4675-R Copyright

  • Photocopying

    You may reproduce single copies of the following:
    A chapter of a book.
    An article from a periodical or newspaper.
    A short story, short essay or short poem, whether or not from a collective work.
    A chart, graph, diagram, *cartoon or picture from a book, periodical or newspaper.
    *Note: Copyrighted, syndicated cartoon characters are not permitted to be copied.

    You may reproduce multiple copies of the following:
    A complete poem if less than 250 words and if printed on not more than two pages.
    An excerpt from a long poem, but not to exceed 250 words.
    A complete article, story or essay of less than 2,500 words or an excerpt, not more than 1,000 words, from a larger printed work not to exceed 10% of the whole, whichever of the preceding is less.
    One chart, graph, diagram *cartoon or picture per book or periodical issue.
    Special works combining prose, poetry and illustrations, but limited to no more than 10% of the total.
    All preceding must bear the copyright notice.
    *Note: Copyrighted, syndicated cartoon characters may not be reproduced.

    Limits to the preceding:

    Copying is made for one course only.
    One work from a single author.
    No more than three authors from a collective work.
    No more than 9 instances of such multiple copying in one class term.
    Copying shall not be used to create or replace or substitute for anthologies or collective works.
    Copying of "consumable" works, i.e., workbooks, exercises, standardized tests, test booklets and answer sheets is absolutely prohibited.
    Same item not reproduced term to term.
    No charge made to students beyond actual photocopying.
    Facsimile Reproduction (Fax Copying)

    A facsimile or FAX machine is a copy machine and is subject to the same copyright considerations as any other copier. The same rules of classroom, library photocopying and interlibrary loan apply.

    Public Performance

    Public performance in a classroom
    The performance is allowed only for face-to-face teaching activities directly related to instruction.
    Performances of the defined works must only be by the instructor or pupils.
    Exemption only applies to performances related to teaching activities which involve systematic instruction.
    The performance must take place in a classroom or similar place devoted to instruction.
    The exemption would not apply to "performances in an auditorium or stadium during a school assembly, graduation ceremony, class play, or sporting event, where the audience is not confined to the members of a particular class."

    Permissible uses
    Emergency copying to replace purchased copies which, for any reasons, are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.
    For academic purposes, other than a performance, multiple copies of excerpts of works may be made, provided the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement or 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, (1) confirmed by the copyright proprietor to be out of print or (2) 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.
    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.
    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 individual teacher.
    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.
    Copying to create or replace or substitute for anthologies, compilations or collective works.
    Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets and like material.
    Copying for the purpose of a performance, except as noted under Permissible Uses.
    Copying for the purpose of substituting for the purchase of music, except as noted under Permissible Uses.
    Copying without inclusion of the copyright notice which appears on the printed copy.
    Other Considerations
    Recording of a band or concert and selling copies is not considered fair use.
    Festival organizers or organizations sponsoring a music festival are responsible for making the mechanical royalty payments for any recordings that are made of copyrighted music.
    Any arrangement of a copyrighted musical work, without the permission of the copyright owner, is considered a copyright infringement.
    You may edit or simplify printed copies (of music) which have been purchased, but in no case may one write a derivation or arrangement of a copyrighted work and then photocopy (reproduce) it for classroom use.
    Audiovisual Works

    Permissible Uses
    Creating a series of slides or overhead transparencies from multiple sources, such as magazines, books, encyclopedias, etc., as long as one doesn't exceed one photograph, drawing, chart or diagram per source.
    Creating a single overhead transparency from a single page of a consumable workbook, not exceeding the one page from the entire book.
    Salvaging useful frames from a damaged filmstrip in order to create a slide set, as long as the slides are maintained in the same chronological order as the original filmstrip, minus the damaged frames.
    Using an opaque projector to enlarge a map of an area for tracing in a larger scale, as long as the map is not reproduced with those parts that make it copyrightable; i.e., color scheme, shading, how cities, buildings are symbolized, etc.
    Duplicating visual or audio materials from a non-dramatic literary work in order to provide materials for the deaf or the blind. In addition, these and other copyrighted materials may be legally transmitted to blind or deaf individuals via cable or closed circuit systems.

    No duplication of audio-cassette tapes for archival, backup, or for multiple uses unless reproduction rights were given at the time of purchase.
    No reproduction of musical works (i.e., records, tapes, CDs) or converted from one form to another, such as a record to a tape unless such rights have been acquired from the copyright holder.
    No reproduction of "ditto masters" produced commercially as individual items, in sets, or as part of a multi-media kit if they are available for sale separately. (Once the master is used up in the ditto process, it may not be photocopied or reproduced in any other manner unless permission is obtained.)
    No reproduction of any audio-visual work in its entirety, except for off-air video taping as per the guidelines found in the video section of this regulation.
    No conversion of one media format into another, i.e., 16 mm film to videotape, with the exception that copies of old motion picture films, subject to deterioration, (mainly pre-1942) may be made for archival preservation.
    No narrating entire stories onto audio tape.

    Off-air Videotaping
    Institutional taping - in terms of off-air videotaping for educational use, there exists a set of quasi-legal guidelines that were never adopted into law, but have tacitly become accepted as the "official" guideline for education. They were developed by a subcommittee of Congress, chaired by Representative Kastenmeir, which was attempting to deal with the problem of providing legitimate access to programs for instructional use. According to these guidelines, an educational institution may tape programs off-air if they adhere to the following conditions: (Italicized information in each section has been added to provide clarification and examples, but are not part of the guidelines.).
    The privilege of off-air taping applies only to non-profit, educational institutions. Programs taped must be used directly for instruction and not for entertainment.
    A broadcast program may be recorded off-air simultaneously with broadcast transmission (including cable transmission) and retained by the educational institution for a period not to exceed 45 calendar days after the date of recording. The program then must be erased.
    Even though the programs may be held 45 days, they may only be used and repeated once with each class by an individual teacher during the first ten (10) consecutive school days during the forty-five (45) day calendar retention period. They may not be used with students after that time.
    After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the 45 day retention period only for teacher evaluation purposes and may not be used for student exhibition or any other non-evaluation purpose without authorization.
    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.
    A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines.
    The program must be recorded in its entirety, including copyright notice, and may not be altered.
    Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.
    Taping from Cable and Satellite
    Off-air taping, under the institutional guidelines, permits the taping of "broadcast programs" which are defined as those programs transmitted by television stations without charge to the general public. Only those cable programs also available on-air in your area may be taped. (Pay services such as out-of-town stations, HBO and Cinemax do not fall under these guidelines.)
    According to present interpretation, satellite transmissions would fall under the same criteria as that for cable. Educational agencies that desire to record and/or distribute satellite signals via closed circuit systems should obtain a license to do so from the appropriate agency providing the programming.
    It should be noted that a number of instructional programs, including inservice, are being provided via satellite. In many instances, fees are associated with such programs. The taping and use of these programs, without payment of the appropriate fee, would be illegal.
    Using Copyrighted Videocassettes With the "Home Use Only" Warning Label

    Purchasing - if an educational institution purchases a copy of a videocassette bearing the warning label FOR HOME USE ONLY, it is permissible to use the tape for face-to-face instruction with students as per Section 110(1) of the Copyright Law. The key is that the tape is incorporated as part of the systematic teaching activities of the program in which it is being used.
    Renting - the rental of a videocassette bearing the FOR HOME USE ONLY warning notice and intended for instructional use would also fall under the Section 110(1) performance exemption of the Copyright Act.

    Instructional Broadcasting

    Transmission/Performance - as a specific exemption to the law, transmitted performances of nondramatic literary and musical works and displays of works would be permitted if:
    The performance of display is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution.
    The performance or display is directly related and of material assistance to the teaching content of the transmission.
    The transmission is made primarily for:
    Reception in classrooms or similar places normally devoted to instruction.
    Reception by persons to whom the transmission is directed because their disabilities or other special circumstances prevent their attendance in classrooms or similar places devoted to instruction.
    Reception by officers or employees of governmental bodies as part of their official duties or employment.
    Computer Software and Applications

    The owner of a copy of a computer program is not infringing on the copyright by making or authorizing the making of another copy or adaptation of that program if the following criteria are met:
    That the new copy or adaptation is created in order to be able to use the program in conjunction with the machine and is used in no other manner.
    That the new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
    Any copies prepared or adapted may not be leased, sold or otherwise transferred without the authorization of the copyright owner.
    Transferring Programs to Hard Disk - the hard disk versions could become the working copies with the original, purchased floppies being designated archival copies.
    Networking and Multiple Machine Loading
    Once transferred through a network, multiple copies are created, even if they are transient in nature.
    The transferring of the same program into several machines constitutes making multiple copies, which is not permitted under the law.
    Use of Databases
    Downloading From Remote Databases
    These sources are often in the form of databases, which are protected by copyright law.
    There are no exemptions in the law, for libraries or educational institutions, permitting downloading of database information. Due to the fact that there are no exemptions, it would be appropriate to abide by the following guidelines:
    Carefully review contracts or license agreements and be aware of all conditions between your library or educational institution and the vendor.
    Do not retain extra or archival copies of a downloaded search.
    The material downloaded may not be used to create a derivative work, especially if for financial gain.
    If providing direct access to searches by students or library patrons, they should be informed of the conditions of the database contract they are searching.
    Creation and Distribution of Local Databases - schools are beginning to develop computer databases consisting of original source materials. These are then distributed via computer terminals to various sites. The following copyright infringements should be considered during this process:
    Reproduction of the author's work.
    Distribution of the author's work.
    Creation of a derivative work based on the author's work.
    Public display of the author's work.
    New Information Technologies

    CD-ROM Technology
    Faculty and students may copy sections as per the guidelines for the reproduction of printed materials for the purpose of research and teaching.
    The purchase of a network license for each CD-ROM product placed on a network would be required.
    Laserdisc Technology
    Laserdiscs have many of the characteristics of videocassettes, and both are considered audiovisual mediums protected under copyright.
    Similar to the general video medium, if a small portion was copied from a laserdisc, and was used as part of a larger work in which the copied portion constituted a very small part and the copied portion was not of a highly original nature, the application might fall under fair use.
    Obtaining Copyright Permission

    Since the copyright owner has the right to duplicate, create a derivative work, distribute, perform and publicly display his/her copyrighted work, and even though there are a number of prohibitions against specific uses of materials by others, the copyright owner has the right to grant permission for uses not automatically allowed under the Copyright Act. This permission is obtained under one or more of the following procedures/processes.

    Writing for Permission - an individual or an institution may write directly to the author or publisher/producer and request permission to do whatever is desired in relation to the copyrighted material.
    A sample form for writing for copyright permission may be found in appendix C of the guide, Copyright: A Guide to Information and Resources, available from District Media Services or any school library media center.
    The fact that an item is no longer in print or available does not negate the copyright protection for the author that exists with the material.
    Purchase Agreements - if prior to purchasing an item, an institution desires to have certain privileges or rights, such as closed circuit transmission of videotapes or films or the right to duplicate computer software for a laboratory setting, it would be appropriate to negotiate such rights into the purchase agreement or contract.

    June 24, 1986; Revised September 24, 1995; Reviewed January 8, 2008

    PL 94-533; The Copyright Revision Act of 1976; Title 17, United States Code

    4675 (formerly 4240)