FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT

This list of FAQ has been compiled as a quick reference guide to help answer some of the most common questions regarding copyright that arise in our college community. It should not be used as a substitute for familiarity with the Copyright Policy Handbook, which presents Albion College’s official guidelines for interpreting copyright laws. Even the Handbook is far too brief to encompass the law and cannot be considered the last word on complex questions where the laws are open to interpretation and legal counsel is advisable. For a complete copy of the Copyright Policy Handbook, please go to http://www.albion.edu/library/Copyright/main.htm.

	For what length of time is a work protected by copyright?
	Although the length of time varies depending on the law in effect at the date of creation and/or publication, the average term of protection is the life of the creator plus 70 years.

	Is official registration necessary for a work to be protected by copyright?
	No.

	If I photocopy printed materials, including materials on Library reserve, for purposes of research, scholarship, or teaching, isn’t that always "fair use"?
	Not necessarily. To determine fair use, you need to consider four guidelines: the purpose and character of the use; the nature of the copyrighted work, especially the distinction between a creative work and an informational work; the amount, substantiality, or portion used in relation to the work as a whole; the effect of the use on the potential market for the work. These four criteria are explained in more detail in Appendix B of the Copyright Policy Manual.

	May I use excerpts from a pre-existing anthology or from various works and authors to create a compilation of readings for my course?
	It is necessary to obtain permission from the copyright owner to create an anthology from pre-existing works. Information on creating course packs may be obtained at the bookstore.

	May I distribute photocopies of a current news article to students in my course?
	Yes, provided that each copy includes a notice of copyright; the copying is for only one course; the copying meets the tests of brevity (for a complete article, less than 2,500 words) and spontaneity (the 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). Appendix B of the Copyright Policy Handbook explains the guidelines for classroom copying in greater detail.

	May I keep the same photocopies I had on reserve for the fall semester on reserve for the same class taught the following fall semester?
	Only if permission has been obtained from the copyright owner may you use the same materials.

	Are photographs protected by copyright?
	Yes.

	May I use excerpts of copyrighted videos, music CDs, photographs, etc., in a multimedia presentation developed for classroom instruction, and may my students do so in a multimedia project assignment?
	Very small amounts of copyrighted multimedia may be used in a multimedia presentation for classroom use, for a limited amount of time. For example, up to 10% but in no event more than 30 seconds of the music and lyrics from an individual musical work may be incorporated, and no more than five images by an artist or photographer may be reproduced. Appendix E of the Copyright Policy Manual spells out limitations on time, portion, copying and distribution that apply under fair use guidelines.

	Is it permissible to purchase or rent a film from the local video store and use it in a class?
	Tapes from a video store are labeled "Home Use Only," indicating a licensing agreement with the copyright holder. Nevertheless, use of such tapes in a face-to-face teaching situation is considered fair use. Tapes marked "Home Use Only" may also be placed on reserve and viewed in the Video Lab if they are used strictly for instructional purposes and not entertainment.

	May an auditorium or other large space be used to show a video labeled "Home Use Only" to a class?
	Yes, so long as the performance is not open to the public and is for an instructional purpose within the structure of the course. Use for entertainment is prohibited.

	May I put a video on reserve for students to view in the Library?
	The Library has a limited licensing agreement with the Motion Picture Licensing Corporation which would permit in-library viewing of videos covered by MPLC.

	Is it permissible to make a copy of a rental video in order to use it again later?
	No. Such copying would infringe on the rights licensed to the rental agency.

	Is it permissible to tape broadcast programming for educational purposes and put this non-professionally recorded video on reserve?
	Off-air recording of broadcast programming for educational purposes is subject to guidelines which specify allowable retention periods and uses. An instructor has only the first ten consecutive school days within the allowed 45-day retention period to use such a tape for instructional purposes.

	May a college-owned video be copied for Reserves?
	Only when permission has been obtained from the copyright owner.

	Is it permissible to record performances, commencement exercises, etc., and sell the videos at cost to parents, students, and so on?
	Before recording and making multiple copies of any "performance," written permission must have been secured in advance by the organizer of the program from speakers, musical performers, arrangers, and other copyright holders, and be on file. The only exception to the need for obtaining prior written permission is videotaping for viewing in the classroom as part of a syllabus.

	May a videotape copy be made of a film that is out of print and deteriorating rapidly?
	Only with the permission of the copyright owner.

	Is it permissible to incorporate a trademark into my web site or multimedia presentation?
	Although trademarks fall outside the copyright laws, they are protected under federal law, and they may also be protected under state laws. Distinctive names, logos, symbols, and slogans that identify a product or service in the marketplace can qualify as trademarks. So can distinctive features of movies, television or radio programs, and companies such as Disney have aggressively litigated cases involving unauthorized use of trademarks.
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