Library Information

Gallaudet University Copyright Guidelines

• Introduction to the Guidelines
• General Policy Statement
• Classroom Photocopying
• Course Reserve Photocopying
• Interlibrary Loan Photocopying
• Miscellaneous Photocopying
• Videorecordings
• Computer Software, Databases, and the Internet
• Distance and Online Education
• Copyright Defined
• Fair Use
• Appendix A: Title 17, Section 107: Fair Use
• Appendix B: Copyright Notices
• Appendix C: Copyright Clearance Center: General Information"
• Bibliography

This document will explain some of the fundamental aspects of copyright law and will provide guidelines for adhering to the University's policies relating to copyright as stated in the Administration and Operations Manual, Section 1.09. These guidelines support compliance with generally accepted interpretations of the law. For more information about copyright as it applies to academic institutions, please see the bibliography below.

It is essential that Gallaudet University employees know and understand copyright basics. As representatives of the University they have an obligation to protect the institution from litigation involving copyright violations. Individuals who violate copyright law share liability with the University, and therefore faculty and staff should be aware of the restrictions governing duplication.

The University has an account with the Copyright Clearance Center to assist faculty and staff with obtaining appropriate permissions to reproduce copyrighted works. For more information about the CCC see Appendix C of this document or contact the Director of Information Services in the Gallaudet Library.

Some guidelines below are followed by examples of their application in italics.

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GENERAL POLICY STATEMENT

The Gallaudet University Library has established the following copyright guidelines for faculty and staff. They are intended as a means of information and instruction and are based on current interpretation of Title 17 of the U.S. Code, usually referred to as the U.S. Copyright Law. Other relevant laws have been taken into consideration as well. The most common concerns relating to classroom and library copyright are addressed here. For further information, please refer to the resources listed in the bibliography at the end of this document.

Gallaudet University abides by all laws pertaining to copyright.

Gallaudet University prohibits any and all reproduction not specifically allowed by U.S. copyright law, fair use guidelines, licensing agreements, or permission of the copyright holder.

Any individual who wilfully violates University policy relating to copyright by either making or requesting another individual to make illegal reproductions will be held liable for those violations should the University be subject to a copyright lawsuit.

The University Librarian or his/her designee is the University's authority with respect to copyright.

All reproduction equipment on campus should have the appropriate notice of copyright. (See appendix B.)

Units requesting permission to reproduce or adapt copyrighted works will keep written copies of all requests and permissions granted.

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CLASSROOM PHOTOCOPYING

Instructors may make photocopies for classes provided they meet the standards for fair use defined in Appendix A. Instructors may charge students for the cost of the copies themselves but they may not add any additional fees to that charge. Workbooks, answer sheets, exercises, etc. may not be copied and distributed. Instructors may not provide copies of the same materials for more than one semester unless they receive written permission from the copyright holder to do so.

"Course packs," binders that contain photocopies of multiple articles and are distributed to each student in a class, may be made only if appropriate permission for photocopying has been given by the copyright holder.

A social work instructor may create a packet of reproduced articles and distribute one to each student in the class only if she has received permission from the copyright holder to do so.

Copyrighted materials may not be reproduced in electronic formats unless they meet all the criteria established for print reproduction.

An economics instructor may send an article through e-mail to each student in a class, as long as he does not send more than one copy to each student. He may not distribute the same article again in later semesters.

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COURSE RESERVE PHOTOCOPYING

The copyright guidelines that apply to classroom photocopying also apply to course reserves in the Library. The Library will not process any materials for course reserves that do not meet the standards of fair use. The Director of Information Services is the final arbiter of fair use as it pertains to library reserves.

Instructors may place single copies of journal articles on reserve for one semester without obtaining permission from the copyright holder. After one semester, a copy of permission granted must be included with the photocopied article submitted for reserve.

A psychology instructor may bring one copy of each article she wishes to place on reserve to the Library. It may remain on reserve for only one semester. If she wishes to keep the same article on reserve in subsequent semesters, she must request permission to do so from the copyright holder and attach the letter or form granting that permission to the article itself.

Instructors who place materials on reserve are responsible for ensuring that those materials are copyright compliant. Library staff may require proof that materials placed on reserve do not violate the University's copyright guidelines. Library staff may not photocopy articles for reserve.

A physics instructor must bring photocopies to the Library for reserve and may not ask staff to make those copies.

Photocopied articles on Library Reserve may not replace a textbook or formal course pack.

An education instructor may not place multiple copies of articles on reserve as a substitute for assigning readings from a textbook. If no appropriate textbook is available the instructor should request permission to prepare course packs and should provide one to each student.

Articles placed on reserve must contain a notice of copyright.

Library staff will remove all articles from the reserve shelves each term and return them to the instructor who placed them on reserve.

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INTERLIBRARY LOAN PHOTOCOPYING

The Library may request photocopies of articles through Interlibrary Loan for Gallaudet students, faculty, and staff. The Library may not request more than five articles from the most recent five years of any single journal title during one calendar year without receiving permission from the copyright holder. This is true whether all requests come from one person or several. The Library's Interlibrary Loan Photocopy Request Form must contain an appropriate copyright warning. (See Appendix B.)

John requests an article from the 2000 volume of PTA Today in January. Sue requests one article each from the 2001 and 2002 volumes of PTA Today in March. Bill requests an article from the 2001 volume of PTA Today in April. Mary requests an article from the 2000 volume of PTA Today in July. If Jim requests an article from the 2002 volume of PTA Today in September, the Library must request permission from the copyright holder before submitting that request to another library.

Reserve articles and photocopies sent through Interlibrary Loan must contain appropriate copyright warnings. (See Appendix B.)

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MISCELLANEOUS PHOTOCOPYING

Faculty and staff may make reproductions for their own personal research as long as they meet the criteria of fair use outlined in Appendix A.

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VIDEORECORDINGS

Videorecordings are subject to the same copyright restrictions as print materials, although the interpretation of those restrictions is somewhat different. Copyrighted videos may not be reproduced or adapted (which includes adding captions) without written permission from the copyright holder.

There are two general categories of purchased videorecordings, those with public performance rights and those intended for home use only. Videorecordings with public performance rights may be shown on campus without restrictions. Videorecordings that display a warning indicating they are for home use only are subject to certain specific restrictions.

Home use only videorecordings may be shown in the classroom if the following conditions are met:

1. The use must take place in a nonprofit educational institution.
2. It must take place in a classroom or similar place devoted to instruction.
3. The videorecording must have been lawfully made and the person responsible must have no reason to believe it was made unlawfully. (Note 1)

Home use only videorecordings may not be aired on the campus cable system or in non-classroom settings without express written permission from the copyright holder.

An instructor may borrow a video from the local Blockbuster and show it in class. She may not, however, borrow it to show to students in the cafeteria or on the campus cable system.

Videorecordings (either home use or public performance videos) may not be duplicated or adapted in any way without the express written permission of the copyright holder.

Off-air recordings (recordings of broadcast or cable television shows) may be made and used in the classroom as long as the following conditions are met:

1. The recording or request for recording must be made by an individual teacher for a single use.
2. The recording may be made only by an individual teacher or by the Cable TV service.
3. The recording may not be made in anticipation of a request.
4. The recording must include the copyright notice as it was broadcast.
5. A specific program may be recorded only once by the same teacher no matter how many times it is broadcast.
6. The video must be aired in a classroom or similar place of instruction.
7. The video must be aired on campus.
8. The video may be viewed, in whole or in part, only once by each class.
9. The video may be viewed again once if instructional reinforcement is needed.
10. Both the original and repeat airing of the video must take place within 10 consecutive school days from the day of the recording.
11. The video must be destroyed or erased within 45 days after the recording is made.
12. After the 10 day period for classroom use has passed, the video may be viewed only for teacher evaluation purposes.
13. The original off-air tape may not be altered in any way. (Note 2)

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COMPUTER SOFTWARE, DATABASES, AND THE INTERNET

As a general rule, copyright guidelines that apply to print materials apply to computer software, databases, and the Internet as well, although the guidelines are often applied in a slightly different manner. The following guidelines are general and are, therefore, restrictive. In some cases the copyright statements found on software provide for certain types of copying. Users are responsible for reading and following copyright notices found on software.

There are only two circumstances where staff may duplicate copyrighted computer software without permission of the copyright holder. If the software must be copied to a specific computer to enable it to run on that computer, it may be copied. One archival (backup) copy may also be made and stored. This archival copy may not be used as a second copy. If the software is installed on the computer's hard drive, the original disks become the archival copy. If the circulating copy is destroyed the archival copy may be used as a replacement. If, however, the circulating copy is lost or stolen, the copyright holder should be consulted before placing the archival copy in circulation.

Campus libraries and departments may lend software, but each circulating copy of a program must contain a copyright warning notice. (See Appendix B.) Individuals may not lend or borrow software to avoid paying for additional copies.

Staff may not install borrowed software on Gallaudet computers. Staff may not install copies of software from their home computers.

Dr. Smith in the Accounting Department may not purchase one copy of "Quicken" and install it on his home computer and on his computer here at Gallaudet. If he wants to install it on both computers he must purchase two copies.

It is important to remember that World Wide Web copyright protects software, text, graphics, and audio segments. Individuals may not copy any of these for use in documents, web pages, or other works without permission of the copyright holder.

Dr. Doe in the Theatre Arts Department may not download a photograph or other graphic image from a web page and use it in his own web page without permission of the copyright holder.

Individuals who download software from the World Wide Web must check licensing agreements carefully. Software that is available for evaluation only may not be used beyond the period specified.

E-mail messages and Web pages are, in theory, protected by copyright. Therefore, individuals may not redistribute e-mail or material downloaded from the Web without permission of the copyright holder. Blanket permissions for certain types of messages may be given.

Dr. Jones receives an e-mail message from a colleague in Texas that contains information about an important research project in her department. She may not distribute that message to faculty in her department without her colleague's permission.

Staff members in Academic Technology may agree to distribute copies of their e-mails to other of staff in the department unless an individual message contains notice forbidding such distribution.

Material downloaded from the Web may not be distributed without permission of the copyright holder.

Individuals may not post copyrighted material of any kind on the Web without permission of the copyright holder unless such posting falls within the guidelines defined for fair use.

DISTANCE AND ONLINE EDUCATION

In late 2002 Congress passed the TEACH Act, which was intended to ease some existing copyright restrictions for distance and online education. The new law applies to learning that is not "face-to-face," and establishes a unique set of rules for compliance separate from those that apply to traditional classroom settings. The guidelines below apply to online and distance education only. An excellent summary of the law and its implications for academic institutions is provided in the National Law Journal and is paraphrased here.

Instructors may use parts of virtually any kind of creative work (audiovisual works, plays, etc.) in their online courses as long as the other criteria of the TEACH Act are met.

No part of any work that was produced primarily for instructional purposes may be used.

There are no restrictions on the location of either the student or the instructor.

Students may store copyrighted content for only a short period. They may not keep it indefinitely. (Instructors should include a statement to this effect in their course syllabi.)

Only students enrolled in a course may have access to that course's online materials. (Instructors should include a statement to this effect in their course syllabi.)

Works that are available only in analog format may be digitized.

Instructors should maintain files indicating that copyrighted materials used on their websites were used with permission, met the standards of Fair Use, or met the standards of the TEACH Act. (NC State University's Scholarly Communication Center has a good checklist which is available online at http://www.lib.ncsu.edu/scc/legislative/teachkit/checklist.pdf. The Copyright Management Center at Indiana University - Purdue University - Indianapolis also has a good checklist, which is available online at http://www.copyright.iupui.edu/teachlist.htm.)

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COPYRIGHT DEFINED

What is copyright? "Copyright protects expression." (Note 3) "Copyright is a form of protection provided by the laws of the United States to the authors of original works of authorship." (Note 4) "Copyright is a statutory privilege extended to creators of works that are fixed in a tangible means of expression." (Note 5) "A copyright is a group of fundamental rights given to authors of created works for a limited period of time." (Note 6)

So what, exactly, is copyright? Basically, copyright is the legal guardianship given to creators of intellectual property of many kinds. It provides creative as well as financial protection and protects both published and unpublished works. It gives creators exclusive authority for distribution, performance, and reproduction of their creations.

Copyright law applies to print materials as well as software, sound recordings, television and film productions, and other types of creative works. The lack of a copyright notice on any work does not mean it is not protected by copyright. Works produced in the United States after March 1, 1989 are not required to display copyright notice in order to be protected. Some works are in the public domain, meaning that they can be reproduced without restrictions. If you are not sure whether or not an item is protected by copyright, the author, producer, or publisher of that work can probably provide that information.

Copyrights last for a specific time period, and copyrighted material will eventually move into the public domain. (Works in the public domain may be used without regard to copyright concerns.) All works published before 1923 are now in the public domain. Works published between 1923 and 1978 have a maximum possible copyright term of 95 years. For items published 1978 or later, copyright lasts for 70 years after the death of the author (or, if the author's employer holds the copyright, it will last 75 years from the date of publication or 100 years from the date of creation, whichever comes first). Works produced by the United States government are in the public domain and not copyrighted.

Copyright law has an impact on many academic endeavors, and Gallaudet University, like other colleges and universities in the United States, has a legal obligation to abide by the U.S. Copyright Law, Title 17, U.S. Code and its revisions. Compliance with copyright law is not as easy as it may seem, however, because the law stipulates broad guidelines and general protection and not a list of detailed dos and don'ts. Most colleges and universities base their own copyright compliance on current interpretation of the law as well as the results of recent court cases challenging various aspects of it.

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FAIR USE

Many people are familiar with the term "fair use" and know that it applies to U.S. copyright law, but few fully understand what that term means. In very simple terms, fair use allows for limited reproduction of copyrighted materials as long as certain circumstances exist. It is intended to allow for reasonable access to copyrighted materials, especially in educational settings. Title 17 Section 107, of the U.S. Code (which can be found in Appendix A) outlines fair use, and includes four specific factors that are to be used to determine fair use. It does not, however, define or explain these factors, so relevant court cases are the primary means of determining what the specific limitations are. For several years many institutions adhered to a set of guidelines outlining a specific set of rules for determining Fair Use. In recent years, however, the trend has been to move away from such proscriptive measures and to encourage individuals to weigh the four factors of Fair Use to determine whether or not a specific example is acceptable.

Fair use does not give blanket permission for any and all reproduction in an academic setting. It does, however, allow for limited reproduction in certain circumstances. The copyright guidelines outlined above adhere to the generally accepted standards of fair use.

When determining whether or not fair use applies to a specific situation, one must consider all four of the determining factors: purpose, nature, amount, and effect. All factors must be weighed in making a decision. The following brief definitions can serve as a starting point:

Purpose refers to the purpose of copying. If the material will be used for educational purposes, that weighs in favor of fair use.

Nature refers to the type of work being copied. Fact-based or nonfiction materials are generally considered more appropriate for fair use interpretation than are particularly creative works (art, fiction, etc.).

Amount refers to the amount of the work being copied. A small portion of the entire work is usually acceptable, while a larger portion or an especially significant portion is usually not.

Effect refers to the effect on the market of making the copy. If copying will not have a significant effect on the commercial market for the item, that weighs in favor of fair use.

The Copyright Management Center of Indiana University - Purdue University - Indianapolis has a very useful Fair List checklist at http://www.copyright.iupui.edu/checklist.htm that can be used to consider fair use.

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107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit 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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

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All photocopies of copyrighted material must contain the following notice:

This material is subject to the U.S. Copyright Law; further reproduction in violation of that law is prohibited.

Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted materials; the person using this equipment is liable for any infringement.

Notice: Warning of Copyright Restrictions.

The copyright law of he United States (Title 17, United States code) governs the reproduction, distribution, adaptation, public performance, and public display of copyrighted material.

Under certain conditions specified in law, nonprofit libraries are authorized to lend, lease, or rent copies of computer programs to patrons on a nonprofit basis and for nonprofit purposes. Any person who makes an unauthorized copy or adaptation of the computer program, or redistributes the loan copy, or publicly performs or displays the computer 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.

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 reproduction is 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 judgement, fulfillment of the order would involve violation of copyright law.

This course web site is for the exclusive use of students enrolled in this course. The materials here may be used only for course-related purposes. These materials may not be retained or distributed.

CCC's web page at www.copyright.com has a great deal of copyright permission information. We also use the web page to register requests. You may use the web page to register an article or a book chapter in CCC.

Before you start you should have all the following information. Without it, you may not be able to get permission to copy, so it is extremely important. You should have the:

• exact journal title
• journal publisher
• journal ISSN (International Standard Serial Number)
• exact article title
• publication date
• volume number

For more information about registering titles with CCC please contact Sarah Hamrick in the Gallaudet Library at 202 651-5214 (V/T) or via e-mail at sarah.hamrick@gallaudet.edu.

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Copyright and Fair Use. http://fairuse.stanford.edu/ (5 December 1997).

Copyright Clearance Center, Inc. 1995-1997. http://www.copyright.com (14 May 2003).

Copyright Management Center. Indiana University - Purdue University - Indianapolis. 2002. http://www.copyright.iupui.edu/index.htm (13 May 2003).

Crews, Kenneth. Copyright, Fair Use, and the Challenge for Universities: Promoting the Progress of Higher Education. Chicago: The University of Chicago Press, 1993.

Gasaway, Laura N., Sarah K. Wiant. Libraries and Copyright: A Guide to Copyright Law in the 90s. Washington: Special Libraries Association, 1994.

O'Mahoney, Benedict. The Copyright Website. 1995-1997. http://www.benedict.com/home.htm (14 May 2003).

Scholarly Communication at NC State. 2/20/2003. http://www.lib.ncsu.edu/scc/ (13 May 2003).

"TEACH Act expands the range of permitted works: Teachers will need to be mindful of requirements," National Law Journal 25, no. 70 (February 10, 2003): B7.

United States Copyright Office. 12/3/97. http://lcweb.loc.gov/copyright (14 May 2003).

World Intellectual Property Organization. International Protection of Copyright and Neighboring Rights. http://www.wipo.org/copyright/en/index.html (14 May 2003).

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1. Arlene Bielefield and Lawrence Cheeseman, Libraries & Copyright Law. (New York: Neal-Schuman Publishers, 1993), 81. Back to text.

2. Bielefield p. 82. Back to text.

3. Benedict O'Mahoney, "Copyright Fundamentals." The Copyright Website. 1995, Section 7. http://www.benedict.com/ (6 Nov. 1997). Back to text.

4. "Copyright Basics." The Library of Congress. 1996, par 7. http://lcweb.loc.gov/copyright/circs/circ01.html (6 Nov. 1997). Back to text.

5. Janis E. Bruwelheide, The Copyright Primer for Librarians and Educators, 2d. ed. (Chicago: American Library Association; Washington: National Education Association, 1995), 4. Back to text.

6. Bielefield, p. 1. Back to text. * * * * * * * * * * Prepared by Sarah Hamrick
   Director of Information Services
   February 1999
   Revised June 2003