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Appendix J.1 Campus Copyright Policies

CAMPUS COPYRIGHT POLICY

An ad hoc Copyright Committee was created in the summer of 1989 to discuss the Copyright Act of 1976 and the problem of educators' needs versus the rights of publishers and producers. The following concerns were discussed by the committee:

  1. Problems associated with the lack of specific, practical guidance on what copying falls within fair use.

  2. Rights of publishers and media producers to preserve their time and monetary investments and the needs of educators to make appropriate materials available to their students.

  3. Abuses in the use of copyrighted materials which may result in legal action against individuals, departments, and institutions.

  4. Ethical issues as related to the copyright law.

To inform faculty and staff of these issues and to provide direction, the following guideline series has been complied:

  1. Copying Software

  2. Using Videotapes

  3. Off-Air Taping

  4. Audiovisual Works

  5. Photocopying Copyrighted Materials

J 1.1: Copying Software

First in the Copyright Series

You may:

  1. Copy software for archival (backup) purposes.

You may not:

  1. Buy some software and copy it for use by several people at the same time.

  2. Buy some software and loan it to your friends, while you keep using the original copy.

  3. Buy some software and sell copies of it.

Some companies allow you to:

  1. Buy a single copy of software and place a copy on your computer at home and at the office, as long as both copies are not used at the same time.

  2. Pay a flat fee and use the software anywhere at a given location.

  3. Buy one full copy and then pay a small fee for each additional computer that will use the software.

Generally:

A good guideline on copying software is to treat it like a book. For instance, a piece of software may typically be used by any number of people and on any number of computer locations, as long as there is no possibility of its being used by more than one person at a time at different computers, just as a book cannot be read by two people at different locations at the same time.

If you have any questions, call the companies.

J 1.2: Using Videotapes

Second in the Copyright Series

You may:

  1. Show a legitimate rented video once to students in a classroom, unless multiple showings are permitted in the rental agreement.

  2. Show a pre-recorded videotape labeled For Home Use Only to teachers and students in a regularly-scheduled course, for instructional purposes only.

  3. Copy a videotape for instructional purposes when permission has been granted in writing by the copyright holder, specifically for that purpose.

  4. Retain and use legitimate copies of videotapes as authorized by the copyright holder, or as specifically permitted under the Fair Use guidelines.

You may not:

  1. Show any videotape that is not a legitimate copy.

  2. Retain and use an off-air recording beyond that permitted under the Off-air Recording guidelines.

  3. Copy a copyrighted videotape for any reason unless approval is specifically granted in writing by the copyright holder.

  4. Show a videotape labeled For Home Use Only to any group of individuals aside from a regularly-scheduled course and classroom.

  5. Show in any university-related facility a For Home Use Only videotape for entertainment, recreation, or cultural values. This prohibition includes club sponsored activities or fund-raising programs.

  6. Allow any individual other than the instructor and those registered for the course to view a legitimate showing of a videotape labeled For Home Use Only.

J 1.3: Off-Air Taping

Third in the Copyright Series

Guidelines for Commercial Broadcasts

You may:

  1. For educational purposes, videotape a TV program and retain it for forty-five (45) consecutive days. Be sure to include the copyright notice on the recording. After forty-five (45) days the recording must be erased.

  2. Show a videotaped recording twice in one course during the first ten (10) days of the retention period.

  3. Hold the tape for the rest of the forty-five-day period to decide whether to seek licensing.

You may not:

  1. Alter videotaped recordings from their original content or physically or electronically combine or merge videotapes to create teaching anthologies or compilations.

Guidelines for Non-Commercial Broadcasts

You may:

  1. For educational purposes, videotape a program and retain it for seven (7) days.

  2. Show the recording, for educational purposes, any number of times during the seven-day period.

You may not:

Show the videotape recorded off-the-air for entertainment, recreation, or cultural values, in any university-related facility. This prohibition includes club sponsored activities or fund-raising events.

Contact the TV License Center, 5447 North Ravenswood Ave., Chicago, IL 60640, in advance, for written permission concerning exceptions to these guidelines.

J 1.4: Audiovisual Works

Fourth in the Copyright Series

You may:

  1. Create a slide or overhead transparency series from multiple sources as long as creation does not exceed ten (10) percent of photographs in one source (book, magazine, filmstrip, etc.), unless the source forbids photographic reproduction.

  2. Create a single overhead transparency from a single page of a consumable workbook.

  3. Reproduce selected slides from a series if reproduction does not exceed ten (10) percent of the work or constitute its essence.

  4. Excerpt sections of a film for a locally-produced videotape (not to be shown over cable) if the excerpt does not exceed ten (10) percent of the work or constitute its essence.

  5. Narrate on tape, and then duplicate, stories or literary excerpts as long as similar materials are not available for sale.

You may not:

  1. Duplicate tapes unless reproduction rights were given at time of purchase.

  2. Reproduce musical works or convert to another format (e.g., record to tape).

  3. Reproduce commercial ditto masters, individually or in sets (including multimedia kits) if they are available for sale separately.

  4. Reproduce any copyrighted AV work in its entirety.

  5. Convert one media format to another (e.g., film to videotape, even though the University has purchased the film) unless permission is secured in writing from the copyright holder.

  6. Salvage useful frames from a discarded filmstrip to use for personal purposes.

  7. Tape the audio portion of a televised documentary for later playback.

J 1.5: Photocopying Copyrighted Materials

Fifth in the Copyright Series

You may:

  1. For personal research make a single copy of a chapter, article, short story, essay, short poem, cartoon, etc.

  2. Make multiple copies (one copy per student) provided that:

    1. The portion copied is brief and the copying is spontaneous.

    2. Copies will be used for only one course during one term.

    3. Only one excerpt from an author or no more than three excerpts from the same collective work or periodical volume are made during one class term.

  3. Copy without restriction most U.S. Government publications.

  4. Copy without restriction materials with copyright dates prior to 1906.

You must:

  1. Include the full bibliographic citation on the material copied.

You may not:

  1. Create your own anthology or compilations using photocopied materials.

  2. Copy from works intended to be consumable in the course of study or teaching.

  3. Copy to substitute for purchase of books, publishers' reprints, or periodicals.

  4. Copy the same item from term to term.

  5. Direct all your students to copy an item for class use.

  6. Charge students for anything beyond actual costs of photocopying.

Generally:

You may write to the publisher and seek permission to copy specific materials repeatedly for your classes from term to term or to have them placed on permanent reserve at the library. Photocopying should not have a significant detrimental impact on the market for the copyrighted work. To place photocopies on reserve, please refer to the Reserve Guidelines provided by the library staff.