Copyright & Fair Use 

Copyright and Reserves 

Copyright guidelines can be reviewed at: 
http://www.copyright.com/Services/copyrightoncampus/  and
Copyright Advisory Network

A general guide for fair use is that the amount of material copied or scanned should be reasonable in relation to the total amount of the original source.  For example, one article from a specific issue of a journal, or a chapter from a book is within the copyright guidelines.

Reeves Library materials and personal copies may be placed on Reserve.  The library cannot place on Reserve any books or videos obtained via interlibrary loan or otherwise borrowed from other libraries.

If material is going to be used repeatedly semester after semester copyright permission must be requested.

Permission may be requested through the Copyright Clearance Center at: 
http://www.copyright.com/ccc/do/viewPage?pageCode=ac1-n

Is it protected by Copyright?

Copyright & Fair Use Guidelines for Educators* 

Media or Material

What You Can Do

Author

Illegal without Explicit Permission

Artwork or graphic image 

Chart, diagram, graph, drawing, cartoon, picture, web page image

Single copy for teacher for research, teaching, or class preparation.

Multiple copies (one per student per class) okay if materials are 1) adequately brief, 2) spontaneously copied, 3) in compliance with cumulative effect test.

No more than 5 images of an artist/photographer in one program or printing and not more than 10% or 15% of images from published collective work, whichever is less.

Copyright notice and attribution required. 

Fair Use Guidelines for Educational Media

Multiple copies used again and again without permission.

Multiple copies to create anthology.

Multiple copies to avoid purchase of textbook or consumable materials.

Incorporation or alternation into another form or as embellishment, decoration for artistic purposes for other than temporary purposes.

Broadcast television programs

Single copy of off-air broadcast may be used for instruction. 

Use by only individual teachers. 

Copyright notice required.

Congress

Multiple copies prohibited.  Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited. 

Some programs strictly limit copying privileges.

Cable television

Congress defined guidelines for TV programs before cable television was a factor.  Cable programs are not technically covered by the same guidelines as broadcast television.

May be used with permission.  Many programs may be retained for years ? depending on the program.  Check with cable network or copyright permission.

Cable systems and their associations

 

Chapter from a book

Article from a periodical, short story, essay or poem, chart, graph, diagram, drawing, cartoon, picture

Single copies for teacher for research, teaching, or class preparation.

Multiple copies (one per student per class) okay if materials are 1) adequately brief, 2) spontaneously copied, 3) in compliance with cumulative effect test.

No more than nine instances per class per term.

Copyright notice and attribution required.

United States Copyright Office, Circular 21

Multiple copies used again and again without permission.

Multiple copies to create anthology. 

Multiple copies to avoid purchase of textbook or consumable materials.  Copying cannot substitute for buying. 

Consumables cannot be copied.

Do not make copies every term.  Seek permission to do so. 

Copies may be made only from legally acquired originals.

Multiple copies for more than one course in the school. 

Computer games

Do not copy.

 

Reproduction or decompilation of copyrighted computer games or code or control mechanisms of same, even for educational use, is prohibited.

Computer software (purchased or licensed)

Software may be lent by a library.

Software may be installed at home and at school.

Software may be installed on multiple machines.

Software may be copied for archival use to replace lost, damaged, stolen, copies.

Software can be distributed to users via a network.

Librarians may make archival copies.

Section 107 and 108 of Copyright Act and subsequent amendments.

The number of machines being used must never exceed the number of licensed. 

The number of simultaneous users must not exceed the number of licenses. 

A network license may be required for multiple users.

Fair Use Test

Looks at four factors to determine if copying is permissible. 

Interpretation can only be decided upon by a court of law therefore it is advisable to stay within the Fair Use Guidelines that have been agreed upon by many parties on both sides of the copying issue.

Copyright Act

Four factors:

1)  purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational use only.

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.

4)  the effect of the use upon the potential market for or value of the copyrighted work.

Internet/World Wide Web connections

The Internet is a 'fixed medium' that includes pictures, sounds, motion media, email, etc.

At this time you can link to another site without permission, however as a professional courtesy, let the web master know.

 Follow the policy of any Internet site that has published its copyright policy.

 Include permission statement when you copy from an Internet site.

Guidelines for music, poetry, databases, text, pictures etc. also apply to material copied off the Internet. 

Fair Use Guidelines for Educational Multimedia

 
Digital Millennium Copyright Act, 1998

Do NOT post your multimedia project on the Internet when it includes copied items unless you have specific permission to use each copied item.

Motion media --film, videotape (rented or purchased), DVD, laser discs productions

Teachers may use these materials in the classroom without restrictions of length, percentage or multiple use IF viewing is dedicated to face-to-face instruction in a non-profit educational institution.

May be copied for archival purposes or to replace, lost damaged or stolen copies IF replacements are unavailable at a fair price or are available only in obsolete formats (e.g., betamax). 

Section 110 of the Copyright Act

Cannot be used for entertainment or reward.

Cannot charge a fee for showing the film.

Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited.

Multimedia guidelines

Keep within the parameters allowed by copyright when including any materials (text, music, motion media, illustrations, etc) in a student production.

Students may retain a copy of a multimedia production as part of their portfolios.

Place notice on the first screen of every multimedia work that certain material in the presentation was utilized under the multimedia fair use exemption.

 

Fair Use Guidelines for Educational Multimedia

Do not make more than 2 useable copies of any type of student project.  Multiple creators of a project may each have a copy.  One copy can be kept for reserve status.

Do not place any student project that includes copyrighted material on the Internet.

Do not make alternations in portions of a copyrighted work unless the alternations support specific instructional objectives.  It must be noted in the presentation that these alterations have been made.

Music 

Sheet music, songs, lyrics, operas, musical scores, compact disk, disk or cassette taped recordings

Single copy of up to 10% of a musical composition in print, sound, or multimedia form may be performed and displayed as part of an educator or student multimedia program for educational purposes.

 A single copy of a student's performance can be made for purposes of evaluation and rehearsal. 

 

 

Fair Use Guidelines for Educational Multimedia

Multiple copies prohibited.  Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited. Some authorities limit use to a maximum of 30 seconds.

A sound recording may involve three copyrights:  one for the music score, one for the recording of the music and a third for the arrangement.  It is possible for the music score to be in the public domain but the arrangement to be under copyright.

Newspaper/ magazine article

Single copies for teacher for research, teaching, or class preparation.

Multiple copies (one per student per class) okay if materials are 1) adequately brief, 2) spontaneously copied, 3) in compliance with cumulative effect test.

 Copyright notice and attribution required. 

Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less.

 For works of 2,500-4,999 words, 500 words may be copied.

United States Copyright Office Circular 21

Multiple copies used again and again without permission 

Multiple copies to create anthology 

Multiple copies to avoid purchase of textbook or consumable materials

 

Photographs, illustrations, graphics

Single works may be used in their entirety but not more than 5 images by an artist or photographer. 

From a collection, not more than 15 images or 10%, whichever is less.

Fair Use Guidelines for Educational Multimedia

Older illustrations may be in the public domain, but the collection may be copyrighted.

Poem

Single copies for teacher for research, teaching, or class preparation. 

Multiple copies (one per student per class) okay if materials are 1) adequately brief, 2) spontaneously copied, 3) in compliance with cumulative effect test.

Copyright notice and attribution required.

No more than nine instances per class per term.

Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages. 

Multiple copies of up to 250 words from longer poems.

United States Copyright Office Circular 21

Multiple copies used again and again without permission. 

Multiple copies to create anthology. 

Multiple copies to avoid purchase of textbook or consumable materials.

 

Prose, short story, short essay, web article

Single copies for teacher for research, teaching, or class preparation. 

Multiple copies (one per student per class) okay if materials are 1) adequately brief, 2) spontaneously copied, 3) in compliance with cumulative effect test.

Copyright notice and attribution required.

Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less .

For works of 2,500-4,999 words, 500 words may be copied.

United States Copyright Office Circular 21

Multiple copies used again and again without permission. 

Multiple copies to create anthology.

Multiple copies to avoid purchase of textbook or consumable materials.

 

Video, see Motion Media

 

 

 

Video for integration into multimedia projects

 
Videotapes, DVD, laser discs, QuickTime movies, CD ROM

Students "may use portions of lawfully acquired copyrighted works in their academic multimedia."

 Proper attribution and credit must be noted for all copyrighted works included in multimedia including those prepared under fair use.

Fair Use Guidelines for Educational Multimedia

The material must be legitimately acquired (not bootleg or home recording).

A work if "the existing format in which a work is stored has become obsolete"

A librarian can make up to three copies "solely for the purpose of replacement of a copy...that is damaged, deteriorating, lost or stolen."

Section 108, Copyright Act (1976) as amended by the Digital Millennium Copyright Act

The library must first determine that after "reasonable investigation that copy...cannot be obtained at a fair price" or that the format is obsolete.

 *Adapted from a document created by the School District of Palm Beach County.