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Spring Hill College -- Thomas Byrne Library

The Library Reserve Desk and Copyright

PROCEDURES

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:

A single copy may be made of any of the following by or for a teacher at his or her individual request for 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 book, periodical, or newspaper.

2. 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:

    1. The copying meets the tests of brevity and spontaneity as defined below; and,
    2. meets the cumulative effect test as defined below; and,
    3. each copy includes a notice of copyright.

DEFINITIONS:

Brevity:

  1. 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.
  2. Prose: (a) Either a complete article, story, or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.
  3. One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
  4. "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 2,500 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:

  1. The copying is at the instance and inspiration of the individual teacher, and
  2. 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:

  1. The copying of the material is for only one course in the school in which the copies are made.
  2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, not more than three from the same collective work or periodical volume during one class term.
  3. 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 dol not apply to current news periodicals and newspapers and current news sections of other periodicals).

3. PROHIBITIONS AS TO (1) AND (2) ABOVE:

Notwithstanding any of the above, the following shall be prohibited:

  1. 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 are reproduced and used separately.
  2. 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.
  3. Copying shall not:
    1. substitute for the purchase of books, publisher’s reprints, or periodicals;
    2. be directed by higher authority;
    3. be repeated with respect to the same item by the same teacher from term to term.
  4. No charge shall be made to the student beyond the actual cost of photocopying.

PERMISSIONS:

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:

  1. Title, author and/or editor, and edition of materials to be duplicated;
  2. exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material;
  3. number of copies to be made;
  4. use to be made of duplicated materials;
  5. form of distribution (classroom, newsletter, etc.);
  6. whether or not the material is to be sold; and
  7. type of reprint (ditto, photocopy, offset, typeset).

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.

 

Questions and Answers

Q: May 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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Revised: 03/10/01