Copyrighted Works Reproduction (A-12)
Original Implementation: 1979
Last Revision: July 19, 2011
The copyright law (17 U.S.C. §§ 101-1332) affects photocopy reproduction and all types of reproduction and/or use of others’ works. The following guidelines provide general copyright information useful to the academic community.
General Fair Use Guidelines
17 U.S.C. § 107 provides the following considerations to determine whether the use of a work would be considered fair use:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and,
- the effect of the use upon the potential market for or value of the copyrighted work.
Only the following copies may be made from copyrighted works provided the amount of copying does not exceed 10% of the entire volume:
- a single copy of one or more chapters from a book;
- one or more articles from a periodical title;
- one or more short stories, essays, short poems, charts, graphs, diagrams, drawings, cartoons, or pictures;
- a single copy of an excerpt from a musical work, provided the excerpt is less than 10% of the entire work and is less than a performable unit, such as a section, movement, or aria; or,
- a single copy of an entire work, provided a copy cannot be obtained at a fair price.
Copies in excess of this amount may be permissible in some circumstances under fair use. Copying shall not be repeated with respect to the same item for use by the same individual from term to term.
In all circumstances other than the specific fair use guidelines described above, permission must be obtained from the copyright holder.
General Guidelines for Copyrights Related to Academic Activities
Free use of materials not protected by copyright is permitted for public works. The presence or absence of a copyright notice is not of significance in determining whether a work has copyright protection or is a public work. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice is non-determinative.
The following guidelines may be used to determine what constitutes a public work:
- works that lack originality (e.g., phone book);
- works in the public domain (no longer protected by copyright);
- freeware (must be expressly stated);
- U.S. Government works;
- facts; or,
- ideas, processes, methods, and systems described in copyrighted work that are not otherwise protected by patents.
When copying or digitizing materials, the responsible party shall include the following:
- any copyright notice on the original;
- appropriate citations and attributions to the source; and,
- a Section 108(f)(1) notice indicating that making a copy may be subject to copyright law.
Special Library Guidelines
Libraries are authorized to exercise special rights in addition to fair use. These rights are described in Section 108 of the copyright law which allows libraries to make copies for:
- archiving lost, stolen, damaged, or deteriorating works;
- making copies for library patrons; and,
- making copies for other libraries’ patrons (interlibrary loan).
Library staff may duplicate a published work to replace a copy that is damaged, deteriorating, lost or stolen, provided that after a reasonable effort the library has determined that a replacement cannot be obtained at a fair price. An unpublished work may also be duplicated for purposes of preservation or security or for deposit for research use in another library.
For works in the last twenty years of protection and not available at a reasonable price, more generous copying than indicated below may be performed, provided the purpose of the copying is to support preservation, scholarship, or research.
Generally, library staff may make single copies for reserve and faculty members’ classroom use. Faculty copy requests may not exceed one copy per student, and may not be repeated with respect to the same item by the same instructor from term to term without obtaining permission from the copyright holder and/or paying copyright royalties.
The library may acquire up to five copies of an article from a journal published within the last five years within a calendar year. If a request exceeds the five copies permitted, the library will pay copyright royalties to the Copyright Clearance Center for subsequent requests.
When digitizing others’ works in electronic reserves, library staff will limit reserve materials to:
- single articles or chapters; several charts, graphs or illustrations; or other small parts of a work;
- a small portion of materials required for the course; or,
- copies of materials a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.).
Instructors seeking to use materials repeatedly for the same class must obtain appropriate permission. Electronic reserve systems should be structured to limit access to students registered in the course for which the materials have been placed on reserve, and to instructors and staff responsible for the course or the electronic system.
- Coursepack Guidelines
The General Fair Use Guidelines are applicable to coursepacks. The faculty/staff member who compiles coursepack materials shall be responsible for complying with these guidelines. Using a commercial copy shop does not necessarily relieve the coursepack creator of liability, unless the above guidelines are followed or the copy shop pays appropriate royalties. Campus copy centers are not permitted to copy coursepacks, unless these guidelines are followed. See also university policy A-22.1, Instructor-generated Materials.
Only explicitly stated freeware, not shareware or other licensed software, is allowed to be freely used without a license. Appropriate licenses must be obtained for all other software use. The software user is responsible for reading and complying with all license agreements. Other university computer use policies shall also apply.
Guidelines for Music
The university maintains some general licenses for copyrighted music use with BMI and ASCAP for specific use areas (e.g., College of Fine Arts, Student Activities, etc.). Beyond those areas, use of music must be licensed or specific permission obtained. General guidelines for copying music are outlined below.
Copying shall be limited to:
- entire works of sheet music for performance-related emergencies;
- performable units of sheet music (movements, sections, arias, etc.) if out of print;
- recordings of student performances for teacher or institutional evaluation or student’s portfolio; and,
- one copy of sound recordings for classroom or reserve room use.
If emergency copies are made, they must be replaced with purchased originals as soon as practical.
Performances and Displays in Face-to-Face Teaching and Broadcasts
Educational institutions and governmental agencies are authorized to publicly display and perform others’ works in the course of face-to-face teaching activities, and to a limited degree, in broadcasts where there is a delayed transmission of faculty instruction. These rights are described in Sections 110 (1) and (2) of the copyright law.
Performances and Displays in Distance Learning
Sections 110 (1) and (2) of the copyright law may not cover fair use of the performance of others’ works in online course materials. For purposes of distance learning, small parts of others’ works may be used for a limited time, and only if a faculty member or the institution possesses a legal copy of the work.
Access shall be limited to students enrolled in the class and administrative staff, and shall be terminated at the end of the class term.
Digitizing and Using Images for Educational Purposes
An image should be purchased or licensed if it is available at a fair price. If an image is not readily available online or for sale or license at a fair price, it should be digitized and used according to the following guidelines:
- Access should be limited to students enrolled in the class and administrative staff as needed, and terminate access at the end of the class term (use of “thumbnails” is typically considered fair use and may be used accordingly, without this more stringent restriction).
- Use of these images at conferences is permissible.
- Students may download, transmit, and print these images to complete academic requirements, and may keep works containing images in their portfolios.
- Unnecessary copies are not permissible.
Digitizing and Using Others’ Works in Multimedia Materials For Educational Purposes
The Conference on Fair Use (CONFU) suggests that: fair use adheres to specific numerical portion limits; copies of the multimedia work should be strictly controlled; and fair use "expires" after two years. Although these are important considerations, CONFU numerical limits do not constitute the outer limits of fair use for educational purposes.
The guidelines below allow for the creation of unique works within the limitations provided, but not to make or distribute multiple copies. (Multimedia materials that will be licensed, distributed, or sold, must obtain appropriate permission from each applicable copyright holder.)
Students, faculty, and staff may incorporate others’ works into a multimedia work, and display and perform a multimedia work in connection with or creation of required academic and professional materials.
All employees who assist in making copies must comply with the fair use guidelines. All public copy machines or public copy centers on campus must have a warning notice on or near each machine which states that the responsibility for copyright infringement rests with the user. The use of printed copyright warnings transfers a portion of the responsibility for copyright compliance to the individual user.
Personal liability for copyright infringement can be created for willful acts. This policy has been formulated to provide specific guidance on the variety of circumstances where fair use is permissible. The copyright law provides a good faith fair use defense (17 U.S.C. § 504(c)(2)). It applies only if the person who copied material reasonably believed that what he or she did was fair use.
Federal legislation entitled the No Electronic Theft (NET) Act creates criminal penalties for non-commercial copyright infringement of a sufficient dollar value. The academic community must be aware that distribution of pirated computer software or other copyrighted material on computer bulletin boards or other methods of distribution may constitute a federal crime, regardless of whether or not the infringer receives financial gain.
The Digital Millennium Copyright Act (DMCA) limits university liability as an internet service provider for certain copyright infringements created on-line. The university’s registered agent for on-line copyright infringement complaints shall be the general counsel. The DMCA establishes procedures whereby, upon receipt of proper complaints, the university will block access to or take down allegedly infringing material and notify the web page owner of the complaint. Alleged infringers may issue a counter-notice, which includes a signature, description of removed material, explanation why the material did not infringe any copyright, and their name, address and phone number, with a consent to the jurisdiction of the court to be sued. Upon receipt of this counter-notice, the university shall re-post the material. Repeat infringers will be subject to termination of internet service by the university. See university policies, Computer and Network Security (D-8.1) and Digital Millennium Copyright Policy (D-42)
Further information can be obtained by accessing the webpage of the U.S. Copyright Office within the Library of Congress at: http://www.copyright.gov. The university’s general counsel may be contacted with specific inquiries.
Cross Reference: 17 U.S.C. §§ 101-1332; No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678; Digital Millenium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860 (1998); CONFU Guidelines, Computer and Network Security (D-8.1); Digital Millennium Copyright (D-42); Recording of Broadcasts for Education Use (A-33)
Responsible for Implementation: Provost/Vice President for Academic Affairs
Contact for Revision: Director of University Libraries, General Counsel
Board Committee Assignment: Academic and Student Affairs