Library

Copyright Policy

All members of the University of St. Francis community must adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.). Copyright protection applies to a variety of creative works-printed materials, sound recordings, video recordings, visual artworks, computer software, and others. The questions and answers that follow constitute a manual for anyone at the University who wishes to reproduce, alter, or perform works that are protected by copyright.

Full text of the law and its legislative history, plus subsequent analysis and commentary are available at the USF Library. Reference librarians can advise on problems that are not specifically addressed on these pages.
Members of the USF community who willfully disregard the copyright policy do so at their own risk and assume all liability.

Use the links below to navigate to these sections of the document:

Fair Use || Copyright Basics for Faculty || Copyright Questions for Classroom Teaching || Copyright Questions for WebCT Users || Copyright Questions and the World Wide Web || Copyright Questions about File-to-File Sharing || General Information || Copyright Basics for Students || Library Reserves (opens in new window)

Fair Use

1. What is fair use?

Fair use is when you are allowed by law to photocopy -- at the moment of inspiration, when there's not enough time to seek permission -- commonly referred to as "spontaneous fair use." For example:

A single chapter (and less than 10% of the total work) from a book...but only one semester. *Up to nine (9) spontaneous use items (articles/chapters) may be submitted as separate packets. The same item may not be submitted for any subsequent semester as spontaneous use.
Up to three articles from a periodical volume, submitted as one spontaneous use, as long as you have not used these articles for this class in any previous semester. This includes newspapers.
Any combination of the above (1. and 2.) to total nine (9) spontaneous use readings, per course, per semester. PLUS your own work, lecture notes, articles, etc., and documents from the U.S. Government printing office and other public domain items.

Copyright Basics for Faculty

1. When is it necessary to seek copyright permission for reserves?

The person seeking to use materials in a course environment must seek permission for Reserve materials when items submitted do not meet the "fair use" guidelines.

2. The book I want to use is out-of-print; do we need permission to use one chapter?

Yes. Out-of-print does not mean that the work is no longer protected by copyright.

3. I wrote the text. Why do we need to seek permission?

The author is not necessarily the owner of the copyright. If the publisher, by contract, holds the particular rights for reproduction, then the Library will contact the publisher for submissions exceeding "fair use" guidelines.

4. Does it matter if there is no copyright notice on the material?

The absence of a copyright notice does not mean that the work is not protected. The Library will determine copyright ownership by contacting the publisher of the work that you wish to place on Reserve.

5. If we've already obtained permission last semester, do we need to do it again?

Yes. If use of the materials exceeds the "fair use" guidelines, or is for use a second semester, permission must be obtained. "Repeated" use makes it necessary to get copyright permission after the first (spontaneous) use.

6. If there's a cost, who will pay the royalty fees?

Individuals who request copyright permissions are responsible personally for any royalty fees demanded by a copyright holder. Ask your department chair about reimbursement opportunities in your area.

7. Who is responsible for seeking copyright permission for Library Reserves? What's involved? How long does it take?

The person wishing to use the materials will need to seek copyright permission. The Copyright Clearance Center (http://www.copyright.com) is a permission-granting service, which contacts publishers and posts costs based upon date of publication, length of document and number of students enrolled in the course. For those publishers not registered with the CCC, granting permission may take a day, several weeks, or years.

8. Is there a time limit on copyright permission?

A publisher may provide permission for only a specific amount of time after which permission might have to be obtained and paid for again. Terms of permission may vary.

9. Do we need to seek copyright permission for books, media and journal articles the Library already owns?

Yes, if the amount of use exceeds the "fair use" guidelines. No, if we link to the electronic version of the content residing in a database the USF Library currently owns.

10. Since access to electronic materials is limited to my students, why do we need to seek copyright permission?

Permission must be sought whenever copying or reproduction is involved. If the materials submitted for Reserve exceed the "fair use" guidelines or are for use a second semester, the user will need to obtain permission. It's important to understand that placing materials on library reserve involves reproduction. Providing links to articles contained in a database does not.

11. If I teach this course some time again, will it be necessary to obtain copyright permission again?

Yes. If use of the materials exceeds the "fair use" guidelines, or is for use a second consecutive semester, permission must be obtained. "Repeated" or "consecutive" use makes it necessary to get copyright permission after the first (spontaneous) use.

12. I want to use four chapters from a book published in 1910, do we need to seek permission?

No. You do not need to seek permission for materials published before 1923.

13. May I make a copy of a rental video to make it available in Reserve?

No. The copy that you make is reproduction. Reproduction infringes on both the copyright and the license granted to the rental store.

14. May I legitimately show a video to a group or club outside of the classroom?

Many film and video libraries and distributors offer the rental or purchase of videos with "public performance rights" for a higher fee. If public performance rights are purchased, then it is permissible. The public performance right is what is needed to show a video in a non-teaching situation.

Copyright Questions for Classroom Teaching

1. I want to distribute copies in class to my students. Do I need to seek permission?

No, as long as this is the first instance that you have copied and distributed this item. An instructor may make one copy per student of a single chapter from a book, article from a periodical or newspaper, a short story, essay or poem or a graphical work - chart, cartoon, diagram for discussion or classroom use within the guidelines of "fair use," in this case interpreted as, brevity and spontaneity of use. These copies may not be used to create an anthology or be made from workbooks or exercises. Copies may not be distributed in future semesters without first seeking permission.

2. May I print copies of an article, photograph, graph or poem from Library databases or the web to distribute in class?

Yes. An instructor may make one copy per student of a single chapter from a book, article from a periodical or newspaper, a short story, essay or poem or a graphical work - chart, cartoon, diagram for discussion or classroom use within the guidelines of "fair use," in this case, brevity and spontaneity. Library licensing fees for subscription databases allows faculty, staff and students to access information and to make a copy for educational or research purposes.
These copies, however, may not be used to create an anthology or be made from workbooks or exercises. If use of the materials exceeds the "fair use" guidelines, or is for use a second semester, you will need to obtain permission. "Repeated" use makes it necessary to get copyright permission after the first (spontaneous) use.

3. May I purchase or rent a film and use it in my class?

Yes. Using tapes licensed for "Home Use Only" is considered a fair use in a face-to-face teaching situation. A face-to-face teaching situation implies a classroom setting with only the instructor and students present. It does not extend to showing tapes for entertainment or to students or others not in the class. The "classroom" can be an auditorium or other suitable space, as long as the activity is still a part of the established curriculum.

4. May I make a compilation of movie clips from various VHS tapes to use in the classroom as lesson starters?

No. The current guidelines exclude the creation of video compilations. However, FilmClipsOnline.com offers film clips for free.

5. May I use a video and audio clip in preparing a PowerPoint presentation and then show it in class?

Yes, you may include portions of copyrighted works when producing your own multimedia project for teaching in support of curriculum-based instructional activities as long as it follows permissible amounts. For motion media it is up to 10 percent of the total or three minutes, whichever is less. For music, you may use up to 10 percent of the work, but no more than 30 seconds of the piece. The fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the materials again.

Copyright Questions for WebCT Users, Including "Blended" & Online Learning

1. May I copy journal articles located in Library databases to my course documents page in WebCT?

The USF Library has licenses for accessing databases, which allow instructors to create links to articles within the databases. You need not "copy" these articles, but can simply link to them. For help with this, please contact refdesk@stfrancis.edu or call (800) 726-6500.

2. May I use clips from videos in my own video or web production?

Fair Use Guidelines allow you to copy/reproduce limited amounts of a lawfully acquired copyrighted video for educational purposes. The general rule of thumb for this is no more than 3 minutes or 10% of the whole work, whichever is less.

3. May I put in a link to anything I want?

A web site's URL is not copyrighted; it is simply an address to that site; therefore one may include a link to that site. It is always good practice to seek permission from the creator of the site before you link to it. It is easy to send an email to a webmaster, and you may be surprised how quickly you receive a response.

4. Does the TEACH Act permit me to use entire works of media in my online course?

The Teach Act extends the existing "classroom exemption" in using copyright works to digital distance education. It also expands the categories of works that can be used besides non-dramatic literary and musical works. It allows them to be digitized for distribution when no digital version is available; however, only limited portions of works may be transmitted unless permission from the copyright holder is given.

5. May I use WebCT to post my students' work, even when it uses copyright materials without permission?

Yes, this is fair use. If the site is protected and does not allow for guests in this area, then it is considered permissible.

6. May I use a video and audio clip in preparing a PowerPoint presentation and then post it in my WebCT course?

Copyright Questions and the World Wide Web

1. May I print copies of an article, photograph, graph or poem from the web to distribute in class?

2. May I use these materials in subsequent semesters without seeking permission, since they are freely available on the web?

No. If use of the materials exceeds the "fair use" guidelines, or is for use a second semester, you will need to obtain permission. "Repeated" use makes it necessary to get copyright permission after the first (spontaneous) use.

3. Many web pages do not indicate who owns or authored the page, how do I seek permission?

The graphics, text, and content as well as the overall design of a web page are protected by copyright from the moment they are created. If you cannot easily identify the owner of the information, you may want to think twice about using it as a resource. In this case, credit the source of information and make every effort (and document your efforts) to contact the author/designer of the pages for permission. You may wish to ask a Reference Librarian for assistance in contacting the web page owner.

4. May I copy a portion of someone's web page to use on my own page?

No. Permission is required any time you paste a portion of someone's page onto your page. A better option is to link to the entire page.

5. May I scan in a photo or graphic I find in a magazine or download an image from the web and put it on my web page?

You should seek permission to scan (copy) photographs and other images/graphics if your use exceeds the "fair use" guidelines.

6. May I get clip art and music from popular file-sharing sites, then create a lesson plan and post it on my website to share?

No. Legitimately acquired material may be used in classrooms. However, under the current law, no professor may redistribute such material over the Internet or any other medium. You may use it, but you may not redistribute it.

Copyright Questions about file-to-file sharing

1. May I download audio clips from MP3.com to integrate into a curriculum project?

Yes, this would be considered fair use. MP3.com pays for its archives, so the material there is legitimately acquired. Be wary of some of the other peer-to-peer sites and determine whether they are legitimate or pirated.

General Information

1. How do I go about obtaining copyright permission?

Contacting the Copyright Clearance Center is a good first step. If the CCC is not able to grant permission, it may provide you with contact information for the copyright holder. Or you can email or write to the publisher directly. For more information about contacting a publisher, including a sample letter, click here.

2. What other options do I have for providing access to readings where copying would exceed the "fair use" guidelines?

Work with the bookstore to create a coursepack.
Find suitable, alternate materials that fall within the "fair use" guidelines.
Seek permission from the copyright holder.

3. What is the relationship between copyright and intellectual property rights?

Copyright protection and intellectual property rights are flip sides of the same issue. As authors/creators, individuals may wish to exercise their exclusive intellectual property rights by prohibiting the reproduction of their materials by others, except as permitted by the various US copyright laws.

4. What are some resources I can tap to learn more about copyright?

Representative web sites

http://www.wpunj.edu/library/copyrt.shtml

http://www.loc.gov/copyright/

Reproduction of Copyright works by Educators and Librarians (.pdf file)

http://www.loc.gov/copyright/circs/circ21.pdf

Fair Use Copyright Web Site

http://www.copyrightwebsite.com/info/fairUse/fairUse.asp

Fair Use Guidelines for Educational Multimedia

http://www.indiana.edu/~ccumc/

Fair Use of Copyrighted Works (from cetus.org)

http://www.cetus.org/fairindex.html

Stanford University Copyright and Fair Use Guidelines

http://fairuse.stanford.edu/

Teach Act Teach Act Toolkit

http://www.lib.ncsu.edu/scc/legislative/teachkit/

Other Center for Intellectual Property and Copyright in the Digital Environment

http://www.umuc.edu/distance/odell/cip/cip.html

Educause: DMCA Information

http://www.educause.edu/issues/issue.asp?Issue=DMCA

Copyright Basics for Students

1. What is copyright?

Copyright is a protection extended to authors and others under federal law (Title 17, US Code) for various types of creative works, for example, literary, musical, dramatic works, digital media, artistic and intellectual works. The owner of a copyright has the exclusive right to copy, display, perform, distribute the work or create a derivative version of the work.

2. What is a copyrighted work and how will I recognize it?

A copyright exists as soon as a work is saved in a tangible form. It is not necessary to register a copyright with the US government and a copyright notice is not necessary for protection. You should assume that works are copyrighted unless labeled otherwise.
There are, however, certain materials that are not protected by copyright law, such as materials in the "public domain." Some materials published by the US, state and local governments and those with expired copyright protection (generally occurring 70 years after the death of the copyright holder) are examples of documents in the public domain.

3. What's the difference between copyright and plagiarism?

Both concepts relate to the use of another person's ideas expressed in writing or creative expression---in other words, another person's "intellectual property."
Copyright is a protection afforded under federal law. Owners of copyrights have the exclusive right to copy, display, perform, distribute and create derivative versions of their works. This means that unless your use of a journal article, a book chapter, a play, poem, musical composition, video etc. falls within the exceptions to copyright protection known as Fair Use, you may not copy, display, perform, distribute or create derivative works without expressed permission from the copyright holder.
What's the difference between theft and copyright infringement?
Both kinds of actions are illegal. Theft usually means taking something owned by someone else (stealing) and is a violation of criminal law. Copyright infringement means copying, distributing, performing, displaying or modifying a copyrighted work beyond the parameters permitted by Fair Use without the expressed consent of the copyright holder. Copyright infringement is a violation of civil law.

4. What's the impact of copyright law on my use of classroom materials?

Every member of the University community is responsible for complying with the copyright law. Educators in non-profit, educational institutions such as ours, are permitted to copy, distribute, etc within the guidelines established by the Fair Use exception. This means that your professors may distribute copies of limited portions of materials in class for use in their teaching as long as they do so within the framework established by Fair Use. It also means that you, as a student, may generally copy small amounts of a work for your own personal study and research without obtaining permission from the copyright holder. However, if your need or purpose exceeds the guidelines of Fair Use, permission must be obtained. Copyright law also protects your work from unauthorized use by others. Be sure to include your contact information in all print, digital and multimedia works you create so that others may request your permission if their use exceeds the Fair Use guidelines.

5. Are my term papers, web pages and projects protected by copyright?

Yes. By including your name and contact information on every web page, presentation or paper you create, it is easy for others to contact you for permission. When may I use a copyrighted work? Students follow the same permissions and fair use guidelines as all other members of the university. Students using copyrighted materials need to abide by US copyright law. You may legally use copyrighted materials in some circumstances. You must ask the copyright holder for permission to use a copyrighted work unless your use is covered by one of law's exemptions, such as Fair Use.

6. How may I use copyrighted materials in my research papers, web pages, Power Point presentations, or projects?

You may legally copy, display, and perform, etc. copyrighted materials in some circumstances. You must ask the copyright holder for permission to use a copyrighted work unless your use is covered by one of the law's exemptions, such as Fair Use. You should assume that everything you find on the Internet is copyrighted unless labeled otherwise. Web pages are copyrighted as a compilation work combining text, images and design. Logos, photographs and other images, although easily cut and pasted, are also protected by copyright laws.

7. Where can I find copyright-free images?
Try search terms such as "copyright-free images" and "public domain images" in your favorite search engine or use especially created, copyright and royalty-free "clip-art" anthologies. Always check the introductory material to be sure there are no copyright, licensing or other restrictions involved.

8. How may I legally download music and other media?

Technology, such as Peer-to-Peer software, has made creative works widely available through the Internet. Sharing digital music, movies and software is illegal without permission. Copying and sharing images, music, movies, or other copyrighted material, or purchasing a CD or DVD and then making copies for others is illegal. File sharing copyrighted material using software such as KaZaa is illegal. However, there are "pay for play" subscription sites such as E-Music and Peoplesound where you may legally obtain MP3s and other digital files. Licensing is required for installing software. This essentially pays the permissions for you to use the information. Loading software without the appropriate licensing or copying software without permission is illegal. Depending upon the type of media, small portions of music, motion pictures, and text may be used for educational purposes, such as in-class presentations.

9. May I digitize the shower scene from a rented copy of Psycho into a class report?

Yes, students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course. They may perform and display their own projects in the course for which they were created and they may retain these projects indefinitely in their own portfolios as examples of their academic work for later personal uses such as job and school interviews.

10. May I play a clip of ethnic music to represent my family's country of origin in a project for class?

Yes, up to 10 percent or 30 seconds, whichever is less, of a lawfully acquired copyright musical work may be reproduced, performed and displayed as part of a multimedia program produced by a student for a specific course.

11. May I tape a news segment off ABC and use it in class as part of my class presentation?

Yes, as long as it is used as part of the class instruction. Hard news and certain news event programs broadcast by commercial stations may be recorded. Where there is no commercial advantage as provided under Section 108, these programs may be kept for archival purposes.

Sources of Information:
George Mason University, Fair Use Information

William Patterson University, David and Lorraine Cheng Library, Copyright Information