Copyright and Fair Use Study Guide

SCC Policy on Copyright Compliance:

http://www.scc-fl.edu/policies-procedures/policies/administration/1.095.html

The Copyright Law

To avoid infringing on the rights of authors and publishers, faculty, staff, and students need to be aware of the Copyright Law of the United States of America & Related Laws Contained in Title 17 of the United States Code. It includes the Copyright Act of 1976 & all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; the Vessel Hull Design Protection Act, as amended; & the Digital Millennium Copyright Act of 1998.
Section 107 of the Copyright Law covers Fair Use Guidelines for Educational Multimedia (Georgia Harper, Office of General Counsel, University of Texas System) .

The Technology Education & Copyright Harmonization Act (TEACH Act) passed November 2nd, 2002, revises federal copyright law, allowing copyrighted works to be used in certain circumstances for educational purposes without having to seek permission from the copyright holder & without payment of royalties .

TEACH Act (ALA) - http://www.ala.org

The following summary, though not a legal interpretation of the copyright law, identifies some basic principles for faculty:

Permissible Use:

Make a single reproduction, for use in scholarly research, teaching, preparation to teach a class, or library reserve of the following:

• A chapter from a book
• An article from a periodical or newspaper
• A short story, short essay, or short poem
• A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

Make multiple reproductions for classroom use or library reserve, not exceeding one copy per student in the class, of the following:

• A complete poem if less than 250 words and printed on no more than two pages
• An excerpt of not more than 250 words of a longer poem
• An excerpt from article, story, or essay of less than 2,500 words, or 10% of whole, whichever is less
• One chart, graph, diagram, drawing, cartoon, or picture per book or periodical issue

Not Permissible Use:

Violations of the law may result in the assessing of damages against the infringe of not less than $500 and not more than $20,000. The statutory penalty may be raised to $100,000.

• Make multiple reproductions of more than one complete short poem, article, story, essay, or more than two excerpts from the same author in the same term.
• Make multiple reproductions from the same collective work or periodical issue more than three times a term
• Make multiple reproductions of works more than nine times in the same term
• Make a reproduction to create or substitute for anthologies
• Make a reproduction of "consumable" works, such as workbooks
• Make additional reproductions of a work for other courses in the school
• Reproduce the same work from term to term
• Keep multiple reproductions of a work on reserve for more than one term, unless the professor has received permission from the copyright owner

Copying From The Internet

"The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer." Reprinted from The Copyright Web site. Assume all materials, including Websites, are copyrighted. When in doubt, seek permission for use from the copyright holder, or at the very least, provide credit for the person or site from which the information is taken.

Fair Use Guidelines For Distance Learning

Copyright Management Center: Distance Education (Indiana Univ.-Purdue Univ. Indianapolis)

http://www.copyright.iupui.edu/dist_learning.htm

Educational Fair Use Guidelines for Distance Learning (CONFU)

http://www.utsystem.edu/ogc/intellectualproperty/distguid.htm

Fair Use Rules of Thumb (Georgia Harper, University of Texas)

http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#rules

Summary of U.S. Copyright Office Report on Distance Education

http://www.copyright.iupui.edu/distedsum.htm

Fair Use Guidelines For Educational Multimedia

Refer to the Website for Fair Use Guidelines for Educational Multimedia (Georgia Harper, Office of General Counsel, University of Texas System). These guidelines clarify the application of fair use of copyrighted works as teaching methods are adapted to new learning environments. Educators have traditionally brought copyrighted books, videos, slides, sound recordings and other media into the classroom, along with accompanying projection and playback equipment. Permitted material which may be reproduced or otherwise incorporated as part of a multimedia project for educational multimedia programs created under these guidelines:

• Motion Media 10% or 3 minutes, whichever is less
• Text Material 10% or 1,000 words, whichever is less
• An entire poem of less than 250 words may be used but no more than three poems by one poet or 5 poems by different poets from an anthology
• Music, lyrics and music video up to 10% but no more than 30 seconds of music and lyrics from an individual musical work
• Illustrations and photographs no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project.
• When using a collective work no more than 10% or 15 images, whichever is less may be reproduced or otherwise incorporated as part of a multimedia project.
• Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated.

Fair Use Guidelines For Electronic Reserves

http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#reserve

Fair Use Guidelines For Reserve Rooms

http://www.utsystem.edu/ogc/intellectualproperty/l-resgen.htm

Links

Refer to the Copyright Office Website for detailed information.

Copyright Links

Center for Intellectual Property and Copyright in the Digital Environment (University of Maryland)

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

Copyright & Fair Use (Stanford Univ. Libraries)

http://fairuse.stanford.edu/

Copyright Law in a Digital Library (Georgia Harper, Office of General Counsel, University of Texas System)

http://www.utsystem.edu/ogc/intellectualproperty/lib_fac.htm

Copyright Management Center & Getting And Giving Permissions (Indiana Univ.-Purdue Univ. Indianapolis)

http://www.copyright.iupui.edu/

Copyright Resources On-Line (Emory Univ.)
The Copyright Website (Benedict O'Mahoney)

http://www.benedict.com/

Crash Course In Copyright (Georgia K. Harper, Manager, Intellectual Property Section, Office of General Counsel for the University of Texas System)

http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm

Digital Millennium Copyright Act Status & Analysis (Association of Research Libraries)

http://www.arl.org/info/frn/copy/dmca.html

Fair Use Of Copyrighted Materials (Georgia Harper, Office of General Counsel, University of Texas System)

http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#research

Intellectual Property Mall (Franklin Pierce Law Center)

http://www.ipmall.fplc.edu/

10 Big Myths about Copyright Explained (Templeton, Brad)

http://www.templetons.com/brad/copymyths.html

United States Copyright Office (located in the Library of Congress)

http://www.copyright.gov/

World Intellectual Property Organization (WIPO)

http://www.wipo.int/

Copyright: Getting Permission to Copy

Copyright Clearance Center

http://www.copyright.com/

Getting Permission (Georgia Harper, Office of General Counsel, University of Texas System)

http://www.utsystem.edu/OGC/IntellectualProperty/permissn.htm

International Federation of Reproduction Rights Organisations (IFRRO)

http://www.ifrro.org/

Locating U.S. Copyright Holders (Harry Ransom Humanities Research Center, Univ. of Texas)

http://tyler.hrc.utexas.edu/us.cfm

Please see also: Resources on Plagiarism

Did you know?

SCC has full service Libraries at Sanford/Lake Mary, Oviedo and Altamonte Springs Campuses.