art works included in books and journals are protected by copyright. Even though the work of art itself may be considered in the "public domain", its representation in any other format is protected by copyright.

The production of photographic slides of illustrations found in books and journals owned by the University is permissible, provided:

  1. That the slide is used for instructional purposes in the classroom.
  2. That the slide is not used off campus.
  3. That the slide reproduction not find its way into a publication.

 

We are currently allowed to maintain a library of slide reproductions provided we adhere to the above conditions.

 

NOTICE: THIS MATERIAL MAY BE
PROTECTED BY COPYRIGHT LAW
(TITLE 17 U.S. CODE)

 

VIDEO RECORDINGS


Videotapes may be used in classes under the following conditions:

  1. The viewing is a regular part of the course.
  2. The viewing is limited to the members of the class.
  3. The instructor is present for the viewing.
  4. There is no external publicity.
  5. The tape is not presented via a cable network.

*Rented or purchased videotapes my not be copied for any purpose.


SPECIAL NOTE 1: Video tapes or DVD's rented from commercial video rental concerns (Blockbuster, Hollywood, West Coast Video, etc.) are licensed for "Home Use Only" and are not to be used in the classroom. IMS can rent these materials with appropriate viewing privileges provided proper notice is given.


SPECIAL NOTE 2: Video Recording of Dramatic Performances -- the rights to produce and perform plays, musicals, and other dramatic and theatrical works are specifically detailed by theatrical agencies which license all productions not in the public domain. The rights to videotape such performances must be negotiated along with the rights to produce the work. Without specific permission, one may not videotape a performance or a dress rehearsal of a play for any reason (archival purposes, for a personal record, for a memento, etc.)


OFF-AIR RECORDING OF BROADCAST TELEVISION

Broadcast television programs (i.e., simultaneous broadcast and simultaneous retransmission via cable system free of additional subscription charge) may be copied and used in classes under the following conditions:

  1. The videotape is used within 10 working days following the original broadcast.
  2. The viewing is a regular part of the course.
  3. The viewing is limited to the members of the class.
  4. The instructor is present for the viewing.
  5. There is no external publicity.
  6. The tape is not presented via a cable network.

Material taped off-air may be retained for a period of 45 calendar days following the original broadcast to allow for teacher evaluation (to determine whether one wants to retain the copy) and to allow for payment of fees and copyright compliance should retention be desired. Following that period, the tape must be erased.

The University may not copy programs in the expectation or hopes that instructors may feel the programs useful in the future.

Programs available via pay television services (HBO, Showtime, etc.) may not be copied and used in the classroom.

"Personal" copies, i.e., programs copied by an instructor at home, may be used only if they adhere to the above conditions.

 

MUSIC


Printed music may be copied in the following cases:

  1. Copies may be made to facilitate imminent performances provided a sufficient number of purchases copies replace the emergency copies in a reasonable time.
  2. Excepts of works may be made for academic purposes provided the excerpts do not comprise a performable unit, the excerpts are no more than 10 percent of the whole, and no more than one copy per student is made.
  3. Printed copies may be edited or simplified provided the fundamental character of the work is not distorted.
  4. A single copy of recordings of performances by students may be made for evaluation and/or rehearsal purposes.
  5. A single copy of a sound recording of copyrighted music made from items owned by the institution may be made by an individual teacher for instructional or examination purposes. (This pertains only to the music, not to any copyright which may pertain to the sound recording.)

One may not:

  1. Copy to create or replace or substitute for anthologies or other collective works.
  2. Copy workbooks, exercises, tests, etc.
  3. Copy for the purpose of performance.
  4. Copy to substitute for the purchase of music.
  5. Copy without inclusion of the copyright notice which appears on the original.

Use of recorded music is governed by ASCAP/BMI contracts, allowing the use and broadcast of recorded music (non-dramatic musical compositions) by faculty, staff and students, on campus under the auspices of and for the benefit of Widener University.


COMPUTER SOFTWARE

Computer software enjoys the same copyright protection as other forms of intellectual property. When one buys computer software, one agrees to abide by the conditions and restrictions of the license agreements which accompany the software. Generally speaking:

  1. One copy of a program may be made for archival purposes (to allow protection of the purchaser's investment if the original is damaged).
  2. The backup, archival copy may not be used unless the original fails or is destroyed.
  3. One may not alter the software.
  4. One may not decompile (reverse-engineer) the software without written permission.
  5. One may not develop new works based upon the original software without permission.
  6. Libraries and other non-profit educational institutions may loan software.
  7. Software that is not "copy-protected" may not be copied without permission of the copyright holder (i.e., lack of copy protection does not constitute permission to copy).
  8. Software used by Widener University ITS is covered by a variety of licensing agreements. No software may be copied from the computer system or network. Questions about the use of computer software may be directed to the Computer Center which has the details of licensing agreements.
  9. If a faculty member wants a copy of a specific software program installed multimedia classroom instructor's unit, he or she should make arrangements with IMS.

Widener University is a member of EDUCOM, a national consortium of educational institutions, which is designed to promote effective and ethical use of computing resources in the academic community.


THE EDUCOM CODE

Software and Intellectual Rights

 

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.

 

Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.

 

From Using Software: A Guide to the Ethical and Legal Use of Software for members of the Academic Community.
(Washington, D.C., EDUCOM, 1992)

 

FAIR USE GUIDELINES
(For a brief outline see Copyright Clearance Center Fair Use Check List at http://www.copyright.com/Services/copyrightoncampus/basics/fairuse_list.html)

 

PRINT MATERIALS


I. 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 or preparation to teach a class:

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

II. 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 sue for discussion: provided that:


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

 

DEFINITIONS:


Brevity:

i. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or (b) from a longer poem, an excerpt of not more than 250 words.

ii. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is less, but in any event a minimum of 500 words.
(Each of the numerical limits state 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 percent 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 author, nor more than three 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 once class term. (The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

III. 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 therefor 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, publishers' 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 Elliott Steinbach.
Author-Publisher Group:
Authors League of America:
By Irwin Karp, Counsel.
Association of American Publishers, Inc.:
By Alexander C. Offman,
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 H.R. 2223. The parties agree that the conditions determining the extend 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) of 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(1) above.

4. Copying for the purpose of substituting for the purchase of music, except as in A(1) and A(2) above.

5. Copying without inclusion of the copyright notice which appears on the printed copy.

_______________
* Corrected from Congressional Record.
** Editor's Note: As reprinted in the House Report, subsection !.2 of the Music Guidelines had consisted of two separate paragraphs, one dealing with multiple copies and a second dealing with single copies. In his introductory remarks during the House debates on S.22, the Chairman of the House Judiciary Subcommittee, Mr. Kastenmeir, announced that "the report, as printed, does not reflect a subsequent change in the joint guidelines which was described in a subsequent letter to me from a representative of [the signatory organizations]," and provided the revised text of subsection A.2. (122 Cong. Rec. H. 10875, Sept. 22, 1976). The text reprinted here is the revised test.

GUIDELINES FOR OFF-AIR RECORDING OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES

The following guidelines reflect the Negotiating Committee's consensus as to the application of "fair use" to the recording, retention and use of television broadcast programs for educational purposes. They specify periods of retention and use of such off-air recordings in classrooms and similar places devoted to instruction and for homebound instruction. The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs.

1. The guidelines were developed to apply only to off-air recording by non-profit educational institutions.

2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs," are television programs transmitted by television stations for reception by the general public without charge.

3. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. "School days" are school session days - not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions-within the forty-five (45) calendar day retention period.

4. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off- air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

6. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

7. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

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

9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Negotiating Committee representing 19 organizations of Television and Motion Picture writers, directors, actors, broadcast networks, educational and library associations.

 

PERMISSION LETTER

A. How to Obtain Permission

When a proposed use of photocopied material requires a faculty member to request permission, communication of complete and accurate information to the copyright owner will facilitate the request. The Association of American Publishers suggests that the following information be included to expedite the process.

  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 material;
  3. Number of copies to be made;
  4. Use to be made of duplicated materials;
  5. Form of distribution (classroom, newsletter, etc.);
  6. Whether or not the material is to be sold;
  7. Type of reprint (ditto, photocopy, offset, typeset).

The request should be sent, together with a 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 obtained from The Literary Marketplace (for books) or Ulrich's International Periodicals (for journals), both published by the R. R. Bowker Company. For purposes of proof, and to define the scope of the permission, it is important that the permission be in writing.

The process of considering permission requests requires time for the publisher to check the status and ownership of rights and related matters, and to evaluate the request. It is advisable, therefore, to allow sufficient lead time. In some instances the publisher may assess a fee for permission, which may be passed on to students who receive copies of the photocopied material.


NOTE: For permission to copy/change format (VHS to DVD, slides to CD-Rom, etc.) of video materials, please contact MMCS (Multimedia and Classroom Support at 610-499-4090 or 610-499-4076).


The following is a sample letter to a copyright owner (usually a publisher) requesting permission to copy:

 

Material Permissions Department
Hypothetical Book Company
500 East Avenue
Chicago, IL 60601

Dear Sir/Madam:

I would like permission to copy the following for use in my class next semester:

Title: Knowledge is Good, Second Edition
Copyright: Hypothetical Book Co., 1965, 1971
Author: Frances Jones
Material to be duplicated: Chapter 10 (photocopy enclosed).
Number of copies: 50
Distribution: The material will be distributed to students in my class and they will pay only the cost of the photocopying.
Type of reprint: Photocopy
Use: The chapter will be used as supplementary teaching materials.

I have enclosed a self-addressed envelope for your convenience in replying to this request.

Sincerely,

 

WOLFGRAM MEMORIAL LIBRARY
Widener University


PHOTOCOPIES, RESERVES, AND COPYRIGHT

After evaluating the responsibilities which the Library must meet regarding the copyright laws, we are making certain changes in the way in which we handle photocopies which should provide better service to our faculty and students while adhering to current practice in academic libraries. The copyright laws were designed to protect the owners and creators of intellectual property, but certain exemptions have been allowed to meet the legitimate needs of educators. These exemptions are based upon brevity (not photocopying works in their entirety), spontaneity (allowing teachers to supplement new or unanticipated course directions or to make use of recently-published material), and immediacy (being able to make use of materials in a timely or opportune fashion).


One-time Reserves: At the request of a faculty member, Library staff may place on reserve excerpts from copyrighted works in the Library's collection in accordance with guidelines similar to those governing formal face-to-face classroom distribution. These guidelines apply to the Library reserve shelf to the extent it functions as an extension of classroom readings or reflect an individual student's right to photocopy, under the doctrine of "fair use." The Library will allow photocopied materials to be placed on reserve for the educational use of Widener University students educational activities such as advanced independent study and research. First-time use of photocopies is considered fair use and will not require copyright permission. Any photocopied article, book chapter, or poem placed on reserve for the second time will require permission from the copyright holder. Requests for placing multiple copies on reserve, however, should meet the following guidelines:

  1. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter, and level. 17 U.S.C. 107(1) and (3).
  2. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same materials, 17 U.S.C. 107(1) and (3). No more than five copies is generally considered reasonable.
  3. The effect of photocopying the material should not be detrimental to the market for the work (in general the library should own at least one copy of the work) 17 U.S.C. 107(4).
  4. The material should contain a notice of copyright, see 17 U.S.C. 401.

Following the above guidelines should enable the Library to place on reserve a sufficient number of photocopies to serve our students without having to resort to extraordinary measures to secure permission from copyright owners. We can, of course, continue our practice of placing materials on reserve even as we seek any necessary permission if we judge that there is insufficient time to receive permission before the material needs to be read.

The Library is obligated to adhere to any conditions which the copyright owner imposes in reply to our request for permission, including denial of the request, payment of any fees, limitations on the number of copies or the number of times something may be placed on reserve, etc.

Personal photocopies supplied by the faculty member must adhere to the above guidelines.


Repeated Reserves: If a faculty member wishes to place on reserve one or more photocopies of an item for more than one course (not section) or for successive terms or in successive years, advance permission is required as the conditions of spontaneity and immediacy are not in effect.

 

WOLFGRAM MEMORIAL LIBRARY
Widener University

Guidelines for Reserves re: Photocopies & Copyright

Single photocopies, one time--no problem.

Multiple photocopies, one time--no problem:

  • No more than five (5) copies
  • There must be a good reason for more than two or three copies:
    -- very large class
    -- and very short time for something to be read
    -- Professor is responsible for making multiple copies

Single photocopies or multiple photocopies, more than once--Permission Needed.

  • Same professor, more than one course
  • Same professor, more than one term
  • Same professor, more than one year

All photocopies must carry the copyright stamp.

Personal photocopies follow the above guidelines. We will assume that personal copies are lawfully made.

Reprints and preprints are handled as if they were monographs; they are, in effect, separately published editions of articles and can be handled in the same manner as purchased books.

If advance notice of a professor's intent to place materials on reserve repeatedly is given to the library, it is sometimes possible for use to purchase a copy of the book or article to facilitate handling of reserves.

The Library normally obtains copyright permissions from the Copyright Clearance Center, but anthologies of many short articles and news items produced by a variety of authors and requiring extensive research and correspondence place a very real burden upon library
staff and finances. Alternative readings or assistance in obtaining permissions may be necessary to meet the professor's objectives. The requester may be requested to obtain permission.

Publishers vary tremendously in their willingness to provide permission for reserve use. Most British publishers, for example, routinely deny requests for reserves, impose fees of $25.00 or more, and generally allow only one copy for one term. Some professional associations (e.g., the American Sociological Assn.) provide blanket permission as do some university presses (Duke, Columbia). Other presses (Indiana, U. of Washington, Scarecrow, Jossey, Bass) impose fees ($5.00-$25.00) and restrictions (number of copies and number of times on reserve). The Harvard Business Review absolutely denies permission to copy any articles from that journal and Jones & Bartlett, publisher of The Nation's Health, charges $150.00 per article.

The Interlibrary Loan Code, which governs the process of ILL, prohibits the placing of books obtained through ILL on reserve. Similarly, materials checked out from one library may not be placed on reserve in another.

For questions or concerns regarding reserves, please contact Joanne Hahn at (610) 499-4071.

 

BIBLIOGRAPHY

Selected Citations for Readings on Copyright

Crews, Kenneth D. Copyright law for librarians and educators : creative strategies and practical solutions. Chicago: American Library Association, 2006.
(M REFERENCE KF2995.C74 2006)

Fishman, Stephen. The Copyright Handbook: How to Protect and Use Written Works. 4th ed. Berkeley: Nolo Press, 1997. (M REFERENCE KF2995 .F53 1997)

Lipinski, Tomas A. The complete copyright liability handbook for librarians and educators. New York : Neal-Schuman Publishers, c2006. (M REFERENCE KF3080 .L57 2006).

Talab, R.S. Commonsense Copyright: A Guide to the New Technologies. Jefferson, N.C. and London: McFarland, 1986. (M KF 2994 .T36 1986)


Government Publications

Library of Congress. U.S. Copyright Office. http://www.copyright.gov.
U.S. Library of Congress. Copyright Office. Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, 1995.

U.S. Library of Congress. Copyright Office. Circular 92: Copyright Law of the United States of America. 1996.

U.S. Library of Congress. Copyright Office. [Forms] (Forms for registration of copyright with the Library of Congress Copyright Office.)


Articles at World Wide Web Sites and in print

Band, Jonathan. "The Digital Millennium Copyright Act."
http://www.arl.org/info/frn/copy/band.html

Buttler, D.K. "CONFU-sed: Security, safe harbors, and fair-use guidelines," Journal of the American Society for Information Science, 1999, v. 50 no. 14 pp. 1308-1312.

Crews, Kenneth D. Copyright Law and Graduate Research New Media, New Rights, and Your New Dissertation. Ann Arbor, MI UMI Company, 1996.
http://www.umi.com/hp/Support/DServices/copyrght/

Crews, Kenneth D. "Fair Use: Overview and Meaning for Higher Education," 2000.
http://www.copyright.iupui.edu/highered.htm

Field, Thomas G., Jr. "Copyright in Visual Arts." Concord, NH Franklin Pierce Law Center, 1998.
http://www.fplc.edu/tfield/CopyVis.htm

U.S. Copyright Office, "Report on Copyright and Distance Education," May 1999.
http://www.loc.gov/copyright/docs/
This report requires an Acrobat Reader, available on the Library of Congress site.

U.S. Copyright Office, Reproduction of Copyrighted Works by Educators and Librarians, Circular 21 Dec. 27, 1995.
http://lcweb.loc.gov/copyright/circs/circ21.pdf
This report requires an Acrobat Reader, available on the Library of Congress site.

"Will We Need Fair Use in the 21st Century?" c1997.
http://www.utsystem.edu/ogc/intellectualproperty/fair_use.htm

"Copyright and Intellectual Property." Washington, D.C.: Association of Research Libraries.
http://www.arl.org/info/frn/copy/copytoc.html

"Copyright and Fair Use." Stanford University Libraries.
http://fairuse.stanford.edu

"Copyright Information Resources." University of Michigan.
http://www.copyright.umich.edu/


Organizations

Association of College and Research Libraries

Association for College and Research Libraries Copyright Committee Web Pages reflect the committee's charge: "To elicit the concerns of ACRL members on copyright and to gather information about copyright issues that impinge upon academic libraries; to bring before the ACRL Board issues and problems that may require legal action or interpretation on the part of ACRL; to represent ACRL when necessary in forums about copyright; to work with and appoint liaisons to ACRL Government Relations Committee, ALA's Copyright Subcommittee [now Intellectual Property Subcommittee] and when appropriate, other library or education copyright organizations." http://www.ala.org/ala/acrlbucket/copyrightcommitt/copyrightcommittee.cfm


American Library Association

ALA Copyright and Intellectual Property pages describe ALA offices and groups regarding intellectual property and copyright. The pages provide position statements and ALA involvement in legislation as well as links to discussion of issues and policies.
http://www.ala.org/ala/washoff/woissues/copyrightb/copyright.cfm


Association of Research Libraries

Copyright and Intellectual Property Policies
http://www.arl.org/pp/ppcopyright/index.shtml


Conference on Fair Use (CONFU)

The Conference on Fair Use final report and discussion of guidelines are available on this page, created by the Association of Research Libraries.
www.arl.org/bm~doc/confufinalreport.pdf

The CONFU interim reports and final report plus miscellaneous texts are located on the U.S. Patent and Trademark Office: CONFU page, also containing the "White Paper Report: The Report of the Working Group on Intellectual Property Rights."
http://www.uspto.gov/web/offices/dcom/olia/confu/


Consortium for Educational Technology for University Systems (C.E.T.U.S.)

Their pages provide a very full discussion for faculty and students who want to know how to tell if their use is fair use. These pages contain the four fair use factors.
http://www.cetus.org/fair5.html

An index to the full discussion is on this page of the C.E.T.U.S. site.
http://www.cetus.org/fairindex.html


Special Committee on Distance Learning and Intellectual Property Issues

American Association of University Professors pages regarding the Special Committee's statements, May/June 1999.
http://www.aaup.org/spcintro.htm