Departments: Academic: Library: Copyright Guidelines
In order to ensure that the OCPM college community understands and complies with the law of the Copyright Act, simple guidelines are presented here and will be made available on the OCPM Library's homepage at: www.ocpm.edu/departments/library. The College bears the responsibility for faculty and staff complying with copyright laws. It is rare for legal action to be pursued, but it has occurred causing expensive litigation and fines.
Fair Use:
Applies to educational and research uses by allowing an exception to the copyright owners' rights
Includes colleges who use copies for nonprofit instructional, research, or scholarly activities.
Just because it's for education, doesn't make it fair use or permissible!!
For more information and a chart explaining Permissible Uses:
http://southernlibrarianship.icaap.org/content/v04n01/Diotalevi_r01.htm
http://usg.edu/admin/legal/copyright
Much of the law is open to interpretation, but four factors must be considered when deciding whether fair use applies. The factors are: Purpose, Nature, Amount, and Effect.
Purpose:
Educational nonprofit use - noncommercial instructional / teaching at nonprofit educational institution
Planned noncommercial research directed toward making contribution to a field of knowledge
Presentation of research at noncommercial conference, workshop or seminar
Transformative use - transformed into something new such as adding work for teaching needs
Multiple copies for classroom use
Nature:
Examines characteristic of work being used
Courts favor use of nonfiction over fiction
Courts do not favor use of commercial audiovisual
Commercial works meant for educational market are not fair use - such as workbooks
Amount:
No exact measures exist in copyright laws
Quantity can be relative to the length of the original, copying entire work is against fair use
Court has ruled that a journal article is an entire work
Pictures are usually not fair use, though low-resolution thumbnails may be acceptable for education
Using a small portion, yet if it is the "heart" of the work is against fair use
Effect:
Effect or harm on the market
Materials should include a citation to the original source and a from of copyright notice
Consider whether material is reasonably available and affordable to students
Multiple-copy photocopying:
Classroom use - Instructors may distribute photocopied material to students in class without prior permission under the following conditions:
Distribution of the same material does not occur every semester; restrict use to one course
One copy per student, copy becomes student's property
Material should include copyright notice on first page
Students are not assessed fee beyond actual photocopying cost
An attempt should be made at "selective and spare" use of the material
If article is from Library-subscribed database, students should get article themselves by accessing Library website
Single-copy photocopying:
Research use - for research or preparing lectures. Material is intended for use only once and not to be distributed to others. It is acceptable to make a single copy of:
A chapter from a book, keep amount of material within reasonable proportion of the entire work
An article from a journal of newspaper
A chart, diagram, graph, drawing or picture from a book, journal or newspaper
Library Reserves:
Faculty may photocopy one copy of an article or book chapter and put it on reserve in the Library, abiding by rules similar to classroom use. (see above)
Permission must be requested for the following:
Repetitive copying or use - classroom or reserve use in multiple courses or successive years
Creation of anthologies as basic text for course - creation of collective work to be distributed or purchased and used as class text
Consumable works - works consumed in classroom such as workbooks, standardized tests, exercises
Copying for profit - students should not pay more than actual cost of photocopying costs
Electronic Journal Clubs
Scanning a print article and making it available or sending it out constitutes "multiple" copies. One print copy can be placed in Library and citation can be sent to inform people of chosen article. They may followup individually as they choose.
If article is from a journal that the college subscribes to electronic access, the journal license must be checked to see if an electronic copy can be sent out or if just the web site should be posted.
What's in Public Domain? Not much!
Public Domain - no permission needed due:
Old age - expired copyright
Failure to renew copyright
Owner deliberately places material in Public Domain
Copyright protection is not available for this type of work (facts, popular phrases)
U. S. government works (unless joint ventures)
Current individual copyright protection is in effect through the life of the author, plus 70 years
Corporate authorship and works-for-hire are protected for 120 years from creation or the shorter of 95 years from publication
Works published before 1923 are in Public Domain
Works published after 1922 - assume it is copyrighted (unless owner failed to renew copyright or item doesn't not meet minimum requirements for copyright protection)
Chart explaining when an item passes into public domain: http://unc.edu/~unclng/public-d.htm
Out of Print works - Not in Public Domain
Individual copies may be permitted. Producing additional copies or using images or graphics from the material may need permission. If in doubt, contact the publisher first. Authors of out-of-print material may own copyright once item is no longer published
Digitizing others works for multi-media presentations
Digital images usually need permission. Copyrighted images can be used one time in a lecture - then permission is required.
Royalty-free image banks are available for a fee. Look for Public Domain images and photos that can be used freely.
If a digital image is not lawfully available, a digital image can be scanned or created if it falls under fair use or if permission is granted
Care should be exercised when using material from the internet - it is a mix of copyrighted and public domain material. Much is copyrighted!!
Some copyrighted material may have been posted without permission
Always give credit!
Always give credit and not the copyright ownership if shown on the original source. If using original material, use © sign and not source on presentation
Where to find copyright
All materials almost always have copyright information somewhere!
Books - look on back of title page
Journals - usually on or on back of table of contents
Audiovisual
Audiocassettes - on packaging or on cassette
Slides - on packaging, slide mount or on slide
Video & Films - on packaging, on item, or at beginning or end of production
CD's, DVD's, and Computer Software - on packaging or under "Help - about" once loaded on computer
Paraphrasing and rewording the author's text may still constitute infringement. Some publishers include a statement such as "you may not alter or adapt this material". This protects the author from being misconstrued. If in doubt, ask for permission.
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