COPYRIGHT POLICY FOR HUGH STEPHENS LIBRARY

Last updated:  01/25/2007

DISCLAIMER: This policy does not cover the Stephens College campus as a whole. It only serves as a guideline and example of conduct for the staff and patrons of the Library.

Copyright at Stephens College Library

 

What is copyright?

Copyright Law : a brief overview

Copyright Law, (U.S. Copyright Act, title 17 U.S. Code) gives specific rights to the creators and distributors of creative works so that creativity is encouraged in our culture and so that copyright owners can realize a profit from their creative endeavors. Copyright law begins with the premise that the copyright owner has exclusive legal rights to many uses of a protected work, notably rights to reproduce, distribute, make derivative works, and publicly display or perform the work.

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy (written, printed, pictorial or graphic, film, or video form) or in a phonorecord (music recordings) for the first time. You must assume that most creative works are protected by copyright . Copyright protection covers works that are both published (including out-of-print), and unpublished. Almost everything written or created privately and originally after April 1, 1989, is copyrighted and protected whether it has a copyright notice or not. (Go to the link for Public domain and duration of copyright ).

If you are not a copyright holder for a particular work, as determined by the law, you must ordinarily obtain copyright permission prior to reusing or reproducing that work. Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner. This act of infringement breaks federal copyright law. However, certain statutes make specific allowances, or exceptions, for eproductions made by individuals or libraries. These exceptions or exemptions under limited circumstances are called " Fair Use " privilege. You should determine if the copies that you choose to make are allowed under the " Fair Use " privilege beforehand. The library has a checklist to help you make that determination. (Go to the link for " Fair Use " for the checklist and instructions).

 

"Fair Use"

•  Checklist for "Fair Use"

 

"Fair Use" in an educational setting

There is no "right" of "Fair Use." Copyright law protects the rights of the copyright holder, whether the work is published or unpublished. There are, however, certain exceptions or exemptions. Section 107 of the Copyright Act of 1976 is called the "Fair Use" statute and allows for reproduction of copyrighted works under certain limited circumstances.. "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" may be allowed. If the intended reproduction of the work falls under one of the purposes outlined above, then a determination as to whether the reproduction is "Fair Use" must be made based on the four factors below. Just because a reproduction/copy may be for educational or teaching purposes will not guarantee that it is, in fact, "Fair Use." The student or faculty member may be breaking copyright law and may be liable in court if they have not considered the "Four Factors" below before making their reproductions or copies.

Guidelines for judging "Fair Use," the " Four Factors "

 

Checklist for "Fair Use"

The link below offers a checklist to help you think through the process of what is "Fair Use" in an educational setting. The form walks you through a more detailed explanation of the " Four Factors " above so that you can best judge "Fair Use" for yourself. Print off the list at this link (it is ok, we have permission), and fill it out honestly. (Stephens Library also keeps copies of this "Fair Use" checklist in paper form-just ask at the Circulation desk). Retain the checklist you filled out so that if there is a question down the road (in case you are challenged by the copyright owner), you will have the paperwork handy so that just a glance will help you remember why you chose to copy, or post a document or image, or perform a copyrighted work.

Checklist to determine "Fair Use," designed by Kenneth D. Crews, the Copyright Management Center, Indiana University.

 

 

Public domain and duration of copyright

•  What is not covered by copyright?

•  Public domain

•  Duration of copyright

 

"What is not covered by copyright?"

Certain items do not qualify for protection under copyright law. There are several reasons for this. There are items that do not qualify at all, for example, ideas which have never been fixed in any tangible form. Also strictly factual information such as that in lists and directories; and names, titles, and common symbols are considered to be culturally shared by the greater public. Government documents paid for by public funds also fall into the category of public domain. And sometimes documents of creative authorship are no longer protected under copyright because the term of copyright protection has expired.

These items do not qualify for copyright protection:

 

Public domain

A work of authorship is in the "public domain" if it failed to meet the requirements for copyright protection to begin with (see the list above) or if it is no longer protected, in other words, the copyright protection has expired. Works in the public domain may be used or reproduced freely .

Duration of copyright

Though copyright holders/owners are protected for a long period of time, the term of copyright will eventually expire unless the copyright is renewed or transferred. Duration of the term of copyright is very complicated. After the enactment of the Sonny Bono Copyright Term Extension Act (PL 105-298, 112 Stat. 2827 (1998)) the general rule of thumb is that items copyrighted (created) after January 1, 1978 are protected for the life of the copyright owner plus seventy years and items created prior to Jan. 1, 1978 vary. Because of this complexity it is best to refer to a chart for duration of copyright to attempt to determine if the document or object in question is still covered by copyright or whether it is now likely to be in the public domain. The URLs below link to the charts for duration of copyright . If you are unsure you should seek permission from the copyright owner or seek legal counsel.

Laura N. Gasaway's chart

Peter B. Hirtle's chart (Cornell version)

 

Seeking copyright permission

•  Obtaining permission

•  The Copyright Clearance Center

•  Sample permission letter

Obtaining permission

Determine whether the item that you wish to reproduce/copy is protected by copyright or whether it is in the public domain. Then use the " Checklist for Fair Use " (remember to print off a copy for your files) to establish your purpose based on the "Four Factors. The checklist will help you determine whether you need to get permission or whether this project (document) that you are working on is covered under "Fair Use." Remember that if you are making copies in order to avoid purchasing extra copies of a book or paying for additional journal article copies you are probably breaking copyright law even in an educational setting . Use the online link "Checklist for "Fair Use"" for the checklist in a pdf version or use the paper forms of the "Checklist" that the Library keeps on hand at Circulation.

If your project does not comply either with the allowed exceptions, (if your reproduction or copy/copies of the work do not fall under "Fair Use," nor are they in the public domain), then you need to obtain permission to reproduce, copy, or post any documents or images in paper form or online. Stephens Library can assist faculty and staff by pointing them toward resources that will enable them to obtain copyright permission either directly through the copyright holder (the publisher, author, or artist), or through a copyright clearing house.

The Copyright Clearance Center

The easiest way to seek permission is through the Copyright Clearance Center. The CCC, as it is called, is a reproduction rights organization (RRO). They serve as a broker between copyright owners and the public. They have Pay-Per-Use Services online allowing individuals or academic institutions to seek permission on an item-by-item basis. You can obtain permission for several types or formats including text-based documents, and electronic and digital documents and images. The Copyright Clearance Center will do the footwork to obtain permission and they will charge you for their services. Use the link at http://www.copyright.com to secure permission. Remember to keep copies of your paperwork including any permission(s) granted and receipt of payment for the copyright clearance services rendered.

If faculty or staff would rather obtain permission directly through the copyright holder than the library can provide sample letters for requesting permission. Remember to plan ahead as obtaining permission may take some time.

Sample permission letter

 

Making copies in the Library

•  Students

•  Faculty

•  Reserves

•  Interlibrary Loan

•  Preservation

Students

Students may photocopy journal articles or a chapter from a book when the purpose is for education, study or research purposes under "Fair Use." Stephens students may print out articles or documents from the Stephens Library online databases, or make photocopies of a chapter of a book or articles from the journals or magazines. They may also make a copy of documents that faculty members have placed on Reserve, or they may place requests for copies of journal articles and documents (under 50 pages), or a chapter of a book through Interlibrary Loan--also for purposes of education or research. Remember that if you are making copies in order to avoid purchasing a book or books, or paying for additional journal article copies, then you are probably breaking copyright law even in an educational setting. Your copies are for your own private use for study and research-if you are sharing them with others you may be breaking copyright law.

Copying videotapes, DVDs or CDs without the copyright owner's permission is illegal. Audiovisual materials checked out from the Library may be viewed by an individual in a private setting or by a larger group in a classroom setting under certain conditions:

•  The materials must be shown as part of the instructional program.

•  They must be shown by students, instructors, or guest lecturers.

•  They must be shown either in a classroom or other school location devoted to instruction.

•  They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.

•  They must be shown only to students and educators.

•  They must be shown using a legitimate (not illegally reproduced) copy with the copyright notice included.

Prohibitions include:

•  Films or videos, even in a face-to-face classroom setting, may not be used for entertainment or recreation, whatever the work's intellectual content.

•  No fees for viewing a film or video are permitted even if public performance rights have been obtained.

Music scores are shelved at the Circulation desk of the Library. They have a two-hour check out period. Under no circumstances are they allowed to leave the Library.

Faculty

How the Library can help

The faculty member is responsible for either determining "Fair Use" or for obtaining copyright permission for each instance of the reproduction of copyrighted material. You must assume that most creative works are protected by copyright. Almost everything written or created privately and originally after March 1, 1989, is copyrighted and protected whether it has a notice or not . (See Public domain and duration of copyright). Note also that when a book is "out-of-print" that does not mean that it is in the public domain. Even hand written manuscripts that have never been and will never be published are still copyrighted and protected by copyright law.

The library can provide forms to help faculty members determine "Fair Use" or to obtain copyright permission before copying or reproducing an item. The faculty member may pick up these forms at the Library Circulation desk or they are also available by clicking on the links below. By filling out and printing off the checklist for "Fair Use," the instructor can gauge "Fair Use" for any given project/document they may be working on. Also, to obtain permission from the copyright holder/owner the library has links to the Copyright Clearance Center and also to a sample letter to use when writing to publishers to get permission.

Checklist to determine "Fair Use," designed by Kenneth D. Crews, the Copyright Management Center, Indiana University.

 

Photocopying

Faculty should follow these guidelines for copying materials for research or preparation for teaching. Use other guidelines (below) as appropriate for multiple copies for classroom use, reserves, or coursepacks .

Single copying for teachers: a single copy of any of the following may be made by an instructor for scholarly research or use in teaching or preparing to teach a class:

•  A chapter from a book.

•  An article from a periodical or newspaper.

•  A short story, short essay or short poem, whether or not from a collection.

•  A chart, diagram, graph, drawing, cartoon or picture from a book, periodical or newspaper.

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Copyright in the classroom

The guidelines below are used by the Copyright Clearance Center and other academic institutions to help educators interpret the Fair Use provisions relating to classroom copying for educational use. These guidelines do not cover coursepacks . (See Coursepacks below)

Multiple copies for classroom use: multiple copies (not to exceed more than one copy per pupil in a course) may be made by or for the teacher giving a course for classroom use or discussion, provided that the use meets the tests of brevity, spontaneity, and cumulative effect as outlined below. Also each copy will need to include a notice of copyright. (The Library can provide a sample of the wording for the copyright notice).

Brevity:

1. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or (b) an excerpt of not more than 250 words from a longer poem.
2. Prose: (a) Either a complete article, story or essay of less than 2,500 words or (b) an excerpt from any prose work provided the excerpt is not more than 1,000 words or 10% of the work, whichever is less.
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 "poetic prose" which often combine language with illustrations and are intended for children and/or a more general audience fall short of 2.500 words in length. Such "special works" may not be reproduced in their entirety. However, an excerpt comprising not more than two of the published pages and not more than 10% of the words found in the text 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, with no more than one copy per student in the course.
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 (semester).
3. There shall not be more than nine instances of such multiple copying for one course during one class term (semester).

Prohibitions:

1. Copying shall not be used to create, replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or are reproduced and used separately. (See Coursepacks below)
2. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching - such as workbooks, exercises, standardized tests, test booklets and answer sheets.
3. Copying shall not:
1. substitute for the purchase of books, publisher's reprints or periodicals;
2. be directed by higher authority,
3. 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 photocopying.

Coursepacks

Coursepacks are addressed in the Library's copyright policy because faculty may be considering reproducing chapters of books, or journal articles to put together a coursepack . It is the responsibility of the faculty member to obtain permission for all materials reproduced and distributed through coursepacks . Photocopying to compile a collection or "anthology" of materials for a coursepack does not fall under "Fair Use." You should obtain permission, for every article or chapter in a coursepack derived from copyrighted material, from the various copyright holders or their agents. Faculty should consult with the Stephens College Bookstore Manager in order to compile an academic coursepack and to achieve proper copyright compliance.

Coursepacks may be produced by print services within an academic institution or by external vendors such as copy shops. The faculty member must confirm that the appropriate copyright permissions have been acquired otherwise both the copy shop and the academic institution may be found liable for copyright infringement. E- coursepacks or online collections of articles, book excerpts, or other materials collected by an instructor for student use also require copyright permissions as well.

The faculty member is responsible for obtaining copyright permission for the materials in the coursepack . Be sure that appropriate permission has been granted and that fees have been paid whether you do this yourself by contacting the copyright holders, agents, or publishers; or by going through the Copyright Clearance Center; or whether you verify that the copy services vendor has obtained the appropriate permissions. Deferring responsibility for copyright permission will not provide you protection against a claim of copyright infringement.

Anticipate that obtaining permission may take time and plan accordingly. The cost of obtaining copyright permission is often built in to the price that the student is charged for the coursepack , however, individuals who purchase coursepacks should not be charged in excess of the cost of reproduction and copyright fees.

To assist in obtaining copyright permission for coursepack materials be sure to include:

Based on the information you provide, the Copyright Clearance Center or the copyright holder will specify permission details, terms and conditions, as well as any applicable fees. Copyright permission for coursepacks is usually granted by the academic period. To reuse a coursepack in subsequent academic periods you need to obtain permission again. (See Seeking copyright permission for more details about obtaining permission).

The Library will not put coursepacks on Reserve without proof that copyright permissions have been obtained.

Other Copyright issues for faculty

Consult with Campus Computing and Telecommunications for current copyright information relating to computers or software, the Internet and webpages , Blackboard, downloading, and file sharing.

Copying videotapes, DVDs or CDs without the copyright owner's permission is illegal. Audiovisual materials checked out from the Library may be viewed by an individual in a private setting or by a larger group in a classroom setting under certain conditions:

1. The materials must be shown as part of the instructional program.
2. They must be shown by students, instructors, or guest lecturers.
3. They must be shown either in a classroom or other school location devoted to instruction.
4. They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.
5. They must be shown only to students and educators.
6. They must be shown using a legitimate (not illegally reproduced) copy with the copyright notice included.

 

Prohibitions include:

1. Films or videos, even in a face-to-face classroom setting, may not be used for entertainment or recreation, whatever the work's intellectual content.
2. No fees for viewing a film or video are permitted even if public performance rights have been obtained.

 

For performance of copyrighted works in the classroom you should familiarize yourself with provisions of the TEACH Act. (See links to the TEACH Act, under the link to Copyright Laws).

Faculty members may wish to contact the Academic Affairs office for advice on copyright issues that seem to fall outside of "Fair Use" in an educational setting. Administrators can advise whether the College's legal counsel should be consulted in such circumstances.

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Reserves

Reserves are considered an extension of classroom teaching. Materials may be put on Reserve to supplement teaching and to give all students equal access to this supplemental information. Academic libraries may place on Reserve a limited number of copies of articles, chapters and portions of other copyrighted works. Copies include reproductions such as photocopies, phonorecordings , or other audiovisual recordings in electronic or digital forms. Reserve items are limited to one term.

---

NOTICE: This material may be protected by copyright law

 

Please allow three working days for the Library to process the items to go on Reserve. It is suggested that you use a Reserve work form, available at the Circulation desk, when placing materials on Reserve. This form asks for all information needed for processing the materials including whether you have already secured copyright permission if needed. A Library staff member will contact you if they have further questions.

Reserve at Stephens Library will use the ratio of one article copy for every ten students in a class. For articles in excess of that ratio, either the excess copies will be returned to the instructor, or permission must be obtained. If the Library must pay to obtain copyright compliance, for whatever reason, those costs will be forwarded to and billed back to the printing account of the instructor's department.

The materials will come off of Reserve at the end of the semester. Faculty members will get a reminder to pick up their materials. If a faculty member needs to have a journal article placed on Reserve that has been on Reserve the previous semester, then the faculty member must seek copyright permission in a timely manner for that article to be placed on Reserve again.

Music scores and song-books are shelved at the Circulation desk of the Library. They have a two-hour check out period. Under no circumstances are they allowed to leave the Library.

Electronic Reserves

Stephens Library does not offer this service at this time.

Interlibrary Loan

Section 108(d) of the Copyright Law authorizes the making of a single copy of an article or a copy of a small part of a copyrighted work for purposes of interlibrary loan providing the following conditions are met:

  

CONTU guidelines

CONTU guidelines were developed by the National Commission on New Technological Uses of Copyright Works to assist librarians in understanding the amount of photocopying for use in interlibrary loan arrangements permitted under the copyright law. These Guidelines interpret what was to become the proviso in Section 108(g)(2) of copyright law dealing with "systematic reproduction." Subsection 108(g)(2) prohibits systematic photocopying of copyrighted materials but permits interlibrary arrangements "that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of the work." It is important that on no account should photocopying be done to avoid subscribing to a periodical/journal or to avoid purchasing a copyrighted work.

 

For copying beyond the CONTU Guidelines, the library may need to obtain copyright permission directly from the copyright holder or from a copyright clearing house.

Stephens College Library Interlibrary Loan will not fill requests from other libraries for articles from journal titles that are only available through our online databases.

Notification of compliance for journal articles

Stephens College Library includes a notice of copyright compliance for the journal articles or other documents that it sends through document delivery, including computer transfer via Ariel ftp or e-mail attachment, fax, articles sent through postal mail, campus mail, delivery courier, or for articles printed from the online databases.

Preservation

Certain provisions within the copyright law allow libraries and archives to make copies (up to three copies in certain circumstances) for purposes of preservation, replacing obsolete formats, or for replacement of lost, damaged, deteriorating or stolen materials. The Library must follow certain guidelines to be in compliance with these section 108 privileges. One such restriction on these preservation-related copies is that these materials may only be used/viewed in the Library.

Link to Section 108 of the Copyright Act dealing with Limitations on exclusive rights: reproduction by libraries and archives.

 

Copyright and computers in the Library

•  Library policy toward computer use

•  Printing from the online databases

•  Additional policies related to copyright and computers

 

Library policy toward computer use

Stephens College Library follows and conforms to the Computing Policies and Guidelines that are posted by the Campus Computing and Telecom department at Stephens College. All new users of computers on Stephens College campus are required to acknowledge on an agreement form that they will comply with the stipulations outlined before using the computers and computer services that Stephens College has to offer. By reading and consenting to this agreement you have agreed to abide by all federal laws including the copyright laws of the United States . Campus Computing and Telecom, has copies of their policies, guidelines, and forms including this agreement available at their web site, on the official Stephens College web page under "Services." To view any of these materials use this link, http://www.stephens.edu/services/ccts/policies/

Printing from the online databases

The online databases that the library subscribes to for the use of Stephens College students, staff, and faculty allow printing of an article or articles for purposes of research and teaching. Our licensing agreements allow one copy per patron of each needed article. Only Stephens College community members (whether on campus or off-campus) will be able to access the databases to search for articles and to print off copies of articles or other documents that they find there. Students and faculty may need to go through their Blackboard accounts (Blackboard Learning Systems) to access the Library's databases from off campus.

Inappropriate reproduction of documents or articles from these databases would include posting the article to a web page, or copying/reproducing and sharing the document with others without permission.

Stephens College Library Interlibrary Loan will not fill requests from other libraries for articles from journals that are only available through our online databases.

Additional policies related to copyright and computers

For additional information regarding copyright policies pertaining to computers or online services, please contact Campus Computing and Telecommunication Services, (573) 876-2381. They can provide information about current copyright policies relating to federal law, Stephens College, or the College's Internet service provider. They can field topics such as file sharing, downloading programs or files, copyright on the Internet, and appropriate use of Blackboard course management software.

Copyright links

•  Best basic copyright sites and FAQs

•  Copyright compliance (getting permission)

Best basic Copyright sites and FAQs :

 

Copyright compliance (getting permission):

 

Links to Copyright law

•  U.S. Code, Copyright

•  Sonny Bono Copyright Term Extension Act

•  Digital Millenium Copyright Act, DMCA

•  The TEACH Act

 

U.S. Code, Copyright

The section of the United States law covering copyright is, U.S. Copyright Act, Title 17 U.S. Code. Copyright law lays out the rights of the copyright owner/holder, duration of copyright, "Fair Use" exceptions, and what constitutes infringement and the remedies involved. The sites below link to copies of the law in either html or pdf versions.

 

Sonny Bono Copyright Term Extension Act

Public Law 105-298, 10/27/98, amends U.S. Code title 17, ch . 3. It extended the duration of copyright protection to the copyright holder/owner. Use the link "Public domain and duration of copyright" for further information about duration of copyright.

 

The Digital Millenium Copyright Act, DMCA

The Digital Millennium Copyright Act of 1998, (DMCA) (P.L. 105-304), helps copyright holders of digital materials protect their digital content by forbidding circumvention of digital protections. DMCA has provisions protecting copyright management information such as the title of a work, the name of the author or copyright holder and other identifying information. Intentionally removing, circumventing, or altering either the technological restrictions or controls (i.e. passwords or encryption) or the copyright management information is illegal. Certain exceptions apply in the case of libraries or archives that may need to make copies for purposes of preservation, or for research purposes falling within "Fair Use." The DMCA also provides limited liability for university networks acting as internet service providers (ISPs) for students and faculty providing that certain requirements are met.

 

The TEACH Act

The Technology, Education and Copyright Harmonization Act of 2002, amended section 110(2). The language for the new provisions is convoluted and complex. It does gives faculty and librarians further options under the law concerning performance in the classroom as well as copyright for distance education applications including performance and display. Faculty may wish to familiarize themselves with the issues involved and print off the checklists below before performing copyrighted works in a classroom setting or for distance education.

Sources

10 Big Myths about Copyright Explained , Brad Templeton.

   http://www.templetons.com/brad/copymyths.html

The American Library Association .

Copyright Site Map http://www.ala.org/ala/washoff/woissues/copyrightb/copyright.html#pages

The Campus Guide to Copyright Compliance , Copyright Clearance Center, 2005.

   http://www.copyright.com/Services/copyrightoncampus/

Checklist for Fair Use , Designed by Kenneth D. Crews, Copyright Management

Center, IUPUI, 2003.

   http://www.copyright.iupui.edu/checklist.pdf

Copyright Basics (Circular 1) , U.S. Copyright Office.

   http://www.copyright.gov/circs/circ01.pdf

Copyright Policy, Wellesley College , Academy College , 2004.

  Table of Contents

http://www.wellesley.edu/Library/copyright_ToC.html

Copyright Term and the Public Domain in the United States , 1 January, 2007 , Peter

B. Hirtle.

http://www.copyright.cornell.edu/training/copyrightterm.pdf

Cornell University , Copyright Policy, 2007.

   http://www.copyright.cornell.edu/

New Copyright Law for Distance Education: The Meaning and Importance of the

TEACH Act , prepared by Kenny D. Crews for the American Library

Association, 2002.

http://www.ala.org/ala/washoff/WOissues/copyrightb/distanceed/teachsummary.pdf

The Teach Act Checklist , Copyright Management Center , IUPUI, 2005.

   http://www.copyright.iupui.edu/teachchecklistprint.pdf

The University of Texas System Copyright Policy, 2005.

   http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

UCLA Copyright Policy, 2007.

   http://www2.library.ucla.edu/copyright/index.cfm

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