Copyrighted Works Reproduction (A-12)

Original Implementation: 1979
Last Revision: January 29, 2008

The copyright law (17 U.S.C. §§ 101-1332) affects everyone involved in photocopy reproduction and all types of reproduction and/or use of other's works. The following guidelines provide general copyright information useful to the academic community.

Public Copy Machines
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. All employees who assist in making copies must comply with the fair use guidelines below. The law requires public copy machine users to follow these fair use guidelines
General Fair Use Guidelines
1. Only the following copies may be made from copyrighted works:
2. 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, provided the amount of copying does not exceed 10% of the entire volume.
3. Refer to 17 U.S.C. 504 (c)(2) within the copyright law.
  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
  3. the nature of the copyrighted work; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.
4. 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.
5. A single copy of an entire work, provided a copy cannot be obtained at a fair price.
6. Copies in excess of this amount may be permissible in some circumstances under fair use. The following factors must be considered:
General Guidelines on Public Works
Free use of materials not protected by copyright is permitted for public works. The presence or absence of a copyright notice is no longer of significance in determining what is a protected copyright or 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.
1. Works that lack originality (e.g., phone book)
2. Works in the public domain (no longer protected by copyright)
3. Free ware (must be expressly stated)
4. U.S. Government works
5. Facts
6. Ideas, processes, methods, and systems described in copyrighted work that is not otherwise protected by patents
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. They allow copying for archiving lost, stolen, damaged, or deteriorating works, making copies for library patrons, and making copies for other libraries’ patrons (interlibrary loan). For works in the last 20 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.
1. Copies made by library staff for patrons generally
  1. All of the general fair use requirements listed above apply for patron copying.
  2. Only single copies, and no multiple copies, will be made.
  3. Copy requests exceeding these limitations must be refused.
2. Copies made by library staff for reserve and for a faculty member's classroom use
  1. All of the general fair use requirements listed above apply for single or multiple copies.
  2. Multiple copying 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.
  3. Copy requests exceeding these limitations must be refused.
3. Copies made by library staff for purposes of collection maintenance
  A published work may be duplicated to replace a copy that is damaged, deteriorating, lost or stolen, provided that after a reasonable effort the library has determined that an unused replacement cannot be obtained at a fair price. An unpublished work may be duplicated for purposes of preservation or security or for deposit for research use in another library.
4. Interlibrary loan copying
  The library may annually acquire, through interlibrary loan, up to five copies of articles published in any title within the last five years. If a request exceeds the five articles permitted, the Interlibrary Loan/Document Delivery Services Department will apprise the patron of other options.
5. Digitizing other’s works in electronic reserves
  1. Limit reserve materials to single articles or chapters; several charts, graphs or illustrations; or other small parts of a work
    1. small part of materials required for the course
    2. copies of material a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.)
  2. Include
    1. any copyright notice on the original
    2. appropriate citations and attributions to the source
    3. a Section 108(f) (1) notice indicating that making a copy may be subject to copyright law.
  3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at end of class term.
  4. Obtain permission for repeated use of materials by the same instructor for the same class.
    
    Sections IV is concerned with copying that can be legally done without obtaining the copyright owner's permission. The library may not make copies in excess of the limits stated in the above sections without the permission of the copyright owner. It is the user's responsibility to obtain permission of the owner when such permission is needed. It is suggested that in requesting permission, the user state the purpose for the copying and the number of copies being requested. When the user presents evidence of the owner’s permission, the library may copy within the limits of the permission statement.
Guidelines for Coursepacks
The General Fair Use Guidelines are applicable to coursepacks. Copyright notices, appropriate citations and attributions should be included. The faculty/staff member who compiles the coursepack materials shall be responsible for complying with these guidelines. Permission must be obtained for materials that will be repeatedly used by the same instructor for the same class. 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.
Computer Software
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 "shrink wrapped" or other 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.
1. Limit copying as follows:
  1. sheet music, entire works: only for performances and only in emergencies
  2. sheet music, performable units (movements, sections, arias, etc.); only if out of print
  3. student performances, record only for teacher or institutional evaluation or student’s portfolio
  4. sound recordings: one copy for classroom or reserve room use
2. Include
  1. any copyright notice on the original
  2. appropriate citations and attributions to the source
  3. a Section 108(f)(1) notice that making a copy may be subject to copyright law
3. Replace emergency copies with purchased originals if available
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 outlined in section VIII of this policy may not cover fair use of the performance of others’ works in online course materials. The guidelines below incorporate these basic rules: small parts, limited times, and limited access are the keys to fair use.
1. Incorporate performances of others’ works
  1. sparingly
  2. only if a faculty member or the institution possesses a legal copy of the work
2. Include
  1. any copyrighted notice on the original
  2. appropriate citations and attributions to the source
  3. a Section 108(f)(1) notice that making a copy may be subject to copyright law
3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
4. Obtain permission for materials that will be used repeatedly by the same instructor for the same class.
Digitizing and Using Images for Educational Purposes
First and foremost, if an image is readily available online or for sale or license at a fair price, point to, purchase, or license the image. If an image is not readily available online or for sale or license at a fair price, digitize and use the image in accordance with the following limitations:
1. Limit access to all images except "thumbnails" to students enrolled in the class and administrative staff as needed. Terminate access at the end of class term
2. "Thumbnails" are visual identification tools of a size and quality that makes them commercially useless. Since thumbnails are of no commercial value, fair use would permit their use without restriction.
3. Faculty members may also use these images at peer conferences.
4. Students may download, transmit and print out these images for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images in works prepared for course assignments, etc., and may keep works containing images in their portfolios.
5. Periodically review digital availability. If a previously unavailable image becomes available online or for sale or license at a fair price, point to or acquire it.
6. Do not make any unnecessary copies of the multimedia work.
Digitizing and Using Other’s Works in Multimedia Materials For Educational Purposes
The CONFU Fair Use Guidelines for Educational Multimedia suggest that fair use requires adherence to specific numerical portion limits, that copies of the multimedia work that includes the works of others should be strictly controlled, and that fair use "expires" after 2 years. The following general guidelines acknowledge that these are important considerations, but that the CONFU numerical limits do not constitute the outer limits of fair use.

The guidelines below allow for the creation of unique works within the limitations provided, but not to make multiple copies and give them out. (Multimedia works which include the use of other’s works and will be licensed, distributed or sold, must obtain appropriate permission from each applicable copyright holder.)
1. Students, faculty and staff may
  1. incorporate other's works into a multimedia work
  2. display and perform a multimedia work in connection with or creation of
    1. class assignments
    2. curriculum materials
    3. remote instruction
    4. examinations
    5. student portfolios
    6. professional symposia
2. Be conservative. Use only small amounts of other’s works.
3. Provide appropriate acknowledgments to the work of others.
4. Do not make any unnecessary copies of the multimedia work.
Permission
In all circumstances other than the specific fair use guidelines described above, permission must be obtained from the copyright holder. Advance planning is important to purchase, license or otherwise obtain appropriate permission for use of copyrighted material.
Personal Liability

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 USC 504 (c)(2)]. It applies only if the person who copied material reasonably believed that what he or she did was fair use. Adherence to this policy will help protect the SFA academic community from potential copyright liability.

Recent 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 any 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. The alleged infringer 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. You may also contact the university’s general counsel with specific inquiries.

Cross Reference: 17 U.S.C. Section 101 et seq.; NET Act Pub.L.No. 105-147; Digital Millenium Copyright Act, Pub.L.No. 105-304, 112 Stat. 2860, 2905 (October 28, 1998); CONFU Guidelines, University Policies, Computer and Network Security D-8.1, and Digital Millennium Copyright Policy D-42

Responsible for Implementation: Provost/Vice President for Academic Affairs

Contact for Revision: Director of University Libraries, General Counsel

Forms: None

Stephen F. Austin State University

Copyrighted Works Reproduction (A-12)