171.1 Copyright Laws and Educational Fair Use

Created by: Stephanie Ferguson on 10/10/2005
Category: 1 - Academic Affairs; 70 - Library
 
Originator: Director of Libraries
Current File: 171.1
Adoption Date: 4/20/2011
Reviewed for Currency: 4/20/2011
 
Replaces File: 171.1
Date of Origin: 3/15/1978
 
Classification: Faculty
 
In Archive? Yes

171.1 Copyright Laws and Educational Fair Use

 

A. Background

Furman University personnel need to be familiar with copyright law and the scope of educational fair use. These laws define what can and what cannot be legally photocopied, scanned, or otherwise reproduced in an educational setting.

 

B. Policy

Faculty, staff and other Furman University employees are to adhere to the best of their understanding to the intent and provisions of the current United States copyright law. Each individual is responsible for seeing that he or she does not knowingly violate the law.

 

C. Guidelines

1. The term of copyright protection for material copyrighted after January 1, 1978 varies. In general, the term of copyright protection is life of the author plus seventy (70) years. More detailed information about when works pass into the Public Domain is available on the library Web site. According to the US Copyright Office, work is copyrighted from the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device. While not required for copyright protection, authors may wish to register their work with the US Copyright Office. 

2.  Copyright protection exists in original works of authorship. Works of authorship include the following categories:

 

·        literary works

·        musical works, including any accompanying words

·        dramatic works, including any accompanying music

·        pantomimes and choreographic works

·        pictorial, graphic and sculptural works

·        motion pictures & other audiovisual works

·        sound recording; and

·        architectural works

 

Computer software, multimedia works and other digital media are included.

 

3.  The exclusive rights in copyrighted works are stated in Section 106 of Title 17: “Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following”:

 

·        to reproduce the copyrighted work in copies or phone records;

·        to prepare derivative works based upon the copyrighted work;

·        to distribute copies or phone records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

·        in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and

            other audiovisual works, to perform the copyrighted work publicly;

·        in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

·        in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

 

 

A non-profit institution is not excluded from violations of the above rights.

4.  Limitations on these exclusive rights include a "fair use" clause and permission for libraries to copy under certain circumstances, chiefly for interlibrary lending and preservation purposes.

5.  The principle of “fair use” permits limited reproduction of copyrighted materials when four factors are taken into consideration:

            a.   the purpose and character of the use

b.   the nature of the copyrighted work (for example, fair uses of software and other digital media are more restrictive.)

            c.   the amount and substantiality of the portion used in relation to the whole

            d.   the effect of the use upon the potential market for or value of the work

 

 

Educational fair use does not exempt university faculty or staff members from any pertinent copyright legislation or guidelines. The library can provide information on the guidelines for educational fair use of copyrighted materials. Some questions may need to be referred to university legal counsel.

 

6.  Additional copyright information can be found on the library Web site at http://library.furman.edu/copyright/ .

 

7.  When placing copyrighted materials on reserve, faculty may look for guidance in either the Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use (referred to as The Model Policy and available at http://www.cni.org/docs/infopols/ALA.html#mpup ) or the Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals (referred to as The Classroom Guidelines and available at http://www.publishers.org/conference/copyguide.cfm), which outlines the standards of brevity, spontaneity, and cumulative effect.


8.  Faculty members may obtain copyright permission from the Copyright Clearance Center via their Web site, www.copyright.com, or directly from copyright holders, generally the publisher of the material.

9.  Library faculty, staff, and student workers are required to adhere to all copyright laws and guidelines in the conduct of their work. The library is not responsible for other copying of library materials by faculty, staff, students, or other patrons.

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