| OUR LADY OF THE LAKE COLLEGE
COPYRIGHT POLICY The federal Copyright Law (Title
17, United States Code, Section 101 and following)
requires all members of the Our Lady of the Lake College
community to respect the proprietary rights of owners of
copyrights and to refrain from actions that constitute
an infringement of copyright or other proprietary
rights. Copyright Guidelines have been developed to
assist members of the community to comply with federal
copyright law. Members of the Our Lady of the Lake
College community are expected to become familiar with
these Copyright Guidelines, to act with careful
consideration of their requirements, and to seek
assistance whenever necessary and as directed.
Willful disregard of Our Lady of the Lake Colleges
Copyright Policy by members of the community may result
in personal liability in the event that legal action is
taken against them. Further, the College may refuse to
defend employees named in a court suit and employees may
be personally liable for any damages incurred as a
result of the copyright violation.
COPYRIGHT COMPLIANCE GUIDELINES
The purpose of the Our Lady of the Lake College
Copyright Compliance Policy is to provide a summary of
U.S. copyright law as it relates to the use of all
copyright-protected works at Our Lady of the Lake
College, and to provide guidelines and procedures for
obtaining copyright permission to use these works,
irrespective of format, format conversion, or medium.
U.S. copyright law contains many gray areas
(including works that may be protected by copyright even
if published without a copyright notice), and the goal
of this policy is to provide administrators, faculty,
librarians, students, employees, and others with a
standard approach for addressing complex copyright
issues. This policy covers classroom issues such as
photocopying, online and distance education, and
course-packs. It also covers library uses for print and
electronic reserves, interlibrary loan, and document
delivery.
INTRODUCTION
What Is Copyright?
Copyright is an area of law that provides creators
and distributors of creative works with an incentive to
share their works by granting them the right to be
compensated when others use those works in certain ways.
Specific rights are granted to the creators of creative
works in the U.S. Copyright Act (title 17, U.S. Code).
Individuals wishing to reuse or reproduce a particular
copyright-protected work must ordinarily obtain
copyright permission. However, there are some specific
exceptions in the Copyright Act for certain academic
uses, and permission is never required for certain other
actions, such as reading or borrowing original literary
works or photographs from a library collection.
What Is Protected By Copyright?
The rights granted by the Copyright Act are intended
to benefit "authors" of "original works of authorship,"
including literary, dramatic, musical, architectural,
cartographic, choreographic, pantomimic, pictorial,
graphic, sculptural and audiovisual creations. This
means that virtually any creative work including
books, magazines, journals, newsletters, maps, charts,
photographs, graphic materials, and other printed
materials; unpublished materials, such as analysts' and
consultants' reports; and non-print materials, including
electronic content, computer programs and other
software, sound recordings, motion pictures, video
files, sculptures, and other artistic worksis almost
certainly protected by copyright. Among the exclusive
rights granted to those "authors" are the rights to
reproduce, distribute, publicly perform and publicly
display their works.
These rights provide copyright holders control over
the use of their creations and an ability to benefit,
monetarily and otherwise, from the use of their works.
Copyright also protects the right to "make a derivative
work," such as a movie from a book; the right to include
a work in a collective work, such as publishing an
article in a book or journal; and the rights of
attribution and integrity for "authors" of certain works
of visual art. Copyright law does not protect ideas,
data or facts.
A work may be protected by copyright even if
published without a copyright notice. Copyright arises
automatically as soon as the work has been fixed in a
tangible medium, regardless of whether copyright notice
is evident on the work.
In the U.S., the general rule of copyright duration
for a work created on or after January 1, 1978 is the
author's life plus 70 years after the author's death.
This is often referred to as "life-plus-70." Works
created by companies or other types of organizations
generally have a copyright term of 95 years. For more
information on copyright duration, see below.
WHEN DO U.S. WORKS PASS INTO THE PUBLIC DOMAIN?
A public domain work is a creative work that is not
protected by copyright and which may be freely used by
everyone. The reasons that the work is not protected
include:
the term of copyright for the work
has expired;
the author failed to satisfy
statutory formalities to perfect the copyright; or
the work is a work of the U.S.
Government.
|
DATE OF WORK |
PROTECTED FROM |
TERM |
|
Created 1-1-78 or after |
When
work is fixed in tangible medium of expression |
Life
+ 70 years1 (or if work of corporate
authorship, the shorter of 95 years from
publication, or 120 years from creation2) |
|
Published before 1923 |
In
public domain |
None |
|
Published from 1923-77 |
When
published with notice3 |
28
years + could be renewed for 47 years, now
extended by 20 years for a total renewal of 67
years. If not so renewed, now in public domain. |
|
Published from 1964-77 |
When
published with notice |
28
years for first term; now automatic extension of
67 years for second term |
|
Created before 1-1-78 but not published |
1-1-78, the effective date of the 1976 Act which
eliminated common law copyright |
Life
+ 70 years or 12-31-2002, whichever is greater |
|
Created before 1-1-78 but published between then
and 12-31-2002 |
1-1-78, the effective date of the 1976 Act which
eliminated common law copyright |
Life
+ 70 years or 12-31-2047, whichever is greater |
1 Term of joint works is measured by
life of the longest-lived author.
2 Works for hire, anonymous and
pseudonymous works also have this term. 17 U.S.C. §
302(c).
3 Under the 1909 Act, works published
without notice went into the public domain upon
publication. Works published without notice between
1-1-78 and 3-1-89, effective date of the Berne
Convention Implementation Act, retained copyright only
if efforts to correct the accidental omission of notice
was made within five years, such as by placing notice on
unsold copies. 17 U.S.C. § 405.
What is Fair Use?
A provision for fair use is found in the Copyright
Act at Section 107. Under the fair use provision, a
reproduction of someone else's copyright-protected work
is likely to be considered fair use if it is used for
one of the following purposes: criticism, comment, news
reporting, teaching, scholarship and research. If the
reproduction is for one of these purposes, a
determination as to whether the reproduction is fair use
must be made based upon four factors:
The purpose and character of use (principally,
whether for commercial or nonprofit
educational use);
The nature of the copyright-protected work;
The amount and substantiality of the portion used;
and
The effect of the use being evaluated upon the
potential market for or value of the copyright-protected
work.
Fair use is an ambiguous concept, and the law does
not state exactly what uses of a copyrighted work will
be considered fair uses. As such, individuals who are
not lawyers may often need to be interpreters of the law
in everyday circumstances, and answers as to how much
reproduction may be considered fair use often remain
unclear. The bottom line is that fair use requires a
very circumstance-specific analysis as to whether a
particular use or reuse of a work may indeed be
considered fair use.
To avoid confusion and minimize the risk of copyright
infringement, Our Lady of the Lake College interprets
the following situations as fair use:
Quotation of short passages in a scholarly or
technical work for illustration or clarification of the
author's observations.
Reproduction of material for classroom use where
the reproduction is unexpected and "spontaneous" as
described by the Copyright Clearance Center:
"The copying is at the instance and inspiration of
the individual teacher; and 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."
Use in a parody of short portions of the work
itself.
A summary of an address or article, which may
include quotations of short passages of the
copyright-protected work.
If the intended use does not meet the above criteria
and the work is protected by copyright, the user will
probably need to obtain permission to use the work from
the copyright holder or its agent.
Please refer to the "Fair Use Checklist" (Appendix
A) for guidelines on determining fair use.
GUIDELINES FOR USING PRINTED MATERIALS
Classroom Handouts
Based on the College's fair use guidelines, determine
whether classroom handouts require permission. If the
handout is a new work for which the user could not
reasonably be expected to obtain permission in a timely
manner and the decision to use the work was spontaneous,
that work may be used without obtaining permission.
However, if the handout is planned in advance, repeated
from semester to semester, or involves works that have
existed long enough that one could reasonably be
expected to obtain copyright permission in advance the
user must obtain copyright permission to use the work.
Course-packs
All articles, chapters and other individual works in
any print or electronic course-pack require copyright
permission. When creating course-packs faculty members
are responsible for ensuring that each item in the
course-pack complies with copyright law.
Copyright permission for course-packs is usually
granted by the academic period. To reuse a course-pack
in subsequent academic periods (e.g., semester,
winter-session, summer school), the user probably needs
to obtain permission again. Many copyright holders
provide time-sensitive permission because their own
rights may be time-sensitive and could be transferred to
different copyright holders at any time.
Reserves
If Our Lady of the Lake Library/CIL owns a copy of a
publication, the Colleges faculty, staff, or students
may place that copy on reserve without obtaining
copyright permission. If faculty, staff, or students
wish to reproduce additional copies of a work and place
them on reserve for review, in either paper or
electronic format, the requestor must obtain copyright
permission.
Faculty requests for course reserves (books,
articles, etc.) available in print or electronic form
through Our Lady of the Lake College Library/CIL will be
approved within the parameters of copyright law. No
interlibrary-loan items may be put onto reserve.
Course Reserves may be authorized for items owned by
Our Lady of the Lake College, personal copies, or items
for which copyright permission has been obtained by the
faculty member. For more detailed information please
contact the Librarys Circulation staff. Information is
also available on the Library web site (www.ololcollege.edu/LRC/LRC.htm).
Licensed Databases
Our Lady of the Lake College pays a fee, both as an
individual institution and as a member of LOUIS (the
Louisiana Library Network), to provide the campus
community with online access to a number of licensed
databases. The databases are online at
www.ololcollege.edu/LRC/LRC.htm.
Individual members of the Our Lady of the Lake
College community may have access to, print and
reproduce these materials for educational use. Different
databases have different terms-of-use. For instance,
some may allow direct linking to articles for
educational purposes. Most allow faculty members to
place them on electronic reserve for class use.
As terms and conditions may vary, please contact the
Library public services staff or the Library Director
with questions about permissible use.
Photocopying in the Library and Elsewhere on Campus
It is permissible to photocopy copyright-protected
works in Our Lady of the Lake College Library/CIL and
elsewhere on the OLOLC Campus without obtaining
permission from the copyright owner, under the following
circumstances:
Library user requests for articles and short
excerpts. At the request of a library user or another
library on behalf of a library user, the Our Lady of the
Lake College Library/CIL may allow a user to make one
reproduction of an article from a periodical or a small
part of any other work. The reproduction must become the
property of the library user, and the library must have
no reason to believe that the reproduction will be used
for purposes other than private study, scholarship and
research. As recommended by Section 108 of the Copyright
Act, the library must display the Copyright policy at
the place library users make their reproduction requests
to the library.
Archival reproductions of unpublished works. Up to
three reproductions of any unpublished work may be made
for preservation or security or for deposit for research
use in another library or archive. This may be a
photocopy or digital reproduction. If it is a digital
reproduction, the reproduction may not be made available
to the public outside the library or archive premises.
Prior to receiving any of the three reproductions
permitted under this provision from another library or
archive, Our Lady of the Lake College Library/CIL or
archive must make a reasonable effort to purchase a new
replacement at a fair price. The reproducing library or
archive must also own the work in its collection.
Replacement of lost, damaged or obsolete copies.
Our Lady of the Lake College Library/CIL may make up to
three reproductions, including digital reproductions, of
a published work that is lost, stolen, damaged,
deteriorating or stored in an obsolete format. Any
digital reproductions must be kept within the confines
of the library (that is, available on its computer but
not placed on a network accessible by the general, non-OLOL
College public).
Library user requests for entire works. One
reproduction of an entire book or periodical by a user
may be allowed in the library at a library user's
request, or made by another library on behalf of a
library user upon certain conditions being met. These
conditions include a determination that, after
reasonable investigation, an authorized reproduction
cannot be obtained at an acceptable price. Once made,
the reproduction must become the property of the library
user. The library must have no reason to believe that
the reproduction will be used by the user for purposes
other than private study, scholarship and research, and
the library must display the register's notice at the
location users make their reproduction requests.
Photocopying By Students
Students may photocopy materials at the Our Lady of
the Lake College Library/CIL provided the following
criteria are met:
The user makes one reproduction of an article from
a periodical or a small part of any other work;
The reproduction becomes the property of the
library user;
The library has no reason to believe that the
reproduction will be used for purposes other than
private study, scholarship and research; and
The library displays the Copyright policy at the
location users make their reproduction requests.
Photocopying by students is subject to a fair use
analysis as well. A single photocopy of a portion of a
copyright-protected work, such as a copy of an article
from a scientific journal made for research, may be made
without permission. Photocopying all the assignments
from a book recommended for purchase by the instructor,
making multiple copies of articles or book chapters for
distribution to classmates, or copying material from
consumable workbooks, all require permission.
Interlibrary Loan
The Our Lady of the Lake College Library/CIL may
participate in interlibrary loans (ILL) without
obtaining permission provided that the "aggregate
quantities" of articles or items received by the patron
do not substitute for a periodical subscription or
purchase of a work. The College follows the CONTU
guidelines for defining "aggregate quantities." The
CONTU guidelines state that requesting and receiving
more than five articles from a single periodical within
a calendar year, or a total of six or more copies of
articles published within five years prior to the date
of request, would be too many under CONTU.
If the articles or items being copied have been
obtained through a digital license, the user must check
the license to determine under what terms and
conditions, if any, interlibrary loan is permitted.
Copyright and Foreign Works
The U.S. is a member of the leading international
copyright treaty, the Berne Convention. As such, when
Our Lady of the Lake College uses a copyright-protected
work from another country, the protections provided to
works by U.S. copyright law automatically apply to the
use of that work as well (assuming the use takes place
in the U.S.).
MULTIMEDIA AND THE INTERNET
Multimedia Fair Use
The following governs what is permissible with regard
to multimedia formats:
Creators of multimedia products may prepare a total
of three copies - one copy for use, one copy for
preservation and replacement purposes only, and one copy
for Library Reserve. Fair Use expires two years after
the first instructional use of a particular multimedia
product.
Motion Media up to 10% or 3 minutes (whichever is
less) of a source may be used.
Music, Lyrics, Music Video up to 10% but not more
than 30 seconds from an individual work may be used.
Numerical Data Sets up to 10% or 2500 fields or
cell entries (whichever is less) may be used.
Technology-Enhanced Instruction and the TEACH Act
The TEACH (Technology, Education, and Copyright
Harmonization) Act of 2002 updated
Section 110(2) of the Copyright Act to extend
some of the face-to-face teaching copyright exemptions
to online learning, including both campus-based
instruction supported by online activities, as well as
true distance-learning courses.
Under the TEACH Act, non-dramatic literary and
musical works (e.g., an essay, a poem, a song)
and "reasonable and limited portions" of other works
may be displayed or performed in class sessions that are
transmitted online, subject to a number of specified
conditions.
The following guidelines are recommended, based on
the North Carolina State University Libraries' TEACH
Toolkit (http://www.lib.ncsu.edu/scc/legislative/teachkit/),
for distance learning and other forms of online
instructional delivery:
1. The material should be used only for instructional
purposes as an integral part of the course session.
2. The copy of the material used must be lawfully
made and lawfully acquired.
3. The course material should be accessible only to
students in the course, for the duration of the course,
through a secure, password protected course Web site or
through a password protected course management system
(such as Blackboard).
4. The instructor should post a notice to students
that copyrighted work is being made available through
the course and that students may not distribute or use
the material outside of the course. An example of such a
notice follows:
United States law governs the use of copyrighted
material. These laws prohibit reproduction of the
material for purposes other than the intended
instructional purposes of this course. Other uses,
including commercial use and any further electronic
distribution of the material, may constitute copyright
infringement.
5. Reasonable controls should be employed to prevent
students from downloading and distributing the material.
This can be done by using technology, such as streaming
video.
6. There is no exemption under the TEACH Act for the
use of works that were specifically produced for the
purpose of educational use. Examples of such materials
are electronic course packs and electronic textbooks
provided by publishing companies. This type of material
may be used only in accord with the contracts or
licenses entered into between the intellectual property
holder and the user.
7. Materials may not be digitized if they are already
available in a digital format. The use of newly
digitized material must be protected technologically
from copyright infringement.
8. As noted above, in the case of non-dramatic
literary or musical works (e.g., an essay, a poem, or a
song), the entire work may be transmitted in an online
class session. Visual images that may be presented in a
face-to-face class (e.g., a photograph or a painting)
may also be transmitted online. However, only
"reasonable and limited portions" of other works, such
as a motion picture, may be presented online.
Please note that the TEACH Act applies only to class
sessions, not to other aspects of technology-enhanced
instruction (such as the distribution of background
material to students). The fair use provisions apply to
all aspects of online instruction, and in some instances
fair use may permit more extensive use of copyrighted
materials than that specifically permitted by the TEACH
Act.
Use of the Internet or Intranet
Copyright law applies to materials found or posted on
the Internet to the same extent that it applies to
material found in more traditional formats. There are
additional factors specific to the Internet or Intranet
to consider; many of these factors are provided below to
assist in making prudent decisions:
Written permission must be obtained to use
copyrighted material (e.g., text, graphics, source code)
on the Internet, and the user must maintain a copy of
that permission.
Any media displayed on the Internet as part of a
web page and accessible outside the College community is
considered to be a public performance except when
defined as fair use.
Importing information from another web site and
displaying it in a frame requires permission from the
web site owner.
In-lining files require permission from the owner.
Permission may not be required to link to another
site; however, internal or deep linking that bypasses
information the web site owner wants viewed (e.g.,
ownership information, advertising, etc.) requires
permission.
A URL is not copyright protected because it is
considered a fact, like an address.
A sites existence on the Internet gives implied
permission to link to that site.
The owner of a web site has the right to demand
that links to the site or specific pages be removed.
A list of links created by someone else may be
copyrightable under a compilation copyright; therefore,
a list of links may not be copied in its entirety to an
Internet site. A link, however, may be made to that list
of links.
Course Management Systems and Digital Transmission of
Materials
Instructors who use Course Management Systems (CMS),
such as Blackboard, must comply with federal copyright
laws, including the TEACH Act. The TEACH Act focuses
primarily on online instruction and the electronic
distribution of course materials, which includes the
Colleges use of Blackboard to support all instructional
activities.
The copyright requirements for TEACH and CMS postings
(through Blackboard) are similar to those of classroom
handouts, but extend the traditional rules for those
handouts to the digital transmission of materials. If
the use is spontaneous (i.e., at the instance and
inspiration of the individual teacher; and 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) and will not
be repeated, copyright permission is not required;
however, the content may not remain posted for extended
periods of time. If the use is planned, repeated or
involves works that have existed long enough that one
could reasonably expect to receive a response to a
request for copyright permission, permission is
necessary prior to use.
Use of Film and Video in Courses
Possession of a film or video does not confer the
right to show the work. These same conditions
apply to audio recordings, slides, and other
audio-visual materials. The copyright owner specifies,
at the time of purchase or rental, the circumstances in
which a film or video may be "performed" or "displayed."
Copyright law allows for an exception to the copyright
holder's exclusive right of performance. This
"face-to-face" exception permits educators or students
to perform works (including home-use video) in class, as
long as all of the following criteria are met:
The film or video must be shown as part of the
instructional program;
The film or video must be shown by students,
instructors, or guest lecturers;
The film or video must be shown either in a
classroom or other school location devoted to
instruction such as a studio, workshop, library,
gymnasium, or auditorium if it is used for instruction;
The film or video must be shown either in a
face-to-face setting or where students and teacher(s)
are in the same building or general area;
The film or video must be shown only to students
and educators; and
The film or video must be shown using a legitimate
copy with the copyright notice included. Further, the
relationship between the film or video and the course
must be explicit. Films or videos, even in a
face-to-face classroom setting, may not be used for
entertainment or recreation without the copyright
holder's permission, whatever the work's intellectual
content.
Faculty may direct their students to rent specific
videos on their own, at individual expense, for their
own private viewing;
Faculty may choose (if possible) to show videos
during scheduled class time;
Films and videos that are owned by the College may
ordinarily be viewed by students, faculty, or staff at
workstations or other spaces on campus.
Non-Course Use of Videos
Performances or displays that are intended for
viewing by the College community or unrelated to a
specific course may require explicit permission for
"public performance rights" from the copyright owner.
For example, academic or administrative
departments/programs or student groups that wish to
sponsor non-course related films (including a film
series) would need to obtain a public performance
license for each showing. Performances or displays that
include an admission fee may involve additional
licensing requirements from the copyright owner. Please
contact the Library Director for information and
guidance.
Purchased, Rented, or Borrowed Films and Videos
Films or videos purchased, rented, or borrowed with
the caveat "home use only," may be used in face-to-face
teaching activities. Such programs may not be used as
part of a public performance without licensing.
College facilities and equipment may not be used to
show media that have not been legally obtained for
classroom or public showings.
A limited number of films and videos (e.g., those
purchased through PBS or Films for the Humanities and
Sciences) owned by the College include public
performance rights. Please check with the Library
Director to determine license status before planning a
program.
Producing Original Media
Individuals who seek to create original media must be
aware of the following guidelines:
Existing media may be incorporated into a work
being produced by a student or faculty member for a
class project or educational program. However, the
borrowed material may not constitute more than 10% of
the original and may not comprise the majority or
include the essence of the original work in the finished
work without permission.
A video created from a compilation of several
different videos, not including off-air
recordings, may contain a portion of another video;
however, it may only be used two times
within ten days, after which copyright permission
must be sought to reuse the video.
Copying or Converting Media
In general, it is legal for individuals to convert
items they own, or that are owned by the College, to
electronic form only for individual scholarship or
research. This includes scanning photos, drawings, or
slides, typing or scanning text, or digital recording of
audio materials.
However, it is not legal to convert film or video
into another form (e.g., converting a copyrighted video
to computer video format). It is acceptable to extract
still images from a video, including multiple still
images that do not exceed 10% of the video and do not
extract the essence of the work. In an emergency, a
video may be duplicated to replace a purchased copy
which is lost or damaged. However, a purchased
replacement copy must be substituted in due course.
Our Lady of the Lake College does not permit
duplication of copyrighted media without the written
consent of the publisher or copyright owner.
Video Recording Off-Air
Licenses may be obtained for copying and off-air
recording. Absent a formal agreement, "Guidelines for
Off-the-Air Recording of Broadcast Programming for
Educational Purposes," an official part of the Copyright
Act's legislative history, applies to most off-air
recordings:
Video recordings may be shown to students only
within the first 10 school days after the recording has
occurred;
The recordings are to be shown to students enrolled
in a particular course no more than two times during the
10 school-day period and the second time only for
necessary instructional reinforcement;
After 10 calendar days, video recordings may be
viewed only by instructors and their peers for
evaluation purposes to determine whether to include the
broadcast program in future curriculum;
Video recordings may be kept for no more than 45
calendar days after the recording date, at which time
the recordings must be erased, destroyed, or licensed;
Off-air recordings by staff must be made only at
the request of an individual instructor for
instructional purposes, not by staff in anticipation of
later requests;
If several instructors request video recordings of
the same program, duplicate copies are permitted to meet
the need; all copies are subject to the same
restrictions as the original recording;
The off-air recordings may not be physically or
electronically altered or combined with others to form
anthologies, but they need not necessarily be used or
shown in their entirety; and
All copies of off-air recordings must include the
copyright notice on the broadcast program as recorded.
Use of Visual Images
Copyright law applies to the use of images obtained
from any source, including the Internet, printed
publications, etc. The following guidelines must be
considered:
Scanned images, including photographs, cannot be
used without written permission.
Computer readable images copied from other Internet
sites should be considered copyrighted.
A link may be made to an image on another site as
long as the sites identity is clearly noted.
A "visual image" is a unique photographic
representation of an object (e.g., an "original" 35mm
slide) or a photographic reproduction of an object
("duplicate" slide). The term "visual image" is used
here to refer to representations or reproductions of
works of art (e.g., painting, sculpture, decorative or
craft objects, graphics media, drawings, collages, mixed
media, and electronic media) and architecture, and also
includes maps, diagrams, charts, and scientific
drawings. Images are typically surrogates for the
represented works; their intrinsic value is primarily as
documentation of the original object (e.g., a slide
representation of the Mona Lisa, a photograph of the
Eiffel Tower, a color reproduction of an anatomical
chart).
Visual images made from reproductions in books and
journals for purposes such as teaching or
research are understood to be fair use only
when photographic representations of the objects are
no longer available or reasonably accessible from
commercial vendors, the object's creator, or the owner
of the work.
The Visual Resources Association (VRA) has published
guidelines that are available online at
http://www.vraweb.org/copyright/guidelines.html.
The VRA guidelines recognize that certain educational
disciplines, such as art and architecture in particular,
are dependent upon visual images for teaching purposes.
The guidelines try to strike a balance between the
rights and concerns of artists, museums, galleries,
vendors and other image providers, while acknowledging
public domain rights and educational exemptions such as
fair use.
When a college or university desires to develop a
permanent archive of visual images, the VRA suggests
purchasing, licensing or otherwise legally acquiring
slides or digital files from museums, galleries, vendors
and other image providers. Other sources may include
original on-site photography produced for sale by
skilled photographers, and digital files distributed on
a free use basis by educational and professional
institutions. Images purchased or licensed are subject
to the conditions specified at the time of purchase or
according to the licensing agreement. Gifts and
donations may be subject to further restrictions imposed
by the donors. It is recommended that donors of original
photographic images be encouraged to grant in writing to
the institution discretionary rights as to use of the
image, including digitizing.
To the extent the permanent archive contains material
created by copystand photography1 or scanning
from published materials, the following considerations
should be met before placing the images in the permanent
archive. Meeting these conditions will provide support
for the argument that the use of the images is a fair
use under copyright law. The considerations are as
follows:
Images of suitable quality are not readily
available at a reasonable cost and in a reasonable time
from a museum, gallery, vendor or other image provider.
Images will not be shared between or among other
educational institutions if such use is prohibited by
the terms of their acquisition.
Images will be used for comment, criticism, review,
analysis, discussion, or other similar purpose
associated with instruction or scholarship.
Images will be used for purposes that are both
nonprofit and educational.
Images will be placed on a restricted Web site.
These restrictions do not apply to images that are in
the public domain. To the extent possible, the VRA
recommends that all images acquired for the permanent
archive of an educational institution should be
identified by source of image, year of acquisition, and
in the case of a purchased or licensed image, the
providers inventory or identifying number or code.
1 A "copystand" is equipment designed to hold
and illuminate an object (two- or three-dimensional) for
the purpose of photographic reproduction. The term "copystand
photography" is used here to refer to the standard
practice of photographic reproduction from published
materials for educational purposes, generally
accomplished with the aid of copystand equipment.
Use of Music
Fair Use Copying
Copying is permitted for:
Emergency replacement of a purchased item;
Multiple copies of works for students (one per
student) that do not exceed 10% of a work; or
A single copy of performances by students for
evaluation purposes.
Permission-Only Copying
Permission is required when:
Copying to create, replace, or substitute for
anthologies, compilations, or collective works;
Copying of or from works intended to be
"consumable" in the course of study or teaching such as
workbooks, exercises, standardized tests, answer sheets,
and like material;
Copying for the purpose of performance (this may be
permissible under some circumstances);
Copying for the purpose of substituting for the
purchase of music; or
Copying without inclusion of the original copyright
notice.
Other Issues
Other issues related to the copying of music include
recording copyrighted works in any format (e.g.,
phonograph records, cassettes, audio CDs, mp3s),
preparing derivative works, distributing copyrighted
music, and performing musical works. In general, it is
not an infringement if:
The playback or performance is done in face-to-face
teaching;
The playback or performance of the work is on
closed-circuit TV to other classrooms or to disabled
students for teaching purposes only; and
There is no direct or indirect commercial
advantage, including no fees paid to performers and no
admission charge.
HOW TO OBTAIN COPYRIGHT PERMISSION
Permission to use copyright-protected materials, when
required, should be obtained prior to using those
materials. It is best to obtain permission in writing
(including email) and to retain a record of compliance
to be made available upon request. For more information
and forms for obtaining copyright permission see the
Library/CIL webpage. The time to obtain permission may
vary, and, where possible, the permission procedure
should begin well in advance of the time that the
materials are needed. If prompt permission is needed,
inform the copyright owner who may be able to respond
more quickly.
The Copyright Office of the Library of Congress (www.loc.gov)
may be of assistance in locating a copyright owner if
the work is registered. Note, however, that copyright is
automatically granted to all works when fixed in a
tangible medium and that registration with the Copyright
Office is not required.
Information to Include in a Permission Request
The copyright holder or its agent will require the
following information in order to grant permission to
the requestor:
Title of the material
Creator/author of the material
Publisher of the material
Description of material
ISBN or ISSN, if applicable
Date of publication, if applicable
Purpose for which user wishes to reproduce the item
(e.g., educational, research, commercial)
How the material is to be reproduced (e.g.,
photocopied, digitized)
Where the reproduced material will be used or will
appear and for how long
A model "Request for Copyright Permission" letter is
available through the Our Lady of the Lake College
Library/CILs web site.
RESOURCES FOR ANSWERS TO COPYRIGHT QUESTIONS
Our Lady of the Lake College
The Our Lady of the Lake College Library/CILs web
site provides links to a rich set of resources focused
on copyright law and higher education:
www.ololcollege.edu/LRC/LRC.htm.
In addition to this web site and these guidelines,
various campus resources are available to
address copyright-related issues. Individuals may
choose to consult with the following departments:
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Office/Department |
Name/Director |
Phone |
Copyright Issue |
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Academic Affairs |
Dr. BeveDavid Englandrly Farrell |
225-768-1711 |
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225-768-1747 |
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Administrative & Academic
Computing |
Amrita Pal |
225-490-1697 |
Blackboard assistance |
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Library/CIL |
Travis Dudley, Director |
225-768-1730 |
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Maggie WhiteCarolyn Langlois |
225-768-1783 |
Interlibrary Loan |
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Circulation Desk staff |
225-768-1730 |
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External Copyright-Related Resources
The following external resources are recommended to
members of the College community who are interested in
learning more about copyright:
"Fair Use Checklist" (Copyright Management Center
at Indiana University
Purdue University Indianapolis)
http://www.copyright.iupui.edu/checklist.htm
Copyright Clearance Center
http://www.copyright.com/
The Campus Guide to Copyright Compliance for Academic
Institutions
http://www.copyright.com/Services/copyrightoncampus/
The TEACH Act
http://www.copyright.com/media/pdfs/CR-Teach-Act.pdf
Using Electronic Reserves
http://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdf
Using Course Management Systems
http://www.copyright.com/media/pdfs/Using-Course-Management-Systems.pdf
Glossary
http://www.copyright.com/ccc/do/viewPage?pageCode=h2
Academic FAQs
http://www.copyright.com/ccc/do/viewPage?pageCode=h22-n
Campus Copyright Rights & Responsibilities: A Basic
Guide to Policy Considerations
(AAU)
http://www.aau.edu/reports/Rights_and_Responsibilities_2005.pdf
Copyright Law of the United States (Copyright Act of
1976 and amendments), United
States Copyright Office
http://www.copyright.gov/title17/
Section 106: Exclusive rights in copyrighted works
http://www.copyright.gov/title17/92chap1.html#106
Section 107: Fair use
http://www.copyright.gov/title17/92chap1.html#107
Section 108: Reproduction by libraries and archives
http://www.copyright.gov/title17/92chap1.html#108
Section 110: Exemption of certain performances and
displays (classroom exemption
provision)
http://www.copyright.gov/title17/92chap1.html#110
American Library Association: Copyright Issues
http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm#pages#pages
The TEACH Toolkit, North Carolina State University
Libraries
http://www.lib.ncsu.edu/scc/legislative/teachkit/
Visual Resources Association Image Collection
Guidelines
http://www.vraweb.org/copyright/guidelines.html
Copy Photography Computator
http://www.vraweb.org/computator/welcome.html
CONTU Guidelines on Photocopying under Interlibrary
Loan Arrangements, National
Commission on New Technological Uses of Copyright
Works (CONTU), Final Report,
pg. 54-55
http://www.cni.org/docs/infopols/CONTU.html
Copyright & Fair Use, Stanford University Libraries
http://fairuse.stanford.edu/
Association of Research Libraries (ARL) Copyright and
Intellectual Property
http://www.arl.org/info/frn/copy/copytoc.html
Electronic Reserves and Fair Use
http://www.arl.org/newsltr/232/ereserves.html
Digital Millennium Copyright Act [PDF] (1998), United
States Copyright Office
http://www.copyright.gov/legislation/hr2281.pdf
Professional Guidelines & Policies, The Consortium of
College and University Media
Centers (CCUMC)
http://www.indiana.edu/~ccumc/copyright/guidelines.html
Regents Guide to Understanding Copyright &
Educational Fair Use, University System of
Georgia
http://www.usg.edu/admin/legal/copyright/#part2
Reproduction of Copyrighted Works by Educators and
Librarians [PDF] (Circular 21),
United States Copyright Office
http://www.copyright.gov/circs/circ21.pdf
[Guidelines agreed to by the Association of American
Publishers and The Author's League of
America]
This policy provides practical advice and procedures
on copyright-related matters; however, it is
not a substitute for legal advice, and proper legal
advice should be obtained when necessary.
Please contact the Library Director, 225-768-1731,
for assistance.
The print version of the Our Lady of the Lake College
Copyright Compliance Policy and Guidelines has been most
recently published on May 25, 2006. Modifications to
these Guidelines may be made as needed. Please consult
the electronic version for the most current document on
the Our Lady of the Lake College web site at: http://www.ololcollege.edu/LRC/LRC.htm.
CONTU (National Commission on New Technological Uses
of Copyright Works)
Source: Final Report of the National Commission on
New
Technological Uses of Copyrighted Works, July 31,
1978,
Library of Congress, Washington, DC, 1979, pages
54-55.
CONTU Guidelines on Photocopying under Interlibrary
Loan Arrangements
The CONTU guidelines were developed to assist
librarians and copyright proprietors in understanding
the amount of photocopying for use in interlibrary loan
arrangements permitted under the copyright law. In the
spring of 1976 there was realistic expectation that a
new copyright law, under consideration for nearly twenty
years, would be enacted during that session of Congress.
It had become apparent that the House subcommittee was
giving serious consideration to modifying the language
concerning "systematic reproduction" by libraries in
Section 108(g)(2) of the Senate-passed bill to permit
photocopying under interlibrary arrangements, unless
such arrangements resulted in the borrowing libraries
obtaining "such aggregate quantities as to substitute
for a subscription to or purchase of" copyrighted works.
The Commission discussed this proposed amendment to
the Senate bill at its meeting on April 2, 1976.
Pursuant to a request made at that meeting by the
Register of Copyrights, serving in her ex officio role,
the Commission agreed that it might aid the House and
Senate subcommittees by offering its good offices in
bringing the principal parties together to see whether
agreement could be reached on a definition of "such
aggregate quantities." This offer was accepted by the
House and Senate subcommittees and the interested
parties, and much of the summer of 1976 was spent by the
Commission in working with the parties to secure
agreement on "guidelines" interpreting what was to
become the proviso in Section 108(g)(2) relating to
"systematic reproduction" by libraries. The pertinent
parts of that section, with the proviso added by the
House emphasized, follow:
(g) The rights of reproduction and
distribution under this section extend
to the isolated and unrelated
reproduction or distribution of a single
copy or phonorecord of the same material
on separate occasions, but do not extend
to cases where the library or archives,
or its employee...
(2) engages in the systematic
reproduction or distribution of single
or multiple copies or phonorecords of
material described in subsection (d):
Provided, That nothing in this clause
prevents a library or archives from
participating in interlibrary
arrangements that do not have, as their
purpose of 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 such work.
Before enactment of the new copyright
law, the principal library, publisher,
and author organizations agreed to the
following detailed guidelines defining
what "aggregate quantities" would
constitute the "systematic reproduction"
that would exceed the statutory
limitations on a library's photocopying
activities.
Photocopying-Interlibrary Arrangements
Introduction
Subsection 108(g)(2) of the bill deals, among other
things, with limits on interlibrary arrangements for
photocopying. It 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 such work."
The National Commission on New Technological Uses of
Copyrighted Works offered its good offices to the House
and Senate subcommittees in bringing the interested
parties together to see if agreement could be reached on
what a realistic definition would be of "such aggregate
quantities." The Commission consulted with the parties
and suggested the interpretation which follows, on which
there has been substantial agreement by the principal
library, publisher, and author organizations. The
Commission considers the guidelines which follow to be a
workable and fair interpretation of the intent of the
proviso portion of subsection 108(g)(2).
These guidelines are intended to provide guidance in
the application of section 108 to the most frequently
encountered interlibrary case: a library's obtaining
from another library, in lieu of interlibrary loan,
copies of articles from relatively recent issues of
periodicals--those published within five years prior to
the date of the request. The guidelines do not specify
what aggregate quantity of copies of an article or
articles published in a periodical, the issue date of
which is more than five years prior to the date when the
request for the copy thereof is made, constitutes a
substitute for a subscription to such periodical. The
meaning of the proviso to subsection 108(g)(2) in such
case is left to future interpretation.
The point has been made that the present practice on
interlibrary loans and use of photocopies in lieu of
loans may be supplemented or even largely replaced by a
system in which one or more agencies or institutions,
public or private, exist for the specific purpose of
providing a central source for photocopies. Of course,
these guidelines would not apply to such a situation.
Guidelines for the Proviso of Subsection 108(g)(2)
1. As used in the proviso of
subsection 108(g)(2), the words "...
such aggregate quantities as to
substitute for a subscription to or
purchase of such work" shall mean:
(a) with respect to any given
periodical (as opposed to any
given issue of a periodical),
filled requests of a library or
archives (a "requesting entity")
within any calendar year for a
total of six or more copies of
an article or articles published
in such periodical within five
years prior to the date of the
request. These guidelines
specifically shall not apply,
directly or indirectly, to any
request of a requesting entity
for a copy or copies of an
article or articles published in
any issue of a periodical, the
publication date of which is
more than five years prior to
the date when the request is
made. These guidelines do not
define the meaning, with respect
to such a request, of "...such
aggregate quantities as to
substitute for a subscription to
[such periodical]."
(b) With respect to any other
material described in subsection
108(d), including fiction and
poetry), filled requests of a
requesting entity within any
calendar year for a total of six
or more copies or phonorecords
of or from any given work
(including a collective work)
during the entire period when
such material shall be protected
by copyright.
2. In the event that a requesting
entity:
(a) shall have in force or
shall have entered an order for
a subscription to a periodical,
or
(b) has within its
collection, or shall have
entered an order for, a copy of
phonorecord of any other
copyrighted work, materials from
either category of which it
desires to obtain by copy from
another library or archives (the
"supplying entity"), because the
material to be copied is not
reasonably available for use by
the requesting entity itself,
then the fulfillment of such
request shall be treated as
though the requesting entity
made such copy from its own
collection. A library or
archives may request a copy or
phonorecord from a supplying
entity only under those
circumstances where the
requesting entity would have
been able, under the other
provisos of section 108, to
supply such copy from materials
in its own collection.
3. No request for a copy or
phonorecord of any materials to which
these guidelines apply may be fulfilled
by the supplying entity unless such
request is accompanied by a
representation by the requesting entity
that the request was made in conformity
with these guidelines.
4. The requesting entity shall
maintain records of all requests made by
it for copies or phonorecords of any
materials to which these guidelines
apply and shall maintain records of the
fulfillment of such requests, which
records shall be retained until the end
of the third complete calendar year
after the end of the calendar year in
which the respective request shall have
been made.
5. As part of the review provided for
in subsection 108(i), these guidelines
shall be reviewed not later than five
years from the effective date of this
bill.
These guidelines were accepted by the Conference
Committee and were incorporated into its report on the
new act. During the ensuing twenty months, both library
and publisher organizations have reported considerable
progress toward adapting their practices to conform with
the CONTU guidelines.
The guidelines specifically leave the status of
periodical articles more than five years old to future
determination. Moreover, institutions set up for the
specific purpose of supplying photocopies of copyrighted
material are excluded from coverage of the guidelines.
Checklist for Fair Use
This guide is intended to assist in complying with
the "fair use" provisions of the Copyright Act. Faculty
members can use this tool for evaluating fair use of
copyrighted works. Fair use provisions are included in
the Copyright Act to assist in use of works for
education purposes, research, and teaching.
Faculty should complete this checklist and keep with
records to show intent and application of fair use.
PURPOSE of USE
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Φ |
Favoring Fair Use |
Φ |
Opposing Fair Use |
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Teaching (including
multiple copies for classroom use) |
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Commercial activity |
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Research |
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Profiting from the
use |
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Scholarship |
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Entertainment |
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Nonprofit
Educational Institution |
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Bad-faith behavior |
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Criticism |
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Denying credit to
original author |
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Comment |
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News reporting |
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Transformative or
Productive use (changes the work
for new utility) |
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Restricted access
(to students or other appropriate group)
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Parody |
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NATURE of USE
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Φ |
Favoring Fair Use |
Φ |
Opposing Fair Use |
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Published work |
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Unpublished work |
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Factual or
nonfiction based |
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Highly creative
work (art, music, novels, films,
plays) |
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Important to
favored educational objectives |
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Fiction |
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AMOUNT of USE
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Φ |
Favoring Fair Use |
Φ |
Opposing Fair Use |
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Small quantity |
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Large portion or
whole work used |
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Portion used is not
central
or significant to entire work |
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Portion used is
central to work
or "heart of the work" |
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Amount is
appropriate for favored educational purpose |
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EFFECT of USE
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Φ |
Favoring Fair Use |
Φ |
Opposing Fair Use |
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User owns lawfully
acquired or purchased copy of original work |
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Could replace sale
of copyrighted work |
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One or few copies
made |
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Significantly
impairs market or potential market for
copyrighted work or derivative |
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No significant
effect on the market or potential market for
copyrighted work |
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Reasonably
available licensing mechanism for use of the
copyrighted work |
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No similar product
marketed by the copyright Holder |
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Affordable
permission available for using work |
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Lack of licensing
mechanism |
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Numerous copies
made |
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You made it
accessible on Web or in other Public forum |
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Repeated or long
term use |
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This document is not produced by Our Lady of the Lake
College counsel and is not legal counsel to the college
or to any members of the college community. This
document provides information and education services to
help members of the community better address their
needs. The information received herein is not legal
advice. Individuals and organizations should consult
their own attorneys.
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