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Table
of Contents
Introduction
Copyright
Officer
Policy
on Ownership
Print Materials
Classroom
Use
Copying
and Scanning
Electronic
Journals
Interlibrary
Loan
Print
and Electronic Reserves
Multimedia
Materials
Classroom
Use
Presentation
Streaming
Video/Multimedia
Broadcast
TV Programs
Media
Service Reserves
Software
Podcasting
Frequently Asked Questions
Print
Multimedia
Additional Resources
Instituitional Repository
Fair Use
Links
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Guidelines
for Classroom Use of Copyrighted Print Materials
The following Guidelines for Classroom Copying of Books and Periodicals
is taken from Circular 21 “Reproduction of
Copyrighted Works by Educators and Librarians”
of the U.S. Copyright Office. The purpose of the guidelines
is to
state the minimum, not the maximum, standards of Fair Use as detailed
under Section 107 of HR2223. It is the policy of Macalester
College to adhere to these guidelines.
I. Single Copying for Teachers
A single copy may be made of any of the following by
or for a teacher at his or her individual request for his or her
scholarly research or use in teaching or preparation to teach a class:
- A chapter from a book;
- An article from a periodical or newspaper;
- A short story, short essay or short poem,
whether or not from a collective work;
- A chart, graph, diagram, drawing, cartoon or
picture from a book, periodical, or newspaper;
II. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more
than one copy per pupil in a course) may be made by or for the teacher
giving the course for classroom use or discussion; provided that:
- The copying meets the tests of brevity and
spontaneity as defined below; and,
- Meets the cumulative effect test as defined
below; and,
- Each copy includes a notice of copyright.
Definitions
Brevity
- Poetry: (a) A complete poem if less
than
250 words and if printed on not more than two pages or, (b) from a
longer poem, an excerpt of not more than 250 words.
- Prose: (a) Either a complete article,
story or essay of less than 2500 words, or (b) an excerpt from any
prose work of not more than 1000 words or 10% of the work, whichever is
less, but in any event a minimum of 500 words. [Each of the
numerical limits stated
in "i" and "ii" above may be expanded to permit the completion of an
unfinished line of a poem or of an unfinished prose paragraph.]
- Illustration: One chart, graph,
diagram,
drawing, cartoon or picture per book or per periodical issue.
- "Special" works: Certain works in
poetry,
prose or in "poetic prose" which often combine language with
illustrations and which are intended sometimes for children and at
other times for a more general audience fall short of 2500 words in
their entirety. Paragraph "ii" above notwithstanding such "special
works" may not be reproduced in their entirety: however, an excerpt
comprising not more than two of the published pages of such special
work and containing not more than 10% of the words found in the text
thereof, may be reproduced.
Spontaneity
- 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.
Cumulative
effect
- The copying of the material is for only one
course in the school in which the copies are made.
- Not more than one short poem, article, story,
essay or two excerpts may be copied from the same author, nor more than
three from the same collective work or periodical volume during one
class term.
- There shall not be more than nine instances of
such multiple copying for one course during one class term.
(The limitations stated in "ii" and "iii" above
shall not apply to current news periodicals and newspapers and current
news sections of other periodicals.)
III. Prohibitions as to I and II above
Notwithstanding any of the above, the following shall be prohibited:
- Copying shall not be used to create or to
replace
or substitute for anthologies, compilations or collective
works.
Such replacement or substitution may occur whether copies of various
works or excerpts there from are accumulated or reproduced and used
separately.
- There shall be no copying of or from works
intended to be "consumable" in the course of study or of
teaching. These include workbooks, exercises, standardized
tests
and test booklets and answer sheets and like consumable material.
- Copying shall not:
- substitute for the purchase of books,
publishers' reprints or periodicals;
- be directed by higher authority;
- be repeated with respect to the same item by
the same teacher from term to term.
- No charge shall be made to the student beyond
the actual cost of the photocopying.
Agreed March 19, 1976
Ad Hoc Committee on Copyright Law Revision: by Sheldon
Elliott Steinbach
Authors League of America: by Irwin Karp, Counsel Association
of
American Publishers, Inc.: by Alexander C. Hoffman,
Chairman, Copyright Committee
Copying
and Scanning
The library staff will assure that notice of copyright will
appear near all reproducing equipment. This includes all photocopiers
and scanners used within the library. The copyright statement that will
appear by the machines is as follows:
"NOTICE
OF COPYRIGHT RESTRICTIONS
The
copyright law of the United States (Title 17 United States Code)
governs the making of photocopies or other reproductions of copyrighted
materials. The person using this equipment is liable for copyright
infringement."
Electronic
Journals
For purposes of copyright and interlibrary loan, electronic journals
are held to the same standards as printed journals and subject to the
same considerations for Fair Use and Classroom copying.
All services with which we contract to provide online fulltext include
statements regarding copyright in their information on terms and
conditions of use.
Interlibrary
Loan
Libraries and archives are authorized to furnish a photocopy or other
reproduction under certain specific conditions. One of these specified
conditions is the photocopy or reproduction should not be "used for any
purpose other than private study, scholarship, or research [17 U.S.C.
Section 108(D1) and (E1)]." The library will refuse to accept a copying
order if, in its judgment, fulfillment of the order would violate
copyright law. While providing the interlibrary loan service
the Macalester College library adheres to the following copyright
guidelines:
- Requesting, and receiving, no more than five
articles per year within any single journal title published within the
last five years. If this limit is exceeded we will notify the
Copyright Clearance Center and pay a royalty fee for any article
received beyond this limit.
- Requesting no more than one article from any
one journal issue at a time.
- Keeping electronic versions of copied material
for a limited time
period. Macalester sets this limit at seven days.
During this time
period an electronic copy may be saved, printed, or deleted by the
person who requested it. At the end of this time period the
copy will
be permanently deleted and must be requested again if a new copy is
desired.
Photocopies from Books and Periodicals for ILL
All materials processed for interlibrary loan purposes must include a
copy of the copyright notice from the original work or a statement
regarding copyright protections as per section 108 of the Digital
Millenium Copyright Act regarding Limitations on exclusive Rights:
Reproduction by libraries and archives:
“The
reproduction or distribution of the work includes a notice of copyright
that appears on the copy or phonorecord that is reproduced under the
provisions for this section, or includes a legend stating that the work
may be protected by copyright if no such notice can be found on the
copy or phonorecord that is reproduced under the provisions of the
law.”
Print and Electronic Reserves
These guidelines apply to both traditional and electronic reserve
material.
The copyright policy of the DeWitt Wallace Library regarding Reserve
and Electronic Reserve materials is that we will process all material
deemed to be within Fair Use guidelines, or we will seek, obtain, and
pay for permissions to process material deemed to exceed the Fair Use
guidelines. The DeWitt Wallace library staff will aid in the
interpretation of the law and assist faculty in adhering to this
policy. The library will not place material on reserve if the
material is judged to be beyond the reasonable limits of fair
use.
In order to comply with the federal copyright guidelines, library staff
require that:
- Faculty sign a form that they have read the
copyright guidelines and understand that copies of material placed on
reserve must conform. This form is completed and signed once by each
faculty member who uses Reserves.
- Material to be processed for Reserves must
contain the notice of
copyright. This includes: the letter "c" in a circle, ©, date
and place
of publication, author, and title. In the case of a journal,
place of
publication is not necessary.
- Permission must be provided by the instructor
OR obtained and paid for
by library staff for material deemed to exceed Fair Use
provisions.
This includes material by students or material from out of print books.
- We can process the following without
copyright permission:
-
- exams, lecture notes, government
documents
- one copy of an article from a single
journal issue, one chapter from a
book, one short story, or essay or poem as long as they meet criteria
of Fair Use.
- We will seek permission for the following:
-
- material used by the same professor for
the same course previously
- material exceeding one copy of an article
from a single journal issue,
one chapter from a book, one short story, essay or poem..
- We will not process material taken from a
workbook.
- All material will be removed from Reserves and
returned to the faculty at the end of the academic term.
For more information, please contact Janet
Sietmann (x6545 or Sietmann@macalester.edu)
or access the Frequently Asked Questions (link to existing FAQs, text
below, but also on main page of current copyright site which should be
moved under reserves on the new site) or Reserves information
for faculty and staff.
For course packets, Document Services will seek
permission and charge back fees to departments. Please contact them
directly for more information.
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