The Library Reserve Desk and Copyright
The following procedures were established by a major U.S. university following a lawsuit against the university and its faculty members. The guidelines referring to the proper use of copyrighted materials should be reviewed by SHC faculty and staff and used as a guideline for photocopying copyrighted materials.
1. SINGLE COPYING FOR TEACHERS:
2. MULTIPLE COPIES FOR CLASSROOM USE:
3. PROHIBITIONS AS TO (1) AND (2) ABOVE:
Notwithstanding any of the above, the following shall be prohibited:
A. How to Obtain Permission
When a proposed use of photocopied material requires a faculty member to request permission, communication of complete and accurate information to the copyright owner will facilitate the request. The Association of American Publishers suggests that the following information be included to expedite the process:
The request should be sent, together with a self-addressed return envelope, to the permissions department of the publisher in question. If the address of the publisher does not appear at the front of the material, it may be obtained from The Literary Marketplace (for books) or Ulrich’s International Periodicals (for journals), both published by the R.R. Bowker Company. For purposes of proof, and to define the scope of the permission, it is important that the permission be in writing.
The process of considering permission requests requires time for the publisher to check the status and ownership of rights and related matters, and to evaluate the request. It is advisable, therefore, to allow sufficient lead-time. In some instances, the publisher may assess a fee for permission, which may be passed on to students who receive copies of the photocopied material.
a college professor reproduce an entire article from a scholarly journal
for use by her or his class?
A: Yes, if the conditions of brevity, spontaneity, and cumulative effect are met.
Q: May a professor make copies of an article from a journal in the library collection to place on reserve?
A: Yes. Photocopying the article would be fair use.
Q: Can material photocopied for the fall semester of a course be used again in the spring semester of the course?
A: No. The theory is that if in the first semester, the material was useful enough that the faculty desires to repeat its use, the faculty would have adequate time to obtain permission to reproduce the work.
Q: May a professor make photocopies of a workbook or standardized test for use in preparing the class for an upcoming exam?
A: No. Workbooks, exercises, standardized tests, test booklets and answer guides are consumables, and their reproduction is not fair use.
Q: If a professor teaches two sections of the same course, may the same material be photocopied for both sections?
A: Yes, provided the copy is legally obtained or falls under the fair use exemption.
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