Our Lady of the Lake College

Center for Information and Learning (CIL)Copyright Compliance Policy & Guidelines

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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 College’s 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 works—is 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 College’s 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 Library’s 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 OLOL College 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 site’s 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 College’s 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 site’s 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 provider’s inventory or identifying number or code.

1A "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 CD’s, mp3’s), 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/CIL’s web site.

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOURCES FOR ANSWERS TO COPYRIGHT QUESTIONS

Our Lady of the Lake College

The Our Lady of the Lake College Library/CIL’s 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:

 

Office/Department Name/Director Phone Copyright Issue
Academic Affairs Dr. BeveDavid Englandrly Farrell 225-768-1711
     
     
225-768-1747
 
Administrative & Academic Computing Amrita Pal 225-490-1697 Blackboard assistance
       
Library/CIL Travis Dudley, Director 225-768-1730
     
     
     
     
     
  Maggie WhiteCarolyn Langlois 225-768-1783 Interlibrary Loan
  Circulation Desk staff 225-768-1730
     
     
     
     
     

 

 

 

 

 

 

 

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

Φ

Favoring Fair Use

 

Φ

Opposing Fair Use

       
  Teaching (including multiple copies for classroom use)   Commercial activity
  Research   Profiting from the use
  Scholarship   Entertainment
  Nonprofit Educational Institution   Bad-faith behavior
  Criticism   Denying credit to original author
  Comment    
  News reporting    
  Transformative or Productive use (changes the work for new utility)    
  Restricted access (to students or other appropriate group)    
  Parody    
       
       
       

NATURE of USE

Φ

Favoring Fair Use

 

Φ

Opposing Fair Use

       
  Published work   Unpublished work
  Factual or nonfiction based   Highly creative work (art, music, novels, films, plays)
  Important to favored educational objectives   Fiction
       

 

AMOUNT of USE

Φ

Favoring Fair Use

 

Φ

Opposing Fair Use

       
  Small quantity   Large portion or whole work used
  Portion used is not central
or significant to entire work
  Portion used is central to work
or "heart of the work"
  Amount is appropriate for favored educational purpose    
       

 

EFFECT of USE

Φ

Favoring Fair Use

 

Φ

Opposing Fair Use

       
  User owns lawfully acquired or purchased copy of original work   Could replace sale of copyrighted work
  One or few copies made   Significantly impairs market or potential market for copyrighted work or derivative
  No significant effect on the market or potential market for copyrighted work   Reasonably available licensing mechanism for use of the copyrighted work
  No similar product marketed by the copyright Holder   Affordable permission available for using work
  Lack of licensing mechanism   Numerous copies made
      You made it accessible on Web or in other Public forum
      Repeated or long term use
       

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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