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COPYRIGHT POLICY OF ALBION COLLEGE MATERIALS IN THE PUBLIC DOMAIN STUDENT USE OF COPYRIGHTED MATERIALS FOR CLASS PROJECTS making photocopies of copyrighted material Copying for Library Archives and Collections Copying for Library Reserve Use Copying for Course Packs and Customized Anthologies COPYING MUSIC FOR EDUCATIONAL PURPOSES SOUND RECODINGS (OTHER THAN MUSICAL) REQUESTING PERMISSION TO USE COPYRIGHTED MATERIAL IN EXCESS OF FAIR USE APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G |
PURPOSE OF THIS HANDBOOK This handbook of information, guidelines and procedures has been compiled as a reference guide for Albion College faculty, staff and administrators to help answer everyday questions about the use and reproduction of copyrighted materials and to provide information about College policy regarding the reproduction of copyrighted materials in various formats. It has been developed to guide faculty and staff by setting out their rights to copy and distribute material under fair use guidelines, specifying the exemptions granted to educators, and clarifying the responsibilities of faculty and staff for understanding the restrictions on copying and the need to obtain permissions. In light of the many questions which are arising with the proliferation of information in electronic form, we urge all members of the community to familiarize themselves with this handbook. It is far too brief to encompass the law, and it should not be used as a substitute for sound legal advice, but it provides a brief summary of the points most likely to concern faculty and staff at Albion College. Much of the text of this handbook is taken with permission from Bucknell University, Mercer University and the Copyright Sampler, and from copyright legislation and legislative guidelines. Some of the text has been adapted from policies and guidelines such as The Association of Research Libraries’ Briefing Paper on Copyright and the American Library Association’s Model Policy Concerning College and University Photocopying. These documents address copyright issues of interest to institutions of higher education with a clear and balanced approach. Copyright exists for three basic reasons:
The copyright statute balances the creator’s interests against the public interest in the dissemination of information and ideas. As educators, we must maintain the fair and proper balance between owners’ rights and public rights that copyright law is intended to embody. The first copyright law was enacted in 1790, and four major revisions have followed. The 1976 revision of the 1909 law has itself has been substantially amended in 1998 by the Sonny Bono Copyright Term Extension Act and the Digital Copyright Millennium Act, which attempts to address technological advances. Copyright law is constantly changing, so be aware that details in this handbook could quickly become outdated. Further information, including the full text of the laws, is available in Stockwell-Mudd Library together with numerous other materials which provide more specificity. Routine inquiries may be channeled through the Library Director, Information Technology, Campus Programs & Organizations or the Dean of Students, the Vice-President & Dean of Faculty, the Music and Theater Departments, and the bookstore. Complex questions will be referred to College Counsel. COPYRIGHT POLICY OF ALBION COLLEGE In the context of higher education, there are many circumstances in which such uses of copyrighted material as duplication, distribution of copies, public display or performance, and preparation of derivative works, are perfectly appropriate. However, as we exercise our rights to fair use as individual members of the public, or as educators using materials in the classroom, we need to be sure that we are not violating the rights of authors and/or distributors or the privacy rights of individuals. Members of the Albion College community are prohibited from using copyrighted works in any way that is not authorized by (a) specific exemptions in the copyright law, (b) fair-use guidelines, including those specifically granted to educators in classroom settings, or (c) licenses or written permission from the copyright owner. Faculty and staff are reminded that it is unlawful for staff members (e.g., secretarial staff and student assistants) to copy material for which necessary written permission to copy has not been obtained. Both the individual requesting such services and the individual performing them may be liable for copyright infringement. Members of the Albion College community who willfully disregard the institution’s Copyright Policy do so at their own risk and assume all liability, including the possibility of disciplinary actions for copyright infringement. Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual property. Publication is not essential for copyright protection, nor is the well-known symbol of the encircled ©. Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright the exclusive right to do, and to authorize others to do, the following:
The rights to reproduce the work in copies and to distribute the work refer to the act of copying the work into material objects and to distribute copies publicly. The most common manifestation of the reproduction and distribution rights occurs when an author transfers to a publisher the right to reproduce a novel in book copies and to distribute the copies through sale to bookstores and libraries. The adaption right is the right to prepare derivative works, i.e., works that are derived from an existing copyrighted work. Common examples of derivative works are new editions, translations and condensations. The adaptation right also involves the right to create new arrangements of copyrighted musical compositions, the right to prepare the motion picture script from a novel and the right to transform the format of an audiovisual work such as converting a phonorecord to audiotape, a 16mm film to videotape or 3/4-inch videotape to 1/2-inch format. The right to perform the work publicly means to recite, render, play or dance the work. The definition covers performance whether done directly or by means of a machine or device. For motion pictures or other audiovisual works, performance means to show its images sequentially or to make its sounds audible. Display is defined as the showing of a copy of a work either directly or by means of a television image, slide, etc., or if the work is a motion picture or other audiovisual work, to show the images nonsequentially. The performance and display right is limited to public performance or display which is defined as a performance or display in a place either open to the public or at any place where a substantial number of persons outside the normal circle of family and friends might be gathered. Transmission or other communication to the public of a performance or display also is included in the definition. These rights together encompass all economically significant uses of copyrighted works .1The copyright owner retains these rights even when the physical manifestation of the work itself belongs to someone else. However, these rights are not absolute. The public in general and scholars in particular have the right to copy under Fair Use guidelines which apply to all media, and under guidelines which apply to a specific medium. The doctrine of fair use, embedded in section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by limiting the rights of copyright ownership. The statute specifies these purposes as acceptable for fair use: criticism, comment, news reporting, teaching, scholarship, or research. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, you will need to consider the following four factors [reprinted with permission from What Educators Should Know About Copyright, Virginia Helm (Bloomington, IN: Phi Delta Kappa Educational Foundation, 1986)]:
MATERIALS IN THE PUBLIC DOMAIN Some categories of publications are in the public domain; that is, their use is not protected by copyright law. The following types of material may be freely copied: • U. S. publications more than 75 years old. • Works published in the U. S. that a) were first published before January 1, 1978 and b) do not include a copyright notice. • United States government documents issued by the Superintendent of Documents. Once a work has acquired public domain status it is no longer eligible for copyright protection. Occasionally, scholarly publications such as journal articles include a note offering the right to copy for educational purposes.
WHEN WORKS PASS INTO THE PUBLIC DOMAIN
[Adapted, on the basis of 1998 amendments to 1976 copyright law, from Libraries and Copyright: A Guide to Copyright Law in the 1990s, Laura N. Gasaway and Sarah K. Wiant (Washington, D.C.: Special Libraries Association, © 1994).] STUDENT USE OF COPYRIGHTED MATERIALS FOR CLASS PROJECTS While the law does not specifically address student uses of copyrighted works, the Senate Report accompanying the Copyright Revision Act of 1976 identifies "special uses" by students:
Based upon that statement, a consensus has developed in higher education that students may copy copyrighted works as a learning exercise (see Appendix E: Fair Use Guidelines for Educational Multimedia). This suggests that students can integrate all types of materials into sound/slide, film, or television productions and other multimedia products. Programs made under this exemption may be submitted to the teacher for a grade and may be shown to the other students in the class, including distance learning transmission over the college’s secure electronic network in real time as well as for after-class review or directed self-study. However, the paper or product must remain the property of the student. Copies may not be retained by the teacher or the institution; it may not be shown, transmitted, or broadcast outside the classroom; and no copies may be sold or given away. Students may perform and display their own educational multimedia projects created under Section 2 of the Fair Use Guidelines (see Appendix E) for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews. Students who wish to make copies beyond these narrow constraints, or who wish to make additional uses of their student projects, must get permission for all elements used. PRINTED MATERIALS MAKING PHOTOCOPIES OF COPYRIGHTED MATERIAL Copyright law applies to all forms of photocopying, whether it is undertaken at a commercial copying center, at departmental copying facilities, or at a self-service machine such as those in the Library. Guidelines in this handbook aim to give faculty members an appreciation of the factors which weigh for and against fair use. The College does not condone a policy of photocopying instead of purchasing copyrighted works where such photocopying would constitute an infringement under the copyright law, but it does encourage faculty members to exercise good judgment in serving the best interests of students in an efficient manner. It is the policy of this College that the user (faculty, staff, or librarian) secure permission to photocopy copyrighted works whenever it is legally necessary.
Photocopying and Duplication which Require Permission:
Copying for classroom use is governed by the "Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions" (see Appendix B). Although the guidelines refer to teachers, they are also applicable to librarians and other instructional specialists working with teachers. The guidelines provide a minimum, based on three standards: brevity, spontaneity, and cumulative effect. Copying for classroom use that exceeds the guidelines may also be justified in special circumstances under the rubric of fair use. The negotiated safe-harbor guidelines for classroom uses spelled out in Appendix B are in many ways inappropriate for the college level. "Brevity" simply cannot mean the same thing in terms of grade-school readings as it does for more advanced research. Because university professors were not specifically represented in the negotiation of the classroom guidelines, in 1982 the American Library Association published a Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use. In general, the Model Policy with respect to classroom uses suggests following the standard guidelines, recommending that
The photocopying practices of an instructor should not have a significant detrimental impact on the market for the copyrighted work. To guard against this effect, the professor should usually restrict use of an item of photocopied material to one course and should not repeatedly photocopy excerpts from one periodical or author without the permission of the copyright owner. It is reasonable to believe that fair use should apply to library reserves to the extent that it functions as an extension of classroom readings; see the section "Copying for Library Reserve Use" below. Copying for Library Archives and Collections In addition to exercising fair use rights as listed in Section 107 of the Copyright Act, non-profit libraries and archives are authorized to reproduce copyrighted works without permission under the circumstances indicated in Section 108 of the law and according to provisions of the Copyright Term Extension Act of 1998. Under the following circumstances, the copyright law allows a library to make or request a copy of an entire copyrighted work:
Single copies of works or portions of works may be reproduced and distributed by a library employee:
Library rights under Section 108 are for isolated and unrelated reproduction or distribution, e.g., a single copy of the same work may be distributed on separate occasions. Libraries may not engage in or knowingly be a party to the systematic reproduction or distribution of single or multiple copies of copyrighted material. Libraries may, however, participate in interlibrary loan arrangements under certain conditions. These conditions are outlined in the section of this handbook entitled "Copying for Interlibrary Loan." Copying for Library Reserve Use Photocopying for library reserve use is not mentioned specifically in the Copyright Act. In an attempt to offer guidance to faculty and libraries, the American Library Association issued a recommendation to libraries regarding photocopying for reserve shelf activities. This model policy has been adapted for use by the College’s Library and is reproduced below. See also Appendix C. At the request of a faculty member, the library may place on reserve photocopied excerpts from copyrighted works in its collection in accordance with guidelines similar to the guidelines for classroom copying for face-to-face teaching found in Appendix B. The College believes that these guidelines apply to the library reserve shelf to the extent that it functions as an extension of classroom readings or reflects an individual student’s right to photocopy for his/her personal scholastic use under the doctrine of fair use. In general, the library may use photocopied materials for reserve shelf use for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education requires, such as advanced independent study and research. If the faculty request asks for only one copy to be placed on reserve, the library may place a photocopy of an entire article, an entire chapter from a book, or an entire poem. Requests for multiple copies on reserve should meet the following guidelines:
For example, a faculty member may place on reserve, as a supplement to the course textbook, a reasonable number of copies of articles from academic periodicals or chapters from books. A reasonable number of copies will in most instances be less than six, but factors such as the length or difficulty of the assignment, the number of enrolled students, and the length of time allowed for completion of the assignment may permit more in unusual circumstances. In addition, a faculty member may also request that multiple copies of photocopied copyrighted material be placed on the reserve shelf if there is insufficient time to obtain permission from the copyright owner. For example, a professor may place on reserve several photocopies of an entire article from a recent issue of Time or The New York Times in lieu of distributing a copy to each member of the class. Please keep in mind: if there is any doubt as to whether a particular instance of photocopying can be considered fair use in the reserve shelf context, the copyright owner’s permission should be sought. (See Appendix A for advice on how to obtain permission.) Materials placed on reserve will be returned to the faculty member at the end of each semester. The sections of the 1976 copyright law especially pertinent to reproductions that may be requested or supplied through interlibrary arrangements are sections 107 and 108. Section 108(d) specifies that a library may copy "no more than one article or other contribution to a copyrighted collection or periodical issue, or . . . a small part of any other copyrighted work." The copy must become the property of the requester, and its use is limited to "private study, scholarship, or research." The Library must have an Interlibrary Loan request form completed by the requester for each photocopy to be requested from another library. The Interlibrary Loan office is legally obligated to display prominently the following notice, and to include the same text on all request forms:
Under the 1976 CONTU guidelines (see Appendix D), systematic photocopying of copyrighted materials is not permitted, but certain copying may be considered fair if there is no intent to avoid purchasing or subscribing to a publication. Some of the important elements of the CONTU guidelines may be summarized as follows:
When research needs require copying beyond the limits of fair use, permission to copy must be obtained from the copyright owner and/or payment of royalties may be necessary. Examples of copies requiring permission are:
Copying for Course Packs and Customized Anthologies Copyright litigation involving academic users has focused on this type of "anthologies" (collections of articles, or chapters bound together), which are perceived as substituting for textbooks and thus as reducing the potential market for copyrighted publications. The Courts’ decisions in the 1989 lawsuit against Kinko’s and the 1992 lawsuit against Michigan Document Services and James M. Smith clearly reinforce the necessity of obtaining copyright owners’ permission before producing such customized anthologies. This holds true whether the course pack is produced by an individual or by a copying service. More information can be obtained through the College’s campus bookstore, but some basic guidelines are as follows:
Manuscripts, letters, and other unpublished materials are likely to be protected by copyright regardless of age, even if they lack a notice of copyright. Unpublished works created before January 1, 1978 are protected through December 31, 2002, or life plus 70 years, whichever is greater. But, if the unpublished work is published before December 31, 2002, then it will be protected for life plus 70 years or until December 31, 2047, whichever is greater. Unpublished works that belong to the Library Archives may be reproduced in facsimile format for preservation purposes or for deposit for research use in another library or archives. Copies may usually be made for individual researchers under the law’s Fair Use provisions. Ownership of the physical object does not signify ownership of intellectual property rights. Beyond individual fair use, permission must be granted. COPYING MUSIC FOR EDUCATIONAL PURPOSES Separate copyrights usually exist for sheet music and recordings of musical performances. Additional copyrights may exist for the lyrics. Music dealers usually sell sheet music in sets (e.g., band sets, chorus sets, etc.); hence, single copies may not be available, but can be ordered directly from the publisher. Copying sheet music without permission deprives the composers of royalties. Fair use guidelines authorize limited copying and altering of sheet music. They also authorize recording student performances. What can be copied varies in accordance with circumstance as follows: For a Performance: Emergency copying is permitted so long as replacement copies are subsequently purchased. Academic Purposes Other than Performance (single copies for personal or library reserve use): An entire performable unit (section, movement, aria, etc.) if the unit is out of print or available only in a larger work. Multiple Copies for Classroom (Non-performance) Use: Excerpts may comprise no more than 10% of a whole work and may not constitute a performable unit. Music Recordings: A single copy may be made for the purpose of constructing aural exercises or examinations. Otherwise, the restrictions on copying non-music recordings apply. [See the section in this handbook on Sound Recordings (Other than Musical).] LIVE PERFORMANCE AND MEDIA Public performance of a copyrighted work may also constitute copyright infringement. A performance that takes place at the College will generally be considered a public performance. Albion College has performance agreements for music and dramatic performances with ASCAP and BMI. Copies of these agreements are on file with the Office of the Vice President for Finance and Management. Any music or dramatic work not covered by these agreements requires permission from the copyright owner, and individuals or groups desiring to use such works must seek permission of the copyright owner. Public performances of copyrighted works, however, are permitted under certain circumstances. The statute distinguishes between dramatic works and nondramatic works, grouping musical performances (but not musicals) with the latter. The college has determined that the following activities are permitted without first obtaining copyright permission: Dramatic Works:
Performances of dramatic works at the College must meet the above three criteria. If in doubt, you should seek permission from the copyright holder. If the three criteria of this exception are not met, performance of a dramatic work will constitute copyright infringement. Permission to perform a dramatic work does not automatically give license to videotape the performance and add that videotape to the College’s library or drama department collection. If the dramatic work is protected by copyright, permission is required to videotape a performance as well as to retain and distribute that videotape. Nondramatic Works: In addition to the exemptions discussed above, performances of nondramatic works at nonprofit educational institutions may be:
The use of music raises several issues under copyright law. First of all, when music is performed live, the performance will be governed by the rules discussed in the preceding section. When pre-recorded music is played before a group, there is not only a performance of the musical work but also of the particular recording. Under copyright law, however, the owner of a copyright in a musical recording, as distinct from the underlying composition, does not have the exclusive right to perform the record publicly. Therefore, when pre-recorded music is performed, only the performance of the underlying composition need be analyzed under the statutory provisions governing performances to ensure compliance with copyright law.
On the other hand, the owner of a copyright in a musical recording does have the exclusive right to reproduce the recording. Therefore, when pre-recorded music is copied, for example by making a tape of a song on a compact disc, the exclusive rights of both the owner of the copyright in the recording and the owner of the copyright in the composition may be infringed. Fair Use Rules Governing Music:
Special Fair Use Prohibitions:
Classroom Use of Films and Videotapes: 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 in 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:
Additional text of the Copyright Act and portions of the House Report (94-1476) combine to provide the following, more detailed list of conditions [from Virginia M. Helm, What Educators Should Know about Copyright (Bloomington, IN: Phi Delta Kappa Educational Foundation, 1986)]:
Further, the relationship between the 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. Use Outside the Classroom: The Library has a license from the Motion Picture Licensing Corporation (MPLC) which permits videocassettes in its collection which are covered under that license to be viewed by students, faculty or staff at workstations or in small-group rooms inside the Library. These videos may also be viewed at home (e.g., in a dorm room), so long as no more than a few friends are involved. Larger audiences, such as groups that might assemble in a residence hall living room, require explicit permission from the copyright owner for public performance rights. No fees for viewing a video are permitted even when public performance rights are obtained. Copying Films or Videotapes: Permission from the copyright holder must be obtained prior to copying any copyrighted film or videotape. College departments will not duplicate any film or videotape without written authorization indicating that the copyright holder possesses all applicable rights to the work, including literary rights upon which the work is based; music rights (composition and performance); rights to all visual and graphic elements (slides, graphs, still photographs) contained in the work; and performing artists’ releases. When you obtain written authorization, make sure that the number of copies of the work that can be made and the length of time they can be retained is indicated. You should also request that the copyright holder indemnify the College against any infringement actions pertaining to the work. One copy of a purchased foreign-standard videotape may be made to transfer the program to NTSC (U.S.) format. One copy of a purchased U.S. format videotape may be made for use by Albion faculty use while teaching in a foreign country. Copying Television Programming Off the Air for Classroom Use: In 1981, an Ad Hoc Committee on Copyright Law negotiated guidelines for off-air recording of broadcast programming for educational purposes. These guidelines represent the 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."2 These guidelines are not embedded in the Copyright Act and it is unclear how courts may choose to apply them. In the absence of explicit legislative or judicial acts, strict adherence to the guidelines may serve as some protection should the issue of infringement arise. See Appendix F, "Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes." Filmstrips and Slide Sets: Copying filmstrips and slide sets in their entirety, or altering a program, requires written permission. Transferring a program to another format (e.g., filmstrip to video, filmstrip to slides) also requires permission. Copying a few frames or slides may be a fair use, if the four fair use criteria are met. Microforms (microfilms, microfiche, etc.) are protected under the copyright act. The rules governing microforms are determined by the nature of the work contained therein (e.g., a literary work, graphic work, etc.). Microform copies of old books, periodicals, and manuscripts may be copied freely if the original works are in the public domain. If the original publication is copyrighted, copies may be made using the rules that apply to books and periodicals. SOUND RECORDINGS (OTHER THAN MUSICAL) Cassettes or disks may not be copied unless all of the following conditions are met:
For example, the fact that a replacement cannot be obtained at a fair price does not entitle students and faculty to make copies of copyrighted audiotapes in the Library’s collection. Recording brief excerpts is considered fair use, however. For guidelines applicable to musical recordings, see the section "Copying Music for Educational Purposes." Art works are subject to copyright. The duplication of such works in their entirety by photography, sketching, rendering, casting, or printing is a violation of the copyright law. The only exception is for copying illustrations in a book or periodical under the terms of the "Agreement on Guidelines for Classroom Copying" (see Appendix B) or the library photocopying section of the law. ELECTRONIC INFORMATION AND COMPUTER SOFTWARE Internet use and intellectual property rights are the subject of current intense debate, and there are no guidelines other than those we may infer from the use of other media. Use of the Internet, specifically the ease with which data can be transmitted to others and/or altered without permission, gives rise to concerns regarding intellectual property in the global information infrastructure. If you send a message on the Internet you hold the copyright, but realistically you must expect that others will forward it to other users. Material copyrighted to others should not be used other than under fair use, nor should Internet users forward information that they suspect is copyrighted. When creating home pages on the Web, care should be taken not to incorporate copyrighted material, because mounting on the Web is often interpreted as providing multiple copies, not the single copy allowed under fair use. Privacy rights of individuals, e.g., subjects of photographs, must be observed. COMPLIANCE WITH THE DIGITAL COPYRIGHT MILLENNIUM ACT As an Online Service Provider (OSP), Albion College is required by the Digital Copyright Millennium Act of 1998 to establish limitation of liability for copyright infringement by:
As an OSP, Albion College has limited liability for copyright infringement by third parties, which may include faculty under some circumstances. Limitation of liability applies to the college as an institution, not to individuals. The Act determines that the knowledge or actions of a faculty member will not be attributed to the institution when all of the following conditions are met:
The statutory rules do not require the College actively to monitor material on the Internet. The limitation requires an OSP to take action when it has "actual knowledge" of an infringement (by facts brought to its attention or by notice from the copyright owner), but it does not impose the burden on the OSP to monitor or discover infringing behavior. The law also gives immunity from third party user claims, provided there is good faith compliance with the statutory rules. We define multimedia as a computerized format which combines various types of media, including but not limited to graphics, film, sound, television, and text. Some see it as a newly emerging format, but the combining of media in multimedia’s predecessor, audiovisual presentation, is not new (see the section "Student Use of Copyrighted Materials for Class Projects"). How copyright and intellectual property rights are defined in this format, however, is currently a matter of intense discussion. There is little, if any, case law providing definitive parameters. In addition, we must be aware of other pertinent concepts, such as privacy rights and complex contracts, which protect individuals. For use in a class as part of a syllabus, you will be relying on precedents in copyright established for other formats (see the section "Audiovisual Materials" as well as Appendix E). They require that the multimedia be presented only in the classroom setting to class members and the instructor. If you are planning to use the multimedia package in other settings, you need to be aware of the need to get permission for all clips of any kind that you are using. You may be taking profit away from those who own the intellectual property and distribution rights. Furthermore, as with all graphics, especially photographs, you must respect privacy rights of individuals portrayed, and permissions must be gained. Albion College negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use. These arrangements provide the college community with efficient access to computer programs that support the curriculum while assuring the copyright owner a fair royalty. Check with Information Technology to determine the availability of particular software and the license restrictions that apply. Other products may be licensed on an individual or limited basis. However, copying is strictly limited except for backup purposes. The Copyright Act allows the purchaser of software to:
Printed documentation is covered by copyright as indicated inside each volume of documentation.
In many cases, software may be lent but only for temporary use, not for copying. If the borrower transfers the software to a hard disk, the program must be deleted when the borrowed item is returned. Check the software license for restrictions. Circulating software in the Library’s collection must include, and computer labs and other public facilities must post, the following warning to caution against illegal copying of software:
Copyright law presently is acknowledged to be inadequate in relation to the complexities of software use. EDUCAUSE, a nonprofit organization that supports the use of technology in education, launched the EDUCOM Software Initiative, which developed a statement of principle intended for use by individual colleges and universities and which is endorsed by Albion College.
Software Classifications: The EDUCOM Code defines four broad classifications of software and applies different principles to each classification as follows:
Computer scanning is the process of entering books, periodicals, art works, etc., into a computer by means of an optical scanner. Once a work is entered in the computer, it can be edited, manipulated, and reproduced. Scanning a text may be a fair use if it is used only for research (e.g., for textual analysis). Except for research uses, any other scanning of copyrighted texts requires the permission of the copyright holder. The Library will not put scanned text on electronic reserve without permission. Faculty should not scan text and mount it on their Web pages without permission unless the material is in the public domain. Art works should not be scanned without permission unless they are in the public domain. Scanning by students as a learning exercise may be permissible, but the copies should be promptly erased. Downloading involves copying a data transmission from a database utility to a user’s computer. This shortens the "connect time," which is the basis for most user fees. It also enables the searcher to clean up the data before printing a copy. Databases are copyrightable, and copying from a database to a computer appears to be a copyright infringement. The copyright owners generally accept temporary downloading as a fair use as long as only one report is printed and the data is erased after printing the report. The problem centers on long-term retention of data to reuse or to combine to create a local database. Long-term retention for any purpose requires a downloading license. These licenses are offered by most database utilities. "Most commercial databases, whether available on-line electronically or on CD-ROM, include a copyright notice on the terminal screen and on printouts and downloaded files. Further, license agreements include a notice of copyright and usually refer to the fair use provisions of the copyright law. Virtually all of the basic license agreements forbid resale of data retrieved from on-line searching or any kind of commercial use without permission from the on-line vendor. Most on-line databases permit a disk copy to be made for a user, although some are beginning to restrict how many lines or entries can be downloaded. Under the statute, if it is permissible to print information from the database for the user, it is permissible to give the user a disk containing the information unless the license agreement specifically prohibits downloading. There generally seems to be some understanding on the part of vendors that users can download ‘insubstantial portions’ of the database, but there is little information as to what particular vendors believe constitutes an insubstantial portion of a database. Virtually all vendors say that the data is for personal use only and may not be transmitted or sold." [Reprinted from Libraries and Copyright: a Guide to Copyright Law in the 1990s, Laura N. Gasaway and Sarah K. Wiant (Special Libraries Association, © 1994).] REQUESTING PERMISSION TO USE COPYRIGHTED MATERIAL IN EXCESS OF FAIR USE It is not difficult to request permission to duplicate, adapt, or perform copyrighted materials. Well-established procedures are available (see Appendix A for a sample letter). Email has made asking for permission incredibly easy and is often the fastest and surest way of getting a response. A letter requesting permission may be expedited by (1) enclosing a self-addressed, stamped envelope, (2) including lines at the bottom of the letter for the copyright owner to date, sign, and grant/deny permission (see Appendix A), and (3) mailing two copies of the letter so that the copyright owner can keep one and mail the other signed copy back to you in the SASE. It is important to maintain orderly records of permissions sought, denied, or granted. Faculty and staff should keep copies of permission letters "forever" to defend against claims of infringement. In some cases royalty or copyright fees must be paid to agencies such as Copyright Clearance Center, ASCAP, BMI, Motion Picture Licensing Corporation, etc. Keep in mind: the law provides for fair use; educators should exercise these rights. The law also guarantees owners’ right; educators, many of whom are also creators and owners, must respect these rights. Individuals who disregard copyright law put themselves legally and financially at risk. For more information about topics in this handbook, please refer to the appendices and the complete copyright law, which may be consulted in the Library.
1 Gasaway, Laura N., and Sarah K. Wiant, Libraries and Copyright: A Guide to Copyright Law in the 1990s (Washington, D.C.: Special Libraries Association, © 1994), p. 20. 2 Gasaway and Wiant, Libraries and Copyright: A Guide to Copyright Law in the 1990s (Washington, D.C.: Special Libraries Association, © 1994), p. 239.
SAMPLE PERMISSION LETTER Material Permission Department Hypothetical Book Company 500 East Avenue Chicago, Illinois 60601
Dear Madam or Sir: I am requesting permission to copy the following for continued use in my classes in future semesters:
I have enclosed a self-addressed, stamped envelope for your convenience in replying to this request. Sincerely,
Faculty Member
Permission is granted ____ denied ____ with these conditions (if any):
__________________________________________ Signature(s) ______________________ Date AGREEMENT ON GUIDELINES FOR CLASSROOM COPYING IN NOT-FOR PROFIT EDUCATIONAL INSTITUTIONS With Respect to Books and Periodicals 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 extent of permissible copying for educational purposes may change 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 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:
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 use or discussion, provided that:
DEFINITIONS
Spontaneity
Cumulative Effect
III. Notwithstanding I and II above, the following shall be prohibited:
AMERICAN LIBRARY ASSOCIATION LIBRARY RESERVE GUIDELINES: SECTIONS A & B LIBRARY RESERVES A. American Library Association Reserve Guidelines
Although there are no congressional guidelines on library reserves, the American Library Association (ALA) has promulgated suggestions for libraries regarding photocopying for library reserve as a part of a model policy for colleges and universities. Since the reserve area is an extension of the classroom, the ALA views copying for reserve as permissible under conditions similar to the classroom guidelines, a position supported by the Association of American Law Schools but rejected by the Register of Copyrights. In particular, the Register maintains that since the guidelines require spontaneity, libraries may not place material on reserve for consecutive terms. Nonetheless, the reserve guidelines enjoy wide acceptance among libraries and presumably among publishers since they have not been litigated. Single copies may be made for reserve use, the ALA believes, so long as the standards of the classroom guidelines are observed. When multiple copies are requested for reserve by a faculty member, the ALA makes the following recommendations. 1. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course. Matters such as the nature of the course, its subject matter and level should be taken into account. This statement makes it clear that library reserves are not to take the place of a purchased textbook or course pack on which royalties have been paid to the copyright holder. Materials photocopied for reserve generally are intended to supplement the other materials assigned for the course and not to serve in lieu of any other materials. 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. This likely means that the library rather than the faculty member should determine what number of copies is reasonable. 3. The material should contain a notice of copyright. If the article contains the notice of copyright on the first page of the article, the library need do nothing more than ensure that the notice is legible. If the notice is not printed on the article, then the library must write or stamp the notice. 4. The effect of photocopying the material should not be detrimental to the market for the work. 5. In general, the library should own at least one copy of the work. This does not mean that occasionally a library could not place on reserve a photocopy that belongs to a faculty member or one the library obtained through interlibrary loan. The library should not make a general practice of this, however, if it is to comply with the ALA model policy. Some writers have said that a reasonable number of copies would be six, although other factors may permit more copies to be made, including the difficulty of the assignment, the number of students in the class and the length of time the students have to complete the assignment. If there is too little time for the professor to request permission from the copyright holder to make the copies, more copies may be placed on reserve than in the normal situation. A faculty member who is uncertain about placing copies on reserve should defer to the library’s policy or obtain the copyright holder’s permission. A more puzzling part of the model policy is found in the materials that precede the requirements discussed above. As an introductory matter, the policy states that, in general, photocopying for reserve collections should follow the classroom guidelines. Then four specific requirements are listed: (a) the distribution of the same material does not occur every semester, (b) only one copy is distributed to each student, (c) the material contains a notice of copyright on the first page of the portion copied, and (d) students are not assessed any charge beyond the actual charge of making the copy. When one examines these four requirements, it is difficult to see their applicability to reserves. Regarding requirement (b), for library reserve situations, the library would practically never reproduce a copy for each student in the class. In fact, the very reason for placing materials on reserve is that a few copies are made and not one per student. The last requirement concerning a charge to students for the copies is totally irrelevant to reserve practices. No library charges a fee for library reserve use! Thus, the cost per student limitation is unnecessary. The requirement concerning the inclusion of a notice of copyright on the photocopied material is important; in fact, it is so important that the requirement is repeated in the specific portion of the guidelines that relate to reserve copying. Thus, the only requirement of the four that either has any relevance or is not repeated is (a), distribution of the same material does not occur every semester. Libraries have struggled with the meaning of this as it applies to reserve copying. Some libraries apply the requirement as if it were mandated by the law itself. Other libraries take a more liberal view and believe that when the model policy says that in general the classroom guidelines should be followed, that is what it means. Therefore, some libraries without written permission from the copyright owner. Libraries that follow this strict interpretation vary in whether they handle permission requests or whether they require faculty members who want the items placed on reserve to contact the copyright holder for permission. Some libraries go so far as to refuse a request to put an item on reserve the second semester without written permission from the owner which the faculty member must submit along with the request. Among the libraries that apply a more liberal view of the policy, some encourage faculty to obtain permission to use photocopied material on reserve the second semester but stop short of an absolute requirement. Others take the tack of removing from reserve all materials each semester and returning them to the faculty member in the hopes that over time he will pare down the amount of material placed on reserve. The course chosen by the library concerning this requirement may depend more on space management issues than on a literal reading of the guidelines. In other words, if the library is concerned about finite reserve space, it may decide to interpret strictly the meaning of the first general requirement. This relates not so much to copyright as to an important administrative issue for the library. Unfortunately, there is no general guidance on this issue. No library has been sued over its reserve collections nor have there been other interpretations from the ALA, the Copyright Office or others.
B. ELECTRONIC RESERVES Some libraries have substituted electronic copies for traditional photocopy reserve collections and many others are considering doing so. Electronic reserves could solve space and staffing problems currently associated with reserve collections of photocopies of copyrighted articles, chapters, etc. Is it possible to comply with the ALA Reserve Guidelines and still develop and maintain an electronic reserve system? Perhaps, but the publisher community is very concerned about retention and repeated use of electronically stored copies. The ALA Reserve Guidelines state that the amount of material a faculty member requests be placed on reserve as well as the number of copies should be reasonable. In the photocopy reserve situation, the library determines what number of copies is reasonable based on the number of students in the class, level of the class, length of the assignment, length of time before the assigned material must be read and the like. For example, based on these factors, a college library might decide that eight copies on reserve are sufficient for a class of 25 students. When one thinks of an electronic reserve collection, the usual situation envisioned is that materials would be scanned and stored on a central library computer which students could access from terminals in the library or even from remote locations. There are other ways this could be done. For example, the library could scan the items and put them on a floppy disk that is circulated just as hard copies are circulated. Another method is to put the scanned copies onto the central computer and then make a "copy" for each user by putting the copies into the electronic mailboxes for each student. For purposes of this chapter, however, assume that scanned copies are stored on a central computer in the library and that users access the material through terminals within the library and from remote locations. Where libraries have initiated electronic reserves, there is no uniformity in what types of materials are available and whether the library considers the activity to be fair use or one on which royalties should be paid. Both Rice and Duke universities have experimental electronic reserve collections of copyrighted materials. Rice is paying royalties on every copy made (i.e., for every use) of material in the electronic reserve collection; Duke believes an electronic reserve collection is fair use and is not paying royalties. The University of Pittsburgh has created an electronic reserve collection that consists of heavily used but uncopyrighted works created by faculty such as reserve collections will be able to help answer some of the unanswered questions. Electronic reserve collections present several copyright concerns. First, what is the number of copies that are made and does the number raise fair use concerns? Instead of any reserve collection photocopy that might be read by several students, one electronic copy is made includes whenever a copy is displayed on the screen in addition to when a copy is printed from the screen or downloaded to a disk. Second, will the library erase the scanned copy at the end of the class term? Third, is it necessary for the library to restrict access to the electronic copies to students enrolled in particular classes? If so, will it be done through access codes or some other mechanism? Fourth, must the library require the professor to obtain permission to place the item on reserve for subsequent terms? For the present, these and other considerations have meant that few libraries actually have created electronic reserve collections, although the numbers seem to be increasing. It is possible that because of these concerns electronic reserve collections are more closely akin to course packets than to traditional reserve collections. If they are analogous to course packets, then the Guidelines on Multiple Copying for Classroom Use must be met and royalties paid for copying in excess of fair use. The question then for the calculation of royalties becomes how many copies were made. For the library, an important question follow: who pays the royalty, the library or the student? Since the Copyright Clearance Center has not been authorized to collect royalties for electronic copies, if royalties are due, they must be paid directly to the publisher or copyright holder. This alone may discourage some libraries from converting traditional reserve collections to electronic format. Another important concern arises under section 108(g) which states that the exemptions for the library copying extend to isolated and unrelated reproduction of a single copy. This applies to the reproduction of the same material on separate occasions but does not extend where the library engages in related or concrete reproduction and distribution of multiple copies of the same material, on one occasion or over a period of time. Section 108(g) applies whether the multiple copying is by aggregate use by one or more individuals or for separate use by the individual members of a group. The publisher community apparently does not object to reserve collections that carefully adhere to the ALA guidelines for photocopies as evidenced by the lack of complaints, articles challenging the guidelines, or litigation. Why the same acquiescence is not present for electronic reserve collections appears somewhat inconsistent to many in the library community. CONTU GUIDELINES ON PHOTOCOPYING AND INTERLIBRARY ARRANGEMENTS As part of the effort to revise the copyright laws, the U.S. National Commission on New Technological Uses of Copyrighted Works (CONTU) was created to provide recommendations on copyright law and procedure. The guidelines in the Commission’s 1978 final report address section §108(g)(2) and attempt to clarify what was meant by "systematic reproduction." Libraries, in general, follow these guidelines:1
(a) shall have in force or shall have entered an order for a subscription to a periodical, or
1 Reprinted from Virginia Boucher, Interlibrary Loan Practices Handbook, 2nd ed. (Chicago and London: American Library Association, © 1997). TABLE OF CONTENTS
1. INTRODUCTION 1.1 Preamble Fair use is a legal principle that defines the limitations of the exclusive rights** of copyright holders. The purpose of these guidelines is to provide guidance on the application of fair use principles by educators, scholars and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non-commercial educational uses. These guidelines apply only to fair use in the context of copyright and to no other rights. There is no simple test to determine what is fair use. Section 107 of the Copyright Act*** sets forth the four fair use factors which should be considered in each instance, based on particular facts of a given case, to determine whether a use is a "fair use": (1) the purpose and character of 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. While only the courts can authoritatively determine whether a particular use is fair use, these guidelines represent the endorsers’ consensus of conditions under which fair use should generally apply and examples of when permission is required. Uses that exceed these guidelines may or may not be fair use. The participants also agree that the more one exceeds these guidelines, the greater the risk that fair use does not apply. The limitations and conditions set forth in these guidelines do not apply to works in the public domain--such as U.S. Government works or works on which copyright has expired for which there are no copyright restrictions--or to works for which the individual or institution has obtained permission for the particular use. Also, license agreements may govern the uses of some works and users should refer to the applicable license terms for guidance. The participants who developed these guidelines met for an extended period of time and the result represents their collective understanding in this complex area. Because digital technology is in a dynamic phase, there may come a time when it is necessary to review the guidelines. Nothing in these guidelines shall be construed to apply to the fair use privilege in any context outside of educational and scholarly uses of educational multimedia projects. This Preamble is an integral part of these guidelines and should be included whenever the guidelines are reprinted or adopted by organizations and educational institutions. Users are encouraged to reproduce and distribute these guidelines freely without permission; no copyright protection of these guidelines is claimed by any person or entity.
** See Section 106 of the Copyright Act. *** The Copyright Act of 1976, as amended, is codified at 17 U.S.C. Sec. 101 et seq. guidelines and clearly indicate the variety of interest groups involved, both from the standpoint of the users of copyrighted material and also from the standpoint of the copyright owners. 1.2 Background These guidelines clarify the application of fair use of copyrighted works as teaching methods are adapted to new learning environments. Educators have traditionally brought copyrighted books, videos, slides, sound recordings and other media into the classroom, along with accompanying projection and playback equipment. Multimedia creators integrated these individual instructional resources with their own original works in a meaningful way, providing compact educational tools that allow great flexibility in teaching and learning. Material is stored so that it may be retrieved in a nonlinear fashion, depending on the needs or interests of learners. Educators can use multimedia projects to respond spontaneously to students’ questions by referring quickly to relevant portions. In addition, students can use multimedia projects to pursue independent study according to their needs or at a pace appropriate to their capabilities. Educators and students want guidance about the application of fair use principles when creating their own multimedia projects to meet specific instructional objectives. 1.3 Applicability of These Guidelines (Certain basic terms used throughout these guidelines are identified in bold and defined in this section.) These guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators or students as part of a systematic learning activity by nonprofit educational institutions. Educational multimedia projects created under these guidelines incorporate students’ or educators’ original material, such as course notes or commentary, together with various copyrighted media formats including, but not limited to, motion media, music, text material, graphics, illustrations, photographs and digital software which are combined into an integrated presentation. Educational institutions are defined as nonprofit organizations whose primary focus is supporting research and instructional activities of educators and students for noncommercial purposes. For the purposes of the guidelines, educators include faculty, teachers, instructors, and others who engage in scholarly, research and instructional activities for educational institutions. The copyrighted works used under these guidelines are lawfully acquired if obtained by the institution or individual through lawful means such as purchase, gift, or license agreement but not pirated copies. Educational multimedia projects which incorporate portions of copyrighted works under these guidelines may be used only for educational purposes in systematic learning activities including use in connection with non-commercial curriculum-based learning and teaching activities by educators to students enrolled in courses at nonprofit or educational institutions or otherwise permitted under Section 3. While these guidelines refer to the creation and use of educational multimedia projects, readers are advised that in some instances other fair use guidelines such as those for off-air taping may be relevant.
2. PREPARATION OF EDUCATIONAL MULTIMEDIA PROJECTS USING PORTIONS OF COPYRIGHTED WORKS These uses are subject to the Portion Limitations listed in Section 4. They should include proper attribution and citation as defined in Sections 6.2. 2.1 By students: Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course. 2.2 By Educators for Curriculum-Based Instruction: Educators may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia programs for their own teaching tools in support of curriculum-based instructional activities at educational institutions.
3. PERMITTED USES OF EDUCATIONAL MULTIMEDIA PROGRAMS CREATED UNDER THESE GUIDELINES Uses of educational multimedia projects created under these guidelines are subject to the Time, Portion, Copying and Distribution Limitations listed in Section 4. 3.1 Student Use: Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews.
3.2 Educator Use for Curriculum-Based Instruction: Educators may perform and display their own educational multimedia projects created under Section 2 for curriculum-based instruction to students in the following situations: 3.2.1 for face-to-face instruction, 3.2.2 assigned to students for directed self-study, 3.2.3 for remote instruction to students enrolled in curriculum-based courses and located at remote sites, provided over the educational institution’s secure electronic network in real-time, or for after class review or directed self-study, provided there are technological limitations on access to the network and educational multimedia project (such as a password or PIN) and provided further that the technology prevents the making of copies of copyrighted material. If the educational institution’s network or technology used to access the educational multimedia project created under Section 2 of these guidelines cannot prevent duplication of copyrighted material, students or educators may use the multimedia educational projects over an otherwise secure network for a period of only 15 days after its initial real-time remote use in the course of instruction or 15 days after its assignment for directed self-study. After that period, one of the two used copies of the educational multimedia project may be placed on reserve in a learning resource center, library or similar facility for on-site use by students enrolled in the course. Students shall be advised that they are not permitted to make their own copies of the multimedia project. 3.3 Educator Use for Peer Conferences: Educators may perform or display their own multimedia projects created under Section 2 of these guidelines in presentations to their peers, for example, at workshops and conferences. 3.4 Educator Use for Professional Portfolio: Educators may retain educational multimedia projects created under Section 2 of these guidelines in their personal portfolios for later personal uses such as tenure review or job interviews.
4. LIMITATIONS--TIME, PORTION, COPYING AND DISTRIBUTION The preparation of educational multimedia projects incorporating copyrighted works under Section 2, and the use of such projects under Section 3, are subject to the limitations noted below. 4.1 Time Limitations Educators may use their educational multimedia projects for educational purposes under Section 2 of these guidelines for teaching courses, for a period of up to two years after the first instructional use with a class. Use beyond that time period, even for educational purposes, requires permission for each copyrighted portion incorporated in the production. Students may use their educational multimedia projects as noted in Section 3.1. 4.2 Portion Limitations Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrighted works are taken. In the aggregate means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under these guidelines. These limits apply cumulatively to each educator’s or student’s multimedia project(s) for the same academic semester, cycle or term. All students should be instructed about the reasons for copyright protection and the need to follow these guidelines. It is understood, however, that students in kindergarten through grade six may not be able to adhere rigidly to the portion limitations in this section in their independent development of educational multimedia projects. In any event, each such project retained under Sections 3.1 and 4.3 should comply with the portion limitations in this section. 4.2.1 Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia project created under Section 2 of these guidelines. 4.2.2 Text Material Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of a multimedia project created under Section 2 of these guidelines. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used. 4.2.3 Music, Lyrics, and Music Video Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project created under Section 2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. 4.2.4 Illustrations and Photographs The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. 4.2.5 Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. A field entry is defined as a specific item of information, such as a name or Social Security number, in a record of a database file. A cell entry is defined as the intersection where a row and column meet on a spreadsheet. 4.3 Copying and Distribution Limitations Only a limited number of copies, including the original, may be made of an educator’s educational multimedia project. For all of the uses permitted by Section 3, there may be no more than two used copies, only one of which may be placed on reserve as described in Section 3.2.3. An additional copy may be made for preservation purposes but may only be used or copied to replace a used copy that has been lost, stolen, or damaged. In the case of a jointly created educational multimedia project, each principal creator may retain one copy but only for the purposes described in Sections 3.3 and 3.4 for educators and Section 3.1 for students. 5. EXAMPLES OF WHEN PERMISSION IS REQUIRED 5.1 Using Multimedia Projects for Non-Educational or Commercial Purposes Educators and students must seek individual permissions (licenses) before using copyrighted works in educational multimedia projects for commercial reproduction and distribution. 5.2 Duplication of Multimedia Projects Beyond Limitations Listed in These Guidelines Even for educational uses, educators and students must seek individual permissions for all copyrighted works incorporated in their personally created educational multimedia projects before replicating or distributing beyond the limitations listed in Section 4.3. 5.3 Distribution of Multimedia Projects Beyond Limitations Listed in These Guidelines Educators and students may not use their personally created educational multimedia projects over electronic networks, except for uses as described in Section 3.2.3, without obtaining permissions for all copyrighted works incorporated in the program. 6.1 Caution in Downloading Material from the Internet Educators and students are advised to exercise caution in using digital material downloaded from the Internet in producing their own educational multimedia projects, because there is a mix of works protected by copyright and works in the public domain on the network. Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder. 6.2 Attribution and Acknowledgment Educators and students are reminded to credit the sources and display the copyright notice © and copyright ownership information if this is shown in the original source, for all works incorporated as part of the educational multimedia projects prepared by educators and students, including those prepared under fair use. Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication). The copyright ownership information includes the copyright notice (©, year of first publication and name of the copyright holder).
The credit and copyright notice information may be combined and shown in a separate credit section of the educational multimedia project except for images incorporated into the project for the uses described in Section 3.2.3. In such cases, the copyright notice and the name of the creator of the image must be incorporated into the image when, and to the extent, such information is reasonably available; credit and copyright notice information is considered "incorporated" if it is attached to the image file and appears on the screen when the image is viewed. In those cases when displaying source credits and copyright ownership information on the screen with the image would be mutually exclusive with an instructional objective (e.g. during examinations in which the source credits and/or copyright information would be relevant to the examination questions), those images may be displayed without such information being simultaneously displayed on the screen. In such cases, this information should be linked to the image in a manner compatible with such instructional objectives. 6.3 Notice of Use Restrictions Educators and students are advised that they must include on the opening screen of their multimedia program and any accompanying print material a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use. 6.4 Future Uses Beyond Fair Use Educators and students are advised to note that if there is a possibility that their own educational multimedia project incorporating copyrighted works under fair use could later result in broader dissemination, whether or not as commercial product, it is strongly recommended that they take steps to obtain permissions during the development process for all copyrighted portions rather than waiting until after completion of the project. 6.5 Integrity of Copyrighted Works: Alterations Educators and students may make alterations in the portions of the copyrighted works they incorporate as part of an educational multimedia project only if the alterations support specific instructional objectives. Educators and students are advised to note that alterations have been made. 6.6 Reproduction or Decompilation of Copyrighted Computer Programs Educators and students should be aware that reproduction or decompilation of copyrighted computer programs and portions thereof, such as the transfer of underlying code or control mechanisms, even for educational uses, is outside the scope of the guidelines.
6.7 Licenses and Contracts Educators and students should determine whether specific copyrighted works or other data information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations.
GUIDELINES FOR OFF-AIR RECORDINGS OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES
[Reprinted with permission from The Copyright Primer for Librarians and Educators, 2nd ed., Janis H. Bruwelheide (Chicago, American Library Association, © 1995).]
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