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- Contents
- LCC Library's Copyright Policies
- The Fair Use Doctrine
- Permissions
- Guidelines for Print Material
- Guidelines for Music
- Guidelines for Recording of Broadcast Programming
- Guidelines for Tapes Rented from Video Outlets
- Guidelines for Copying of Computer Software
In general, the Copyright Law prohibits reproducing and distributing copyrighted works. However, the "Fair Use Doctrine", set forth in Section 107, allows a limited amount of copying for purposes such as teaching and scholarship. In determining whether the use made of a work in a particular case is a Fair Use, the factors to be considered include:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyright work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
Committees including educators, lawyers, and publishers appointed by Congress have developed guidelines to interpret the "Fair Use" provisions for reproducing certain types of materials. If in doubt about the guidelines or if your desire to copy exceeds the guidelines, it is possible to request permission to reproduce and distribute the material. Currently, LCC Office of Instruction Administrative Procedures do not allow any copying without written permission from the copyright owner. Therefore, written permission should be acquired in all cases of copying.
Any copying of copyrighted material beyond that covered by the Fair Use Doctrine (and all copying at LCC) can only be done if the copyright owner grants permission. It is important to remember that you must allow sufficient time for the request to be granted. This may take more than 2 months from the date of the request. Requests cannot be granted over the telephone; they must be in writing. It is not advisable to request a blanket permission. The more mediums that are involved with a work, the more complex the permission process will probably be (e.g. an audiovisual may include words, music and pictures, all of which may have different copyright owners).
The following is a suggested format for a letter requesting permission to reproduce copyrighted material:
(Date)
Permission Department
(Publisher and Address)
Dear :
I request permission to reproduce the following materials:
(Include the title, author, number of pages, frames, footage, etc. Provide a full description giving complete citation or pages, opening lines and closing lines, frames used, etc. What is required is an actual description of what is to be used.)
These materials will be used (describe the format: printed materials for distribution in class, slides copied, transferred to videotape, etc.)
I propose to make copies of this material which will be distributed to during the . (Indicate the number of copies to be made, who will receive them, whether or not they will be distributed free or sold, if sold state price. Indicate clearly that the copies are for limited educational use within the College and will not be used for mass production, distribution or resale.)
Please let me know what conditions, if any, apply to this use or whether any third parties must also be contacted for permission. Please include the names and addresses of any such third parties.
Sincerely,
(Your Name)
Publisher's Permission
Conditions, if any:
Permission granted:
Signature
Date
Typed name and Position
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:
1. A chapter from a book.
2. An article from a periodical or newspaper.
3. A short story, short essay or short poem, whether or not from a collected work.
4. A chart, graph, diagram, drawing, cartoon, picture from a book, periodical or newspaper.
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; providing that:
1. The copying meets the test of brevity and spontaneity as defined below
2. Meets the cumulative effect test as defined below
3. Each copy includes a copyright notice
Brevity
1. Poetry: a complete poem if less than 250 words and if printed on more than 2 pages, or from a longer poem, an excerpt of not more than 250 words.
2. Prose: either a complete article, story or essay of less than 2,500 words, or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.
Each of the numerical limits stated in 1. and 2. above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.
3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
4. "Special" works: Certain works in poetry, prose or in "poetic prose" may fall short of 2,500 words in their entirety. Paragraphs (i) and (ii) above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.
Spontaneity
1. The copying is at the instance and inspiration of the individual teacher, and
2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
Cumulative Effect
1. The copying of the material is for only one course in the school in which copies are made.
2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
3. There shall not be more than nine instances of such multiple copying for one course during one class term.
The limitations stated in 2. and 3. above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.
Prohibitions
Notwithstanding any of the above, the following are not permitted:
1. Copying to create or replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.
2. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
3. Copying shall not substitute for the purchase of books, publishers' reprints or periodicals; be directed by higher authority; and be repeated with respect to the same item by the same teacher from term to term.
4. No charge shall be made to the student beyond the actual cost of the photocopy.
1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance, provided purchased replacement copies shall be substituted in due course.
2. For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement of aria, but in no case more than 10% of the whole work. The number of copies shall not exceed one copy per pupil. For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) that is confirmed by the copyright proprietor to be out of print, or unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his or her scholarly research or in preparation to teach a class.
3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.
4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or an individual teacher.
5. A single copy of a sound recording (such as a tape, disc or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.
Prohibitions
1. Copying to create or replace or substitute for anthologies, compilations or collective works.
2. Copying of or from work intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
3. Copying for the purpose of performance.
4. Copying for the purpose of substitution for the purchase of music.
5. Copying without inclusion of the copyright notice which appears on the printed copy.
1. The guidelines were developed to apply only to off-air recordings (not cablecast-only material) by non-profit educational institutions. Not all producers accept these guidelines.
2. A broadcast program may be recorded off-air simultaneously with broadcast and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after the date of recording. Upon the conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are televised programs transmitted by television stations to the general public without charge (but it is permissible to record from a simultaneous cable retransmission).
3. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) days consecutive school days in the forty-five (45) calendar day retention period. "School days" are school session days - not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions - within the forty-five (45) calendar day retention period.
4. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.
5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
6. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes i.e. to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
7. Off-air recordings need not be used in their entirety, but the recordings may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines. These provisions are set forth in OIAP.
The sale or rental of prerecorded videocassettes and videodiscs does not confer any public performance rights upon the purchaser or renter.
Public or performance rights are conveyed only through the acquisition of a separate license from the copyright owner. It is a violation of federal law to exhibit prerecorded videocassettes and videodiscs beyond the scope of the family and social acquaintances, regardless of whether or not admission is charged. Ownership of videocassettes and videodiscs does not constitute ownership of the copyright.
Notwithstanding the above, Section 110 (1) of the Copyright Law specifically allows for performances and displays in face-to-face teaching activities under the following conditions:
1. The copies must be legitimate copies, i.e. either purchased from legitimate sources, leased from a licensed distributor, or taped in accordance with the above off-air guidelines.
2. The performances and displays must take place in a classroom or similar place devoted to instruction.
3. The performances and displays must be part of a systematic course of instruction and not for entertainment, recreation or cultural value.
4. The performances and displays must be given by instructors or pupils.
5. The performances and displays must be given in the classroom or other place devoted to instruction and not transmitted to broadcast or cable television.
6. The performances and displays must be part of the teaching activities of a non-profit educational institution.
7. The performances and displays are limited to instructor, pupils and guest lecturers.
Copying of software is controlled by provisions in the Copyright Law and by license agreements provided by individual companies.
Under Copyright Law, Section 117, the owner of a copy of a software program may make a copy of the program under two situations:
1. The copy is created as an "essential step in the utilization of the program in conjunction with a machine and that it is used in no other manner" (translation: you can load the program in the CPU of the computer or onto the hard disk).
2. The copy is for archival purposes only.
A Site License or Network License is a license granted by the publisher which would allow copying or use of the program beyond the normal restrictions of the Copyright Law.
Public Domain software has been released by the developer/publisher for use without copyright protection and can be freely copied and distributed. (but before you do, make sure it is really public domain).
The Fair Use exception to the Copyright Law would probably only apply to the copying of a small portion of the code for use in classes studying computer programming.
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Building, 4000 East 30th Ave, Eugene, OR 97405 Questions or comments regarding this website can be directed to Don Macnaughtan. Email: macnaughtand@lanecc.edu. This page was last updated: 21 December, 2004 ©2004 Lane Community College |
