Dunn Library

Federal copyright laws (Title 17 United States Code) protect the rights of authors/owners of works while promoting the widespread dissemination of ideas in the arts and sciences. It is the policy of Simpson College to abide by these laws and to maintain the highest possible ethical standards while using copyrighted materials for instructional purposes. While the College encourages its employees to enrich the learning process by making proper use of supplementary materials, the College expects all employees to comply with the copyright laws while doing so. It is not necessary for any employee of the College to violate copyright requirements in order to perform their duties properly. Thus, the College does not sanction or condone illegal duplication in any form, and any employee violating the College’s copyright policy or the copyright laws does so at her or his own risk and assumes all liability.

The following guidelines provide information to the entire College community about permissible uses of copyrighted printed materials, computer software, audio-visual materials, downloads and file-sharing.

II. General Copyright Prohibition and “Fair Use”

Original works of authorship – including literary works, musical works and accompanying words, dramatic works, pictorial, graphic and sculptural works, motion picture and other audiovisual works, and sound recordings – are protected by copyright. However, ideas, procedures, process, systems, methods of operation, concepts, principles or discoveries contained within an original work are not covered by copyright. A copyright gives the owner of the copyright the exclusive right to reproduce, distribute, perform and display copyrighted works.

In general, no one may use copyrighted material without authorization from the copyright owner for the life of the copyright. Generally, if the work was created on or after January 1, 1978, copyrighted works are protected by copyright laws for the length of the author’s life plus seventy years. Copyrights for works completed before January 1, 1978 extend for 28 years from the date the copyright was secured and are automatically renewable for an additional 67 years. Thus, currently, works created prior to 1923 are likely to be in the public domain, and permission need not be sought. In addition, works created directly by the federal government or by one of its employees are in the public domain and can be copied freely.

The “fair use” exception allows someone other than the copyright owner to make reasonable use of copyrighted materials without permission. The “fair use” of a copyrighted work for comment, criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement on a copyright. The factors to be considered in determining whether use of a copyrighted work is “fair use” are:

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 copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
(17 United States Code § 107).

Although teaching, scholarship and research purposes may justify a fair use defense to a claimed infringement of copyright if certain criteria are met, planned and repeated uses of copyrighted material without the permission of the owner are not justifiable. Claiming “educational use” alone is not sufficient to make the use of photocopies “fair use.”

Below are more specific guidelines for determining when the photocopying of printed materials, and the copying of computer software and audio-visual material constitute “fair use.”

III. Photocopying

The “Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions” was drafted in 1976 by an Ad Hoc Committee on Copyright Law Revision representing educators and publishers. (See 17 United States Code Ann. §107). These Guidelines clarify the four factors for “fair use” set out in the copyright law (see II. above), and provide educators with criteria against which to determine if their photocopying of books and periodicals constitutes a “fair use.” The rules below are based, in part, on these Guidelines.

a. Research and Class Preparation

Faculty members may make, or have someone else make, a single copy of a book chapter, a newspaper or periodical article, a short story, essay, or poem, a chart, diagram, drawing, etc., if needed for teaching, research or scholarship.

b. Multiple Copies for Classroom Use

The following requirements for multiple copying for classroom purposes apply to multiple copying for classroom use done through the Copy Center, at a stand-alone photocopying machine, or at an off-campus copying center.

1. General Rule – Permission Required. Faculty members or students who want to make photocopies of materials for classroom use to distribute to students should seek the prior written permission of the copyright owner. (The “Request for Permission to Photocopy Materials” can be adapted for specific requests.)

2. Fair Use Exception – Permission Not Required. Faculty may make, or have someone else make, multiple copies for classroom use without prior written permission if all of the following are met:

(a) the copying meets the brevity, spontaneity, and cumulative effects tests below:

Brevity: The brevity test for prose is met if the copy is (a) a complete article, story or essay of 2500 or fewer words or (b) an excerpt of no more than 1000 words or 10% of the work whichever is less.

The test is met for poetry if the poem is (a) less than 250 words and printed on not more than two pages, or (b) an excerpt from a longer poem of not more than 250 words.

For illustrations, brevity constitutes one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

Spontaneity: The inspiration for the copying came from the individual faculty member, and the motivation, the decision and the need to use the work are so close in time that seeking permission would be unreasonable.

Cumulative effects: The copying is for only one course at the college. Copying during one semester of any kind of printed material – except current news periodicals, newspapers and current news sections – is limited to: one work (short article, essay, story or two excerpts) from any one author; three excerpts from the same collected work or periodical; and nine instances of multiple copying for the same course.

(b) only one copy per student is requested;

(d) all photocopies carry a copyright notice similar to the following:

“This material may be protected by copyright law.
(Title 17, United States Code).”;

(e) students are only charged for the cost of the copying;

(f) photocopying is not used to replace books, publisher’s reprints or periodicals;

(g) permission is obtained from the copyright owner before creating anthologies or collected works by copying various printed articles or works and compiling them into a packet; and

(h) workbook pages, tests, answer sheets or other consumable materials are not photocopied without permission.

c. Rules Governing Copying Through the Copy Center

1. Photocopy requests made through the Copy Center must meet the rules governing “Multiple Copies for Classroom Use” set out above. Thus, the Copy Center will not duplicate copyrighted materials without written permission from the publisher or verification that the above prohibitions have been observed and that the brevity, spontaneity and cumulative effects tests for “fair use” have been met.

2. The creation of anthologies or collected works by copying various printed articles or works is not “fair use’ and is prohibited by copyright law unless permission is obtained from the copyright owner. The Copy Center will not print or assemble “textbooks” composed of various photocopied materials without the written permission of the copyright owners. For help with creating copyright compliant CoursePacks go to XanEdu .

3. The Copy Center will not print or copy consumable materials, such as workbook pages, tests, answer sheets or other consumable materials, without receiving verification that the owner has given permission.

4. Students may not be charged more than the actual cost of copying.

5. Faculty members requesting photocopying through the Copy Center must complete a Requisitions Form and provide an assurance that written permission of the copyright owner has been obtained or that the photocopying meets the requirements for “fair use.” (See sample requisition form attached).

d. Library Photocopying

Specific rules govern the duplication of copyrighted material held by Dunn Library:

1. Library patrons may make a single copy of a work for private study, scholarship or research.

2. All photocopying machines must display the following notice:

NOTICE

THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17 UNITED STATES CODE) GOVERNS THE MAKING OF PHOTOCOPIES OF COPYRIGHTED MATERIAL. THE PERSON USING THIS EQUIPMENT IS LIABLE FOR ANY INFRINGEMENT.

3. A librarian may copy a work from the Library’s collection for the reserve collection, for archives, for an interlibrary loan, or for the personal use of a requesting patron. As long as the librarian has no reason to believe (a) the copy will be used for purposes other than private study, scholarship or research, or (b) the Library is participating in the systematic multiple reproduction of copyrighted materials, the librarian need not affirmatively inquire into the use for which the copy is to be made.

4. The librarian must stamp a copyright notice (see III.B.2(d) above) on the first page of any photocopy made for the reserve collection, for archives, for an interlibrary loan, or for personal use.

Interlibrary Loan Restrictions:

(a) The Library may not place copyrighted materials, such as books, journals etc., borrowed from another library through interlibrary loan on reserve in the reserve collection.

(b) The Library may make a single copy from its collection for a patron or a patron of another library if it is to be used for private study, scholarship or research.

(c) A requesting library may not ask, without permission, for more than five copies in one calendar year from a given periodical’s last five years. No limiting guidelines are provided for photocopying from periodical titles more than five years old.

(d) Unless permission is obtained, a requesting library may not ask for more than five copies from a single work other than a periodical (i.e. books, including collective works) within a calendar year.

(e) A requesting library must maintain records of its own requests and the filling of those requests for three (3) full calendar years following the calendar year of the request.

(f) The Library must stamp the first page of the copy produced with a copyright notice.

(g) The following “Warning of Copyright” must be printed on the interlibrary loan request form:

NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproductions not to be “used for any purpose other than private study, scholarship or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.

This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Reserve Collection Requirements:

(a) Faculty members wishing to place materials on reserve must complete a Faculty Reserve Request Form. The Library Staff will not accept copyrighted materials for reserve collection use unless the faculty member completes a Faculty Reserve Request Form.

(b) Faculty members may request that the Library place on reserve an original of a copyrighted book from the Library’s collection or their own personal collection without providing the Library with any copyright assurances.

(c) If a faculty member requests that a photocopy of a portion of a book or a journal from the Library’s collection or their own personal collection be placed on reserve, the faculty member must provide, on the Faculty Reserve Form, an assurance (1) that she or he has obtained written permission from the copyright owner/publisher to photocopy the material, or (2) that the College’s photocopy prohibitions have been observed and that the photocopying request is a “fair use” in that it meets the brevity, spontaneity and cumulative effects tests set out above.

(d) The “Warning of Copyright” listed in § III.D.5(f) above must be displayed on the front side of the Faculty Request Form used to place material on reserve.

(e) After having received the completed form, the Library will place the copy of a work or portion of a work in the Library’s reserve collection for student use. The librarian will place a copyright warning on the photocopy.

(f) Because “fair use” photocopying for the reserve collection only permits spontaneous copying so that faculty members have coverage of current information, faculty members must obtain permission from the copyright owner if the material is to remain on reserve more than one semester.

(g) The same copyright requirements listed above apply to any materials placed on electronic reserve.

IV. Acceptable Use of College Network and Computers

Specific policies on computer ethics and copyright compliance are found on the Information Services web site .

V. Audio-Visual Materials Pre-recorded Video Materials

a. Pre-Recorded Video Materials

Copyrighted video or audio materials owned by Simpson College may be used as part of regular face-to-face classroom instruction solely for students enrolled in a specific course and their instructor in a place devoted to instruction (library, classroom, auditorium, etc.) Materials borrowed from a video rental store including “For Home Use Only” versions may also be used as part of regular classroom instruction. Pre-recorded video materials from a faculty member’s own collection may also be used in face-to-face instruction. No charge may be assessed for such a use.

Whether a fee is charged or not, copyrighted video materials may not be shown outside of regular classroom instruction or in a place not devoted to instruction without the permission of the copyright holder. Showing video materials in a public room as part of an entertainment or cultural program, whether for an admission fee or not, would constitute a copyright violation, unless a performance license is obtained from the copyright owner. The Media Center staff will provide a service of researching (where possible) the costs for purchase of Public Broadcast rights for materials to be shown to the public as part of an entertainment, cultural or educational program. Duplicate copies or a change in media format of copyrighted materials may not be made without the permission of the copyright holder.

The Library may permit viewing of video materials in the Library by individual students or groups of students when the viewing is for instructional purposes, and is not for random viewing or entertainment. The Library will not permit anyone to view the Library’s copyrighted video materials in the Media Center or Library unless the material includes public performance rights or is being used for instructional purposes as outlined above.

The Library may loan copyrighted video materials to library patrons for personal use at home subject to restrictions set forth by copyright owners as to “at-home” viewing.

Any person who makes an unauthorized copy or adaptation of the program, or redistributes the loan copy, or publicly performs or displays the program, except as permitted by Title 17 of the United States Code, may be liable for copyright infringement. This institution reserves the right to refuse to fulfill a loan request if, in its judgment, fulfillment of the request would lead to violation of the copyright law.”

b. Off-Air Television Broadcast Recording

Faculty members may record programs off-air at their own homes to use in the classroom as long as (1) they meet all of the requirements for educational off-air recordings set out below, (2) they keep complete records of the recording and use of the materials, and (3) they provide Media Services with the recording and use information.

All off-air recordings by a faculty member at home are subject to the following rules:

1. The material must be shown as part of a face-to-face instructional program by students, instructors, or guest lecturers in a classroom or instructional location. The showing must be limited to students enrolled in the class and their instructors. The showing may not be for entertainment.

2. A recording may be used once by an instructor during class within the first ten (10) consecutive school days after the recording date. If necessary for instructional reinforcement, the recording may be used once more during the first ten (10) consecutive school days after the recording date.

3. All recordings will be kept in Media Services and will be signed out to the faculty member for classroom use. All recordings must be returned to Media Services after the class is concluded. The recording may be used after the first ten consecutive school days and before the 45^th calendar day after the recording date only for curriculum evaluation purposes.

4. Media Services will erase all recordings on or before the 45^th calendar day after the recording date, unless the faculty member obtains the written permission or a licensing agreement from the copyright owner.

5. Any other proposed use for the off-air recording requires the prior written permission of the copyright owner.

6. Only programs broadcast free to the public may be off-air recorded without permission. Cable programs, such as ESPN, C-SPAN and CNN, are not broadcast free to the public.

7. Off-air recordings need not be viewed in their entirety, but they may not be altered or physically or electronically combined.

8. Off-air recordings must include the copyright notice recorded on the broadcast program. In addition, the Library staff must place a copyright warning on the material and cover of the copy produced.

9. The Library is permitted to copy and to lend a limited number of copies of any audiovisual news program if (1) the Library obtains no commercial advantage from the copying; (2) the Library is available to others outside the College who are doing research in a specialized field; and (3) the reproduction or distribution contains a notice of copyright.

10. Faculty members may retain off-air broadcasts after the 45-day period or use them for other purposes if they obtain permission from the copyright holder.

11. PBS: The taping of shows from Public Broadcasting (PBS) is probably acceptable, as long as you meet the off- air recording requirements in the policy. IPTV includes a television listing for IPTV/PBS programming. Select the show that you would like to record, there will be a link to Education Record Rights (off- air taping) for that particular show. Rights can vary from program to program. Streaming of shows from the website is also available. Local IPTV programming may be copied and retained. For questions concerning educational use of IPTV/PBS programs contact IPTV, 242-3100, and ask for Jeanie Campbell.

c. Rules Regarding Use of Other Audio-visual Materials

1. A faculty member may create a series of slides from multiple sources, such as books, magazines etc., as long as the instructor uses the slides in class and she or he does not exceed 10% of all of the photographs in any one source, unless the source specifically prohibits any photographic reproduction.

2. A faculty member may create multiple overhead transparencies from a variety of sources, not exceeding 10% of the total content of any one source, unless this type of reproduction is specifically prohibited.

3. A faculty member may create a single overhead transparency from a single page of a consumable workbook, although he or she may not make multiple photocopies of that same workbook without getting permission or without meeting the “fair use” test.

4. A faculty member may not duplicate cassette tapes unless given reproduction rights; may not reproduce musical works on records, tapes, or compact discs or convert them into another format; or may not reproduce any audiovisual work in its entirety without permission.

5. Neither faculty members nor the Library staff may convert audio-visual materials into another format without permission of the copyright owner.

VI. Copying of Musical Works

Special rules apply to the copying of musical works

1. For academic purposes, a faculty member may make multiple copies of not more than 10% of an entire musical work, as long as the copying is not for a performance, does not comprise an entire performable unit (i.e. section, movement, aria etc.), and only one copy per student is made.

2. A faculty member may make a single copy of an entire sound recording from the College’s or her/his collection in order to construct aural exercises or examinations for class, which may be maintained by the College or by the instructor.

3. A faculty member may have students record a music class in its entirety for their personal use.

4. For academic purposes, a faculty member preparing for class or conducting research may duplicate a single copy of an entire performable unit if the unit is unavailable except in a larger unit or if it is out of print.

5. A faculty member may make a single copy of recordings of performances by students for evaluation or rehearsal purposes. The recording may be retained by the College or by the faculty member.

6. A faculty member may not make copies of printed sheet music to substitute for the purchase of sheet music, except in an emergency.

7. Copying may not be used to create, replace or substitute for anthologies, compilations or collective works.

8. Copying of consumable items, such as workbooks and tests is not permitted without permission.

9. Copying may not be made for performance purposes or to substitute for the purchase of music, except as set out above.

10. Copying of a musical work may otherwise be permitted if it meets the fair use test set out above or if the faculty member obtains permission for the use.

VII. Electronic Media Restrictions

Accordingly, anyone may read or view publicly marketed copyrighted electronic material privately, on site or remotely; make or have made a first-generation copy for personal use of an article or other small part of a publicly marketed copyrighted work or a work in a library’s collection for study, scholarship or research; and make copies of copyrighted material for a lawful use if only retained temporarily.

However, copyrighted material obtained through electronic media may not be copied and retained without permission of the copyright owner or without complying with the “fair use” requirements.

VIII. Use of Copyright-Protected Materials in Distance Education (Reflecting the 2002 TEACH Act)

IX. Contacts

Simpson College

Dunn Library

Simpson College Copyright Policy & Guidelines - In Progress

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