Edmund Stanley Library - Copyright Guidelines

• All copying is subject to Federal Law Chapter 17
• All faculty/ staff who seek to copy materials that may be subject to this law are responsible for ensuring that it conforms to said law either through fair use guidelines or copyright permission procurement from the publisher
• the library has the right to return materials or refuse service if it is judged that such materials or service violate federal copyright law (just because something has been on reserve in the past or copies have been made before does not mean that it conforms to federal law; when materials are discovered to be in violation they will be returned to the staff/faculty member responsible with a notice to that effect)

The Library conforms to and urges all faculty to conform to the following copyright guidelines

Fair Use Guidelines | Library Special Rights | Coursepacks | Performance | Images & Electronic | Music | Research | Reserves |

First Steps.
Answer these three questions to decide whether you need permission to use a copyrighted work.

1. Is the work protected?
This Policy does not apply to, and anyone may freely use*:

• Works that lack originality
  • logical, comprehensive compilations (like the phone book)
  • unoriginal reprints of public domain works
• Works in the public domain
• Freeware (not shareware, but really, expressly, available free of restrictions-ware)
• US Government works /a>
• Facts
• Ideas, processes, methods, and systems described in copyrighted works

The presence or absence of a copyright notice no longer carries the significance it once did because the law no longer requires a notice.
Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice means virtually nothing.

2. If the work is protected, do you wish to exercise one of the owner's exclusive rights?

• Make a copy (reproduce)
• Use a work as the basis for a new work (create a derivative work)
• Electronically distribute or publish copies (distribute a work)
• Publicly perform music, prose, poetry, a drama, or play a video or audio tape or a CD-ROM, etc. (publicly perform a work)
• Publicly display an image on a computer screen or otherwise (publicly display a work)

3. Is your use exempt or excused from liability for infringement?
If an exemption does not excuse infringement and eliminate the need to ask permission or pay fees to exercise the owner's rights, you need permission.

• Fair use
• Library's special rights
• Educational performances and displays

Back to the Top

Fair Use Guidelines

• Library Special Rights
• Coursepacks
• Performance & Displays (performing or displaying others' works)
• Images and Electronic (like digital images or web pages)
• Distance Education
• Music
• Research
• Reserves

Back to the Top

LIBRARY'S SPECIAL RIGHTS
Our library is authorized to exercise special rights in addition to fair use:

• archiving lost, stolen, damaged or deteriorating works
• making copies for library patrons
• making copies for other libraries' patrons (interlibrary loan)

Back to the Top

GUIDELINES FOR COURSEPACKS
Remember: One time, one use, one semester, one clase only

1. Limit coursepack materials to
   • single chapters
   • single articles from a journal issue
   • several charts, graphs or illustrations
   • other similarly small parts of a work.
2. Include
   • any copyright notice on the original
   • appropriate citations and attributions to the source.
3. Obtain permission for materials that will be used repeatedly by the same instructor for the same class.

Back to the Top

GUIDELINES FOR PERFORMANCES AND DISPLAYS
Section 110 of the copyright law authorizes educational performances and displays of entire works (like poems, plays, musical works and movies), but it significantly distinguishes between what can be performed in the classroom and what can be transmitted - either via a broadcast medium or electronically.

Check any licenses acquired with materials purchased specifically for distance learning; they should include all the rights you will need to utilize them for that purpose, with no need to refer to these Guidelines or the Guidelines. If they don't, and you need to rely on these Guidelines in any distance learning context, remember: small parts, limited times and limited access are the keys to fair use.

1. Incorporate performances of others' works
   • sparingly
   • only if the library or faculty member or the institution possesses a legal copy of the work.
2. Include
   • any copyright notice on the original
   • appropriate citations and attributions to the source
3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
4. Obtain permission for materials that will be used repeatedly by the same instructor for the same class.

Back to the Top

GUIDELINES FOR DIGITIZING, USING IMAGES AND WEB PAGES FOR EDUCATIONAL PURPOSES
Generally the guidelines for distance education and use of online resources are the same as for paper and on-campus.

1. Is the image or the web pages you wish to use, copy or install electronically in your web pages - for sale, licensed at a fair price, or have a permissions statement attached?
   • If YES: Point to, purchase or license the image or page. Linking to is always safer even with a permissions statement on originating page. If permission is granted to copy for your use be sure to include permissions statement and attributed statements.
   • If NO: Use images and pages in accordance with the following limitations:
   • Limit access to all images and pages except to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
   • Faculty members also may use images and other web pages at peer conferences.
   • Students may download, transmit and print out images and web pages for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images in works prepared for course assignments etc., and may keep works containing images in their portfolios. They cannot otherwise use the text of other web pages.
2. Periodically review digital and web site availability. If a previously unavailable image or content becomes available online or for sale or license at a fair price, point to or acquire it.
3. Be conservative. Use only small amounts of other's works.
4. Don't make any unnecessary copies of the digital, online or multimedia work.

Back to the Top

GUIDELINES FOR MUSIC

1. Limit copying as follows:
   • sheet music, entire works: only for performances and only in emergencies
   • sheet music, performable units (movements, sections, arias, etc.): only if out of print
   • student performances: record only for teacher or institutional evaluation or student's portfolio
   • sound recordings: one copy for classroom or reserve room use
2. Include
   • any copyright notice on the original
   • appropriate citations and attributions to the source.

Back to the Top

GUIDELINES FOR RESEARCH COPIES

1. Limit research copies to
   • single chapters
   • single articles from a journal issue
   • several charts, graphs, illustrations
   • other similarly small parts of a work.

Back to the Top

GUIDELINES FOR DIGITIZING AND USING OTHERS' WORKS IN RESERVES

1. Limit reserve materials to
   • single articles or chapters; several charts, graphs or illustrations; or other small parts of a work
   • a small part of the materials required for the course
   • copies of materials that a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.).
2. Include
   • any copyright notice on the original
   • appropriate citations and attributions to the source
3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
4. Obtain permission for materials that will be used repeatedly by the same instructor for the same class.