Copyright Policy as Stated in the Faculty Handbook
It is the policy of Trevecca Nazarene University to conform to the existing United States of America copyright laws and to maintain the highest possible ethical standard in our use of copyrighted materials for instructional and administrative purposes.
It is the intent of Trevecca Nazarene University to uphold the provisions of the Federal Copyright Law (P.L 94-553), which effects all university employees because it sets guidelines regarding the duplication and use of all copyrighted materials. Although there continues to be controversy regarding interpretation of copyright laws, this policy states a sincere effort to operate legally and ethically.
Under no circumstance shall it be necessary for employees of Trevecca Nazarene University to violate copyright requirements in order to properly perform their duties. Therefore, the university will not be responsible for any violations of the copyright law by its employees.
A brief overview of the university's copyright policy follows. A copy of the full policy (revised August 1, 1993) is available in the academic affairs office.
I. Fair Use
"Fair use" is the legal right to copy a limited amount of material under certain conditions without undue harm to the owner. Such copying is to be allowed without obtaining permission from the owner. Of special importance to teachers, librarians, and other educators, is the doctrine of fair use and the accompanying congressional guidelines which stipulate what can and what cannot be copied for use in schools and classrooms.
Copyright law stipulates that photocopying or other kinds of duplication and reproduction must abide by the criteria of fair use. The fair use criteria should be applied to determine if intended copying is "fair" or not. The following are the four criteria of fair use specified by Section 107 of P.L. 94-553:
- The purpose and character of use.
- The nature of the copyrighted work.
- The amount and substantiality of the portion being copied.
- The effect on the potential market and the effect on the value of the work.
All four of these criteria need to be applied in judging whether or not there may be an infringement. Meeting only one of the criteria is not enough. The copying must reflect appropriate use of all of the four criteria. In other words, if a professor reproduces some material for an "educational purpose" (criteria #1), this does not constitute fair use unless the other three criteria (nature, amount, and effect) are also met. Fair use criteria are addressed throughout this policy manual.
II. Classroom Copying With Respect To Books And Periodicals
The purpose of the following guidelines is to state the maximum and not the minimum standards of educational fair use under Section 107. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that, in the future, other types of copying not permitted under these guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107. There may be instances in which copying, which does not fall within the guidelines stated below, may nonetheless be permitted under the criteria of fair use.
A. Single Copying For Teachers
A single copy may be made of any of the following by or for a teacher at his/her individual request for his/her 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 a book, periodical, or newspaper.
B. 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 or for the teacher giving the course for classroom use or discussion, provided that:
- the copying meets the tests of brevity and spontaneity as defined below; and
- meets the cumulative effect test as defined below; and
- each copy includes a notice of copyright.
- 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.
- prose: (a) either a complete article, story or essay of less than 2,500 words, or (b) more than 1,000 words or 10 percent of the work, whichever is less, but in any event a minimum of 500 words. [Each of the numerical limits stated in (1) and (2) above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]
- illustration: one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
- "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 more general audience and which fall short of 2,500 words in their entirety. Paragraph 2 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 percent of the words found in the text thereof, may be reproduced.
- the copying is at the instance and inspiration of the individual teacher, and
- the inspiration and decision to use the work and the moment of this 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.
C. Cumulative Effect
- the copying of the materials for only one course.
- Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one semester.
There shall not be more than nine instances of such multiple copying for one course during one semester.
[The limitations stated in 1 and 3 above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]
Notwithstanding any of the above, the following shall be prohibited:
- Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whenever copies of various works or excerpts therefore are accumulated or reproduced and used separately.
- 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.
Copying shall not:
- substitute for the purchase of books, publishers' reprints or periodicals;
- be directed by a higher authority;
- be repeated with respect to the same item by the same teacher from term to term
- No charge shall be made to the student beyond the actual cost of the photocopying.
III. Copying By a Library Or Archives
Section 108 of the copyright act gives nonprofit libraries and archives considerable latitude in what they can copy. This copying is separate from fair-use copying, treated earlier. The copyright law permits libraries and archives to make single copies for patrons without permission and multiple copies for patrons when certain conditions are met. The law also authorizes duplicating certain non-print materials.
Libraries and archives must meet the following basic requirements in order to employ this exception.
- All copies must be made without direct or indirect commercial advantage.
- The collections of the library or archives must be open to the public. In the case of limited-access research libraries, the collection must be open to qualified researchers regardless of their occupational or professional affiliation.
- All photocopies must display a copyright warning notice on the first page of the photocopy.
- All copies must become the property of the patron.
- The library or archives must not be aware that a copy made for a patron will be used for any purpose other than private study, scholarship, or research.
- The library or archives must display a copyright warning notice at the place where it accepts orders for copies, and on its interlibrary loan request forms.
Copying For Patrons
A library meeting the above conditions may copy a single journal article or a small part of a book or other copyrighted work. Library or archives may reproduce for a patron an entire copyrighted work, or a substantial part of it, if the library determined, after a reasonable investigation, that a new or used copy cannot be obtained at a fair price.
The library photocopying section of the law does not extend to musical, pictorial, graphic or sculptural works except for illustrations appearing in a book or periodical which may be copied as a part of the article or section being copied. Fair use permits copying some of these works by a library or archives if the user requests the copy for legitimate scholarship, research, or teaching purposes.
Section 108 allows a library or archives to record, duplicate, retain and lend a limited number of copies and excerpts of television news programs. News programs include actual reports but exclude news analysis and news-magazine programs. No other audiovisual materials may be copied under the library photocopying section of the law. News programs copied under this provision may only be used in research and not in teaching.
Copying for its own collection or for the collections of another library or archives, libraries and archives may reproduce one copy of a work for their own collections or for those of another library or archives under the following conditions:
- A library or archives may reproduce in facsimile form (e.g., photocopy or microfilm) any unpublished work currently in its collection. The copy must be made for the preservation and security of the original or for deposit for research use in another library or archives.
- A library may make a replacement copy of published work in its own collection if the original is damaged, deteriorated, lost, or stolen. Copies may not be made in anticipation that they may be damaged, deteriorated, lost, or stolen. The copy can be made from a work in its own collection or from a copy in another library or archives. Before making the copy, the library or archives must make a reasonable effort to find an unused replacement copy at a fair price.
Libraries may make copies of materials for sharing with other libraries through interlibrary loan. Interlibrary loan copying is governed by guidelines developed by the National Commission of New Technological Uses of Copyright Works (CONTU):
- A library may request no more than five copies of articles from a periodical volume (not an issue) per year; however, this limitation does not apply to articles published five or more years before the date of the request.
- A library or archives may request no more than five excerpts from a book or pamphlet while it is subject to copyright protection.
- The above limitations do not apply if the library has ordered a subscription to the periodical; or the library owns the work but the copy is lost, stolen, or otherwise unavailable when the reproduction is requested; or the library has ordered the title, but it has not arrived. Under any of these circumstances, the requesting library or archives may request a copy through interlibrary loan as a fair use, but the request does not count as one of the five copies authorized by the CONTU guidelines.
- Interlibrary loan requests must state that the request conforms with the CONTU guidelines or other provisions of the copyright law. Copies made under item 3 above fall under the "other provisions" section of the guidelines.
- The requesting library must maintain records of filled orders. The records must be retained for three years after the end of the calendar year.
Single or multiple copies of periodical articles and chapters of books may be placed on reserve in a library under the terms of Section 107, on fair use. A single copy may be the faculty member's single, fair-use copy. Multiple copies may be placed on reserve in lieu of distributing multiple copies of the item to students in the class. The amount of copying under this exemption must be restricted to the number of items that may be distributed to a class during a term. Copies made under this provision may only be used for the semester in which they were placed on reserve. Any further use of the copies requires the permission of the copyright owner. The number of copies placed on reserve must be limited to a "reasonable" number. This obviously depends upon the size of the class; one copy per ten students may be "reasonable," but the American Library Association (ALA) and American Association of Law Librarians (AALL) suggest a limit of six copies, regardless of the number enrolled.
In summary, copying material for reserve purposes should meet the following conditions:
- The faculty member's single, fair-use copy.
- Multiple copies placed on reserve which conform to the limits in the "Agreement on Guidelines for Classroom Copying." The quantity placed on reserve shall be "reasonable" in relation to the number of students in the class.
- The copies on reserve shall be identified as belonging to a faculty member and include a copyright notice or a copyright warning notice, or both.
- Copying the material shall not adversely effect the market for the work.
- Photocopied material may not be reused in subsequent semesters without the copyright owner's permission.
IV. Copying Music
When using a copyrighted musical work for classroom purposes, an instructor may do so under the guidelines which follow. An instructor may:
- Make a single copy of a song, movement, or short section from a printed musical work that is unavailable except in a larger work for purposes of preparing for instruction.
- Make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical work if it is to be used for academic purposes other than performance, provided however, that the excerpt does not comprise a part of the whole musical work which would constitute a performance unit such as a complete section, movement, or song.
- Make and use, in an emergency, replacement copies of printed music for an imminent musical performance when the purchased copies have been lost, destroyed, or are otherwise not available.
- Make and retain a single recording of student performances of copyrighted material when it is made for the purposes of evaluation or rehearsal.
- Make and retain a single copy of excerpts from recordings of copyrighted musical works for use in aural exercises or examination questions.
- Edit or simplify purchased copies of music provided that the fundamental character of the music is not destroyed. Lyrics shall not be altered or added if none exist.
Permit the performance of copyrighted musical works without authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting. The purpose shall be instructional rather than for entertainment.
Performance of non-dramatic musical works which are copyrighted are permitted without authorization of the copyright owner, provided, however, that a) the performance is not for a commercial purpose; b) none of the performers, promoters or organizers are compensated; and c) admission fees are used for educational or charitable purposes only. All other musical performances require permission from the copyright owner.
V. Audiovisual Materials
When using copyrighted audiovisual materials for classroom purposes, an instructor may do so under the guidelines which follow. An instructor may:
- Create a series of slides from multiple sources, such as magazines, books, encyclopedias, etc., as long as one does not exceed 10% of the photographs in any one source, unless the source specifically prohibits any photographic reproduction.
- Create a single overhead transparency from a single page of a consumable workbook.
- Create multiple overhead transparencies from a variety of sources, not exceeding 10% of the total content of any one source, unless this type of reproduction is specifically prohibited.
- Excerpt sections from a filmstrip to create slides as long as one does not exceed 10% of the entire work or excerpt of the very creative essence of the work.
- Reproduce selective slides from a slide series as long as one does not exceed 10% of the entire production or excerpt of the very creative essence of the work or violate a specific prohibition for this type of reproduction.
The following guidelines are for off-air recording of broadcast programming for educational purposes. The guidelines apply only to off-air recording by nonprofit educational institutions.
- A broadcast program may be recorded off-air simultaneously with broadcast transmission, including simultaneous cable retransmission, and retained by a nonprofit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.
- Off-air recording may be used once by individual instructors in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as the home of students receiving formalized home instruction, during the first ten consecutive school days in the forty-five calendar day retention period. "School Days" include school session examination periods, or other scheduled interruptions within the forty-five calendar day retention period.
- Off-air recordings may be made only at the request of and used by individual professors, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same professor, regardless of the number of times the program may be broadcast.
- A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of professors under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
- After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
- Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
- All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
- Education institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.
Perfomances (Home Videotapes/Rental Video)
Professors and students are exempt to perform copyrighted works (home videotapes and rental stores) in face-to-face instruction, with the following limitations:
- The performance is part of a systematic course of instruction and not for entertainment, recreation, or cultural value.
- Attendance at performances is limited to pupils enrolled in the course and their teacher(s).
- The performance is given in a classroom or a similar place devoted to instruction, including libraries and gymnasiums, so long as the attendance limitation is satisfied.
- The performance given is a legitimately-made copy, which was not sold under a license or contract restricting school performances.
VI. Computer Software
Copyright laws define computer software as a literary work, which gives software copyright protection immediately upon creation. The amendment permits making one archival or back-up copy of each program.
Backup Copies: Copyright law allows the purchaser of software to:
- Make one copy of software for archival purposes in case the original is destroyed or damaged through mechanical failure of a computer. If the original is sold or given away, the archival copy must be destroyed.
- Make necessary adaptations to use the program.
Add features to the program for specific applications. These improvements may not be sold or given away without the copyright owner's permission.
Computer Laboratories: In computer laboratories where students and teachers have access to software, copyrighted software cannot be copied. Appropriate warning notices should be posted at the supervisor's desk or the sign-in station.
Multiple Loading: Multiple loading involves loading one program disk into several computers for simultaneous use of the program. It is unclear if this is legal, but the ICCE Software Guidelines suggest that this should not be allowed. Licenses authorizing multiple loading are available from some publishers.
Networks: Many educational institutions have local-area networks (LAN) or wide-area networks (WAN) which enable large computers to serve many smaller computers or terminals within the institution. Licenses are required to use software on networks.
Database Downloading: Downloading involves copying a data transmission from database utility to user's computer. This shortens the "connect time," which is the basis for most user fees. It also enables the searcher to clean up the data before printing a copy. Databases are copyrightable and copying from a database to a computer appears to be a copyright infringement. The copyright owners generally accept temporary downloading as a fair use as long as only one report is printed and the data is erased after printing the report. The problem centers on long-term retention of data to reuse or to combine to create a local database. Long-term retention for any purpose requires a downloading license. These licenses are offered by most database utilities.
VII. Free And Benefit Perfomances
Storytelling, poetry readings, and musical performances of non-dramatic works are authorized if 1. admission is free, or the gate receipts, over and above costs, go to a charitable cause, and 2. the performers and managers contribute their services.
VIII. Obtaining Copyright Permission
Requests for permission to copy works should be made in writing to the copyright owner. University personnel are responsible for maintaining records of letters of permission sent and recorded.
A federal court ruling reaffirmed the need to obtain permission to use copyrighted materials in university course anthologies. Publishers want to make these materials available to you quickly and inexpensively, but they need your cooperation. Whether you request permission yourself or through a university store or copy service, these suggestions will speed the process. Please:
- Request permission at the same time you order textbooks, the earlier the better in the event your request cannot be granted and you need to substitute other materials. Publishers do not always control rights and need time to research the extent to which permission may be granted.
- Direct your request to the publisher's Copyrights and Permissions Department, not the author. If publishers do not control the rights, they will inform you whom to contact.
Include as much of the following information in your request as possible:
- author's, editor's, translator's full name(s)
- title, edition and volume number of book or journal
- copyright date
- ISBN for books or ISSN for magazines and journals
- numbers of the exact pages, figures and illustrations
- both exact chapter(s) and exact page numbers, if you are requesting a chapter or more
- number of copies to be made
- whether material will be used alone or combined with other photocopied materials
- name of university
- course name and number
- semester and year in which material will be used
- instructor's full name
- Request permission whether or not works are in print.
Provide your complete address and the name of a contact person and telephone number in case there are any questions.
The publisher's response form will provide the information about payment and fees which are determined by the individual publisher. A booklet, Questions and Answers on Copyright for the Campus Community, is available on request from the Association of American Publishers, 220 East 23rd St. New York, NY 10010, (212) 689-8920.