 If I see something and it doesn't have a copyright notice, does that automatically mean I can use it?
No. A copyright notice is not required in order to have copyright protection. It is true that many things are not protected by copyright. However, it's good practice to analyze any work that has no copyright notice to determine whether it is likely to be protected by copyright.
What is "fair use”?
The "fair use" provision of the copyright statute (Section 107 "Limitations on exclusive rights: Fair Use"), allows for reproduction of portions of copyrighted materials without permission of the copyright owner "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research". Fair use applies to all copyrighted works, regardless of media, including those fixed in print, electronic and multimedia formats.
What are the "Guidelines for Classroom Copying"?
The Guidelines for Classroom Copying in Not-For-Profit Educational Institutions With Respect to Books and Periodicals, written by a group consisting of the Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision, the Authors League of America, and the Association of American Publishers (AAP), were published as part of the House Report that accompanied the Copyright Act of 1976. It is important to note that the purpose of these guidelines is to state the minimum and not the maximum standards of educational fair use. There may be instances in which copying that does not fall within the guidelines may nonetheless be permitted under the criteria of fair use.
The Guidelines allow a single copy to be made by or for a teacher for his or her scholarly research or for use in teaching or preparation to teach a class, of any of the following:
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a chapter from a book
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an article from a periodical or newspaper
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a short story, short essay or short poem, whether or not from a collective work
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a chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
The Guidelines allow for the reproduction of multiple copies for classroom use, as long as the copying meets the tests of brevity (such as a short poem or article, or 10% of a book), spontaneity (the inspiration and decision to use the work at the moment that would most benefit students did not allow for sufficient time to seek permission), and cumulative effect (this test limits the copying of works from the same author, collective work or periodical volume during one class term, as well as the number of instances of such multiple copying for one course during one class term).
Can I use Illustrations and Photographs in my PowerPoint that I use in-class lectures?
Under the guidelines of fair use a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project.
I use PowerPoint for my in-class lectures. May I add (digitize) charts, graphs and other pages from the course textbook to my PowerPoint presentation?
Yes, as long as you are not incorporating more than 10% of the book, and only for one course and only one semester. For repeated use, seek permission from the publisher of the textbook. It is helpful if the textbook in question is the required text for the course. This permission is usually free, but the publisher wants detailed information about your exact application.
What about text in PowerPoint presentations?
An educational multimedia presentation, such as PowerPoint, may include up to 10% or 1,000 words, whichever is less, of a copyrighted text work
Can I use video in a PowerPoint presentation?
You can use 10% or less of a video in your presentation or three minutes, whichever is less.
Can I show a video in my class that I rented from a store such as Blockbuster?
No, it is a rental movie.
I bought the video "One Flew Over the Cuckoo's Nest". Can I show this video in my class?
Yes. "Videos are sold for Home Use Only, with Public Performance Rights, or with Educational or Classroom Performance Rights. Frequently the same title is available with either home use only or public performance rights. The Public Performance version usually costs significantly more than the home use version. Home Use Only videorecordings may not be shown for public performance but may be used for "face-to-face" classroom teaching. Public Performance videorecordings may be viewed by individuals and groups in a variety of settings but may not be broadcast or transmitted (via television, cable, radio, Internet, etc.) without special permission. Video producers vary in their willingness to grant Broadcast Rights and how much extra they charge for it. The vendor from which you purchase a video may not be -- indeed, usually isn't -- the copyright holder." (Medical Library Association, http://mlanet.org/am/am2003/e_present/weaver_handout.pdf )
I have some videos that I bought at a conference which are no longer available. Can I ask that they be duplicated and housed in the Library/Media Department?
No.
I bought a book that came with some software that I would like my students to learn. Can I ask that the software be loaded on a couple of PCs in the Computer Courtyard or the Library, or should I just make copies and pass them out in class?
No. You use it or install as needed for one user at a time. You can not make copies of software.
What are the copyright restrictions for Items on Reserves?
The Copyright Law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the Law, libraries and archives are authorized to furnish a photocopy or other reproductions. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of that order would involve violation of the law.
What is "Fair use" in Reserve materials"?
"Fair use" for teaching purposes means that, from each single source-
When should Reserve be used?
If you are teaching a class of more than a couple of students, and you'd like the students to be able to share a copy of a text or other class material, then Reserve is the place for you. Very popular for "recommended-but-not-required" course readings.
What sort of materials can I put on Reserve?
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A library copy of a book.
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Your own personal copy of a book. (Please write your full name inside of the book in order to insure its prompt return. )
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A photocopy of an article from a journal. A full source citation must be presented, including copies of the title page and the copyright page.
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A photocopy of a single chapter from a book. Before you put a photocopy of a book chapter on Reserve, consider putting the book itself on Reserve; in any event, the Reserve Room will not put photocopies of a library book on Reserve if we can access the book instead.
How many copies of a reading should I put on Reserve?
One copy of a title can easily serve well over fifty students in normal circumstances. Provisions can be made if there is reason to believe that one copy will not serve the class.
How many readings may I put on Reserve?
You may put up to 20 items on Reserve.
For additional permission please refer to Online Form for Permission to Reproduce Copyrighted Work.
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