On January 1, 1978, a new and complex U.S. copyright law went into effect. One portion of that new law authorizes those engaged in teaching and research to reproduce some copyrighted works without paying royalties or securing permission. However, that part of the law is expressed in such general terms that more explicit guidance is necessary. Recent litigation has emphasized the need for more specific regulations concerning the application of the "fair use" provisions in the copyright law to the reproduction of copyrighted materials for classroom use. The guidelines which follow are an attempt to establish procedure for Loyola College whereby the reproduction of copyrighted materials for classroom use can take place without risk of violating the provisions of the new copyright law. Administrative Policy
Effective Date: 1/27/92 Subject: Reproduction of Copyrighted Material Purpose
To ensure compliance by all College departments with federal laws and regulations governing the reproduction of copyrighted materials. General Policy
It is the policy of Loyola College to be in compliance with all laws and regulations governing the use of copyrighted materials. Copyright permissions must be properly obtained in order to make copies of copyrighted material. Not withstanding the foregoing, departments and individuals acting within the scope of their authority as employees and faculty of the College may make "fair use" copies (as defined herein) of such material without obtaining permission from the copyright holder. The Office of the Vice President of Academic Affairs is charged with the responsibility of enforcing this policy. Obtaining Copyright Permission
Individuals and departments may write to the publishers of copyrighted works to obtain permission to make copies of the material in question. The Logistics & Support Services Department will assist in this effort with training sessions upon request. Since 1992, the College has maintained a contract with Copyright Clearance Center (CCC). CCC represents many of the largest publishers in the United States and abroad. CCC provides access to complete information on titles and fees on their World Wide Web site "CCConline" (www.copyright.com) To access the web page the user needs the College's username and password. This information is available by contacting Claire McCardell, the Copyright Coordinator, at Ext. 2286. Cental Duplicating will not make copies of copyrighted items without a copyright approval stamp or copy of the written authorization of the author or publisher to make said copies. Procedures
To obtain permission to reproduce copyrighted materials the following information should be provided to publisher or publisher's representative: Title, author and/or editor, and edition of materials to be duplicated; - Exact material to be used, including 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, and duration;
- Form of distribution;
- Whether or not the material is to be sold; and
- Type of reprint (e.g., ditto, photo, offset, typeset).
Fair Use
Generally, the owner of the copyright has the exclusive right to reproduce the work, prepare derivative works, distribute copies, perform the work, and display the work. Engaging in any of these acts without the copyright owner's permission constitutes prohibited infringement of the copyright, unless the act falls within one of the legal exceptions to the grant of exclusive rights. One such exception is the doctrine of "fair use", which attempts to balance protection of the copyright owner's rights with the public interest in dissemination of information. The statute sets forth four (4) factors that must be considered in determining "fair use" in a particular case: - The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The "Agreement of Guidelines for Classroom Copying in Not For Profit Educational Institutions with Respect to Books and Periodicals" ("Agreement on Guidelines") has been the framework for analysis of "fair use" issues in the context of educational photocopying. The Agreement on Guidelines was intended to state the minimum standards of educational fair use. The Agreement on Guidelines may change in the future, such that certain types of copying permitted now may not be permissible in the future, and, conversely, such that, other types of copying not currently permitted under the Agreement on Guidelines may be permissible under revised guidelines. Moreover, the following statement of the 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 [subsequently enacted as 17 U.S.C. 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. - Single Copying for Teachers
- A single copy may be made of any of the following, by or for a teacher, 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. - Multiple Copies for Classroom Use
1. Multiple copies (not to exceed, in any event, more than one (1) 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. Brevity
(i) Poetry: (a) a complete poem if less than 250 words and if printed on not more than two(2) pages, or (b) from a longer poem; an
excerpt of not more than 250 words. (ii) Prose: (a) Either a complete article, story or essay of not more than 2,500 words, or (b) an excerpt from any prose work of not
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 (i) and (ii) above may be expanded to permit the completion of unfinished lines of a poem
or of an unfinished prose paragraph] (iii)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 a more general audience and which fall lshort 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 ten percent of the words
found in the text of such special work, may be reproduced. Spontaneity
(i) The copying is at the instance and inspiration of the individual teacher, and
(ii)The 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
(i) The copying of the material is for one course in the school in which the copies are made.
(ii) Not more than one short poem, article, story, essay or two excerpts may be copied for the same author, nor more than three from the same collective work or periodical volume during one class term.
(iii) 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.] 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 be deemed to have occurred whether copies of various works or excerpts therefrom are
accumulated or 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:
(a) substitute for the purchase of books, publisher' reprints or periodicals;
(b) be directed by higher authority;
(c) be reprinted with respect to the same items by the same teacher from term to term.
(d) No charge shall be made to the student beyond the actual cost of the photocopying. Go to Permission Procedures
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