Carroll Community College Copyright Policy

POLICY STATEMENT ON PHOTOCOPYING OF COPYRIGHTED MATERIALS FOR CLASSROOM AND RESEARCH

It has become increasingly clear that the subject of photocopying for classroom and research purposes is of significant concern to the faculty, who have inquired about issues such as when photocopying may be done without the consent of the copyright owner; when and how permission to photocopy should be obtained; how exposure to liability may be reduced; and under what circumstances the college will defend them against claims of copyright infringement arising out of photocopying for classroom and research use.  To assist the faculty in resolving these issues and to facilitate compliance with the copyright laws, Carroll Community College has adopted the following Policy Statement:

The principles of the copyright law are designed to promote the creation, publication, and use of works of the intellect.  These principles include both the exclusive rights of copyright owners to determine certain uses of their works (in not-for-profit as well as commercial context), and certain exceptions including the doctrine of "fair use."  These precepts are in the mutual interest of the college, author, and publisher communities and of the public.

Under the copyright laws, certain photocopying of copyrighted works for educational purposes may take place without the permission of the copyright owner under the doctrine of "fair use" (presently set forth in Section 107 of the Copyright  Act.)  This principle is subject to limitations, but neither the statute nor judicial decisions give specific practical guidance on what photocopying falls within fair use.  To achieve for faculty greater certainty of procedure, to reduce risks of infringement or allegations thereof, and to maintain a desirable flexibility to accommodate specific needs, the following policies have been adopted by Carroll Community College.

  1. The Guidelines set forth on this web page are to be used to determine whether or not the prior permission of the copyright owner is to be sought for photocopying for research and classroom use. If the proposed photocopying is not permitted under the Guidelines, permission to copy is to be sought.  An explanation of how permissions may be sought and a procedure for furnishing to the administration information concerning the responses by copyright owners to requests for permission is set forth on the following pages.  After permission has been sought, copying should be undertaken only if permission has been granted, and in accordance with the terms of the permission, except as provided in the next paragraph.
     
  2. The doctrine of fair use may now or hereafter permit specific photocopying in certain situations, within limitations, beyond those specified in the Guidelines or those that might be agreed to by the copyright owner.  In order to preserve the ability of individual faculty members to utilize  the doctrine of fair use in appropriate circumstances without incurring the risk of having personally to defend an action by a copyright owner who may disagree as to the limits of fair use, a faculty member who has sought permission to photocopy and has not received such permission (or has received permission contingent upon conditions that the faculty member considers inappropriate) may request a review of the matter by the legal counsel of Carroll Community College.  If upon review the counsel determines that some or all of the proposed photocopying is permitted by the copyright law, the counsel will so advise the faculty member.  In that event, should any such photocopying by the faculty member thereafter give rise to a claim of copyright infringement, the college will defend and indemnify the faculty member against any such claim.
  3. In the absence of the determination and advice by the counsel referred to in Paragraph B, or in the event that permission has not been first requested by the faculty member as provided in Paragraph A, no defense or indemnification by the college shall be provided to a faculty member whose photocopying gives rise to a claim of copyright infringement.

Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals

The purpose of the following guidelines is to state the minimum standards of educational fair use under Section 107 of H.R. 2223.  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 of the Copyright  Revision Bill.  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.

PHOTOCOPYING GUIDELINES

 I.          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 his or her scholarly research or use in teaching or preparation to teach a class:

  1. A chapter from a book;
  2. An article from a periodical or newspaper;
  3. A  short story, short essay or short poem, whether or not from a collective work;
  4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
II.         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 of 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.  (Each of the limits stated in i. and ii. may be expanded to permit completion of a prose paragraph.)
  3. Illustration:  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 and which 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 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 materials is for only one course in which the copies are made.
  2. Not more than one short poem, article, story, essay or two excerpts may be copies 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 shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

III.  PROHIBITIONS AS TO I AND II 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 therefrom 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:
  • substitute for the purchase of books, publisher's reprints or periodicals
  • be directed by 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

PERMISSION TO COPY

How to obtain permission

When a proposed use of photocopied materials 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.

  • Title, author and/or editor, and edition of materials to be duplicated
  • Exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material
  • Number of copies to be made
  • Use to be made of duplicated materials
  • Form of distribution (classroom, newsletter, etc.)
  • Whether or not the materials is to be sold
  • Type of reprint (ditto, photocopy, offset, typeset)

The request should be sent, together with a self-addressed return envelope, to the permission 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 come instances, the publisher may assess a fee for permission, which may be passed on to the students who receive copies of the photocopied material.

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