Millersville University

Table of Contents:

Part I -- Introduction to Copyright

Section:

1 . . . . Introduction
2 . . . . What Is A Copyright?
3 . . . . Duration of Copyright

Part II -- Fair Use Guidelines For Duplication at Millersville University

Section:

1 . . . . Principles of Fair Use
2 . . . . Reproduction Service by the University Library Instructional Materials Center and/or the Printing and Duplicating Services

Part III -- Application of Fair Use Principles

Section:

1 . . . . Audiovisual Materials
2 . . . . Classroom and Instructional Purposes
3 . . . . Computer Software
4 . . . . Course Anthologies, Packets, or Custom Textbooks
5 . . . . Home Use Video

6 . . . . Interlibrary Loan
7 . . . . Library Reserve Materials
8 . . . . Library Reproductions
9 . . . . Music and Sound Recordings
10 . . . . Off-Air Recording of Television Broadcasts

11 . . . . Photocopying Machines
12 . . . . Public Performance Rights for Motion Pictures and Vidiocassettes
13 . . . . Public Performance Rights for Music
14 . . . . Unpublished Works

Part IV -- Appendices & Notes

Section:

1 . . . . Definitions
2 . . . . Guideline for Seeking Permission from Copyright Holders
3 . . . . Sample Duplication Request Forms
4 . . . . Sample Form: Authorization to Video/Audio Tape
5 . . . . Sources on Copyright in the Library

6 . . . . Notes

PART I -- Intoduction to Copyright

Part I, Section 1 -- Introduction

These guidelines (note 1, see Part III, Section 6) are provided to assist the University community in understanding and conforming to the legal constraints of the federal copyright law. The text of the law is contained in the statutes of the Ninety-fourth Congress (Public Law 94-533) and in any revised edition of the United States Code (Title 17). This Millersville University policy was adopted by the President's Advisory Council on December 5, 1992.
This is not a definitive statement on the issues. General questions concerning library applications can be addressed to the Director of Library Services; printing and duplicating applications can be addressed to its director; computer software can be addressed to the Assistant Vice President for Computing and Information Technologies or the Director of Academic Computing; audiovisual, videotaping, and off-air recording rights can be addressed to the Director of the Instructional Materials Center; and assembling of custom textbooks addressed to the Supervisor of SMC's copy shop. Illegal copies are not sanctioned for University programs, classrooms, copying and printing services, or the University Library.
A Fair Use Committee, whose members will be appointed by the President, will be responsible for the implementation, interpretation, and review of this policy. The Director of Library Services will serve as chairperson.

Part I, Section 2 -- What is a Copyright?

What is a Copyright?

Copyright is a constitutionally conceived property right which is designed to promote the progress of science and art by securing for the author of informative and/or creative works the benefits of his or her original work for a specific period of time.
Copyright laws give the author/owner of original works exclusive rights to do any of the following:
1. Reproduce the copyrighted work.

2. Prepare derivative works.

3. Distribute copies by sale or other transfer of ownership or by rental, lease, or lending.

4. Perform or display the copyrighted work publicly in the cases of literary, musical, dramatic, or choreographic works; pantomimes; motion pictures and other audiovisual works; or works of art.

Copyright laws cover books, journals, newspapers, sound recordings, audiovisual materials, computer programs, literary works, art, choreography, drama, and music. Use of such materials may be governed by licenses and/or contracts in addition to the provisions afforded by the copyright laws. Although a specific media, for example, compact discs, may not be mentioned in the copyright law, it does not mean that they (or whatever supersedes them in the world of technology) are in any way exempt from the laws governing copyright. Copyright laws do not cover ideas, mathematical formulas, measuring devices, blank forms, works of the U.S. government [the law is unclear about how much copyright protection there is for local and state publications], and works in the public domain.
Copyright is violated whenever the intent of copying can be interpreted as avoiding purchase. However, educational institutions and expecially faculty and libraries have received special consideration in section 107 and 108 of the copyright law.

Part I, Section 3 -- Duration of Copyright

Duration of Copyright

For works copyrighted prior to January 1, 1978, the copyright law retains the present term of copyright for twenty-eight years from its first publication and/or registration. This term is renewable for a second period of protection for a term of forty -seven years. Copyrights in their first term must be renewed to receive the maximum term of seventy-five years, but copyrights in their second term between December 31, 1976, and December 31, 1977, are automatically extended to the maximum seventy-five years without the need for renewal.
Works created after January 1, 1978, are protected under copyright laws for the lifetime of the author, plus an additional fifty years after the author's death. It is no longer necessary for individuals to formally indicate copyright on the work. Copyright protection under the common law will automatically attach to any work that is published by an individual or group.
Once a work is considered in the public domain, copyright cannot be restored.

PART II -- Fair Use Guidelines for Duplication at Millersville University

Part II, Section 1 -- Principles of Fair Use

Principles of Fair Use

Within the copyright law exists the doctrine of fair use, which sets certain limitations on the exclusive rights of producers of copyrighted materials and allows a reasonable amount of reproduction of copyrighted works without the payment of royalty and copyright owner's permission.
The concept of fair use is presented as section 107 (Limitations on Exclusive Rights) of the copyright law. This law provides that the controlled reproduction of copies of copyrighted materials for the purposes of teaching, criticism, commentary, reporting, scholarship, and research is not an infringement of copyright laws. Four general guidelines have been established to determine the limits of fair use.
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work.
3. The amount of substantiality of the portion used in relation to the copyrighted work as a whole.
4. The effect of the use upon the potential market for, or value of, the copyrighted work.

Part II, Section 2 -- Reproduction Service by the University Library Instructional Materials Center and/or the Printing and Duplicating Services

Reproduction Service by the University Library, Instructional Materials Center and/or the Printing and Duplicating Services
1. The University Library, Instructional Materials Center and/or Printing and Duplicating Services will limit copying to these guidelines.
2. All work submitted in excess of these guidelines must be accompanied by documented permission from the copyright holder.

PART III -- Application of Fair Use Principles

Part III, Section 1 -- Audiovisual Materials

Audiovisual Materials

The copying of audio visual materials will be guided by the general principles of "fair use" and the applications suggested for print materials.
Audiovisual materials are not exclusively limited to films, videos, slides, and transparencies. Preassembled bulletin boards, learning packets, story books with recordings, and compact discs all fall under the category of audiovisual material and may be protected by current copyright laws.
Permitted Uses of Audio Visual Materials
Displays and performances of audiovisual works are permitted in nonprofit educational institutions when:
1. They must be shown as part of the instructional program.
2. They must be shown by students, instructors, or guest lecturers.
3. They must be shown either in a classroom or other school location devoted to instruction such as a studio, workshop, library gymnasium, or auditorium if it is used for instruction.
4. They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.
5. They must be shown only to students and educators.
6. They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included.
Prohibited Uses of Audiovisual Materials
1. They are used for entertainment, recreation, or even for their cultural or intellectual value but are unrelated to teaching activity.
2. They are transmitted by radio or television (either closed or open circuit) from an outside location.
3. They are shown in an auditorium or stadium before an audience not confined to students, such as a sporting event, graduation ceremony, or community lecture or arts series.
4. They involve an illegally acquired or duplicated copy of the work.

Part III, Section 2 -- Classroom and Instructional Purposes

Classroom and Instructional Purposes

A single copy of a copyrighted work may be made by or for a teacher for the purpose of study, scholarly research, or use in teaching, as long as copying does not substitute for the purchasing of a work or is not used to create, replace, or substitute for anthologies, compilations, or collective works.
The following copies are permissible:
1. A chapter from a book.
2. An article from a newspaper or a periodical.
3. A short story, short essay, or 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 of a copyrighted work may be made if the duplication does not exceed one copy per student and provided that:
1. The copying meets the test of "brevity."
a. In case of poetry, a complete poem of fewer than 250 words printed on no more than two pages or an excerpt from a longer poem not to exceed 250 words.
b. In cases of prose, an article, story, or essay of less than 2,500 words or an excerpt from a prose work not exceeding ten percent of the work or 1,000 words, or 10% of the work, whichever is less, but in any event a minimum of 500 words.
c. In cases of illustrations, one per book or article.
d. In cases of special works (poetry and/or prose that combines language and illustrations, such as a children's book), the work may not be reproduced in its entirety; however, excerpts of not more than two pages containing less than ten percent of the work may be reproduced.

2. The copying meets the test of "spontaneity."
a. Copying that is at the inspiration of the teacher.
b. The decision to use the work and the moments of its use are so close that time to obtain permission from the copyright holder is unavailable.
3. The copying meets the "cumulative effect" text.
a. The material copied is for use in one course. (A course may include multiple sections.)
b. Not more than one poem, article, story, or essay or two excerpts of the above may be copied from the same author. No more than three copies from the same collective source during one course term.
c. No more than nine instances of multiple copying during the period of one course term.
4. Each copy includes a notice of copyright on the first page of each copy.
5. The copying does not include workbooks, exercises, standardized tests, booklets, and answer sheets.

Part III, Section 3 -- Computer Software

Computer Software

It is the policy of Millersville University that contractually protected and/or copyrighted computer software shall not be improperly copied, distributed, or used by its employees, students, or affiliated organizations. Copying does not just entail duplicating floppy disks; it also takes place when a program is transferred from a floppy onto a hard disk, sent over a local area network, or telecommunicated over long-distance lines. The impending emergence of global computer networks and the advent of an all-digital technology will, no doubt, have a major impact on future copyright policy.
The policy also recognizes that users, too, have rights and that ultimately the ethical use of software involves a balance between the competing interests of users and vendors. The academic and administrative computing staffs will only install *original* software, not from copies, to ensure legal compliance. Where there is doubt, these units may require copy permission from the rights holder or evidence of a license to duplicate it.
It is the responsibility of each member of the University community to adhere to this policy and to enforce it with regard to those he/she supervises. If any member of the community has a question regarding the propriety of using software, he/she is responsible for contacting his/her supervisor for direction. The supervisor may in turn refer the question to the Director of Academic computing or the Assistant Vice President for Computing and Information Technologies. Policy appeals will be made through the appropriate vice president.

Part III, Section 4 -- Course Anthologies, Packets, or Custom Textbooks

Course Anthologies, Packets, or Custom Textbooks

The 1991 "Kinko's Case" (Basic Books, Inc. vs Kinko's Graphics Corporation - Federal District Court in New York) confirmed that the copyright law requires that permissions be sought and royalties be paid to rights holders in connection with the creation and sale of anthologies. The court defined anthology as a "representative collection of selected literary pieces or passages or of selected pieces in any art form." Sometimes photocopy anthologies are also called "course packets," "readers," or "custom textbooks." Although it cannot guarantee a rights holder's affirmative response to all requests, the University recommends that the Academic Permissions Service of the Copyright Clearance Center (27 Congress Street, Salem, Mass. 01970) be contacted to avoid a time-consuming, labor-intensive process. There are registrations, royalty, and processing fees involved. If an individual plans to have "custom textbooks" compiled at SMC's copy shop, the staff will request permission for producing coprightable material through the National Association of College Stores' Copyright Permissions Services. It should be noted that copyright owners are not required to grant permission, and that if permission is granted, there is usually a fee charged.

Part III, Section 5 -- Home Use Video

Home Use Video

Teachers in nonprofit educational institutions may use videocassettes designated for "home use" as part of their instructional program. "Home use" videos are usually more popular titles retailed or rented for personal or family use through local video stores and other outlets. This is enabled by section 110 of the federal copyright law, which exempts media utilization by classroom teachers from the public performance restrictions.
Library use is also exempt, since the library is a regular place of instruction for both classroom groups and individual students.
These "home use" videos may not be used as part of a non- classroom or enrichment programs open to the public. Public- performance-right materials need to be leased or rented.

Part III, Section 6 -- InterLibrary Loans

Interlibrary Loans

1. The Interlibrary Loan Section of the University Library may not submit, during a calendar year, more than five requests for photocopies of articles from a particular periodical title if those requests are from issues published within the last five years. No restrictions are placed on the number of photocopies of articles requested for materials exceeding five years.
2. No more than five requests for copies of excerpts of any given work may be made during a calendar year (January 1 to December 31).
3. The library must state that its requests comply with the Copyright Act and must retain request records for a three- year period.
4. Copying should not be done to substitute for a subscription to, or purchase of, a periodical title
5. All copies made by the Interlibrary Loan Section must bear the following copyright notice:
"Notice: This material may be protected by copyright law (Title 17, U.S. Code)."
This notice must be stamped on the first page of the copied item.
6. Interlibrary loan order forms shall include a warning of copyright notice.

Part III, Section 7 -- Library Reserve Materials

Library Reserve Materials

1. The Library's Reserve Section may place one photocopy of a periodical article per issue or one chapter from a book on faculty reserve.
2. Library Reserve may shelve additional copies provided by faculty so long as the faculty member provides adequate reassurance in writing that the copies conform to the copyright laws or that writtern permission from the copyright holder has been obtained.
3. Phono records, audiocassettes, videocasettes, and other media titles may be placed on reserve in the Curriculum Materials Center if they are legal copies with appropriate markings and identification.
4. Copies of copyrighted materials may not be retained on reserve for more than one semester for any faculty member unless the library receives assurance from the faculty member that permission to reproduce and distribute copies in this fashion has been granted by the copyright holder and that said reproduction is in accordance with all copyright laws.
5. The following notice of copyright must be placed on all photocopied materials housed by the library:
"Notice: this material may be protected by copyright law (Title 17 U.S. Code)."
6. "Consumable works" such as workbooks, exercises, standardized tests; booklets, and answer sheets may not be photocopied, nor will they be accepted, for placement on reserve shelves.
7. No books or materials obtained through interlibrary loan shall be placed on reserve.

Part III, Section 8 -- Library Reproductions

Library Reproductions

Single replacement copies of copyrighted works may be made to acquire an out-of-print title that cannot be obtained through normal channels. Subsections (B) and (C) of Section 108 of the Copyright law have been interpreted "to permit libraries (not other organizations) to make single copies of protected works for preservation purposes. Copies of unpublished works may be deposited in another library [for researcher use, for example], but the copy of the published work should probably be retained in the originating library." (note 2, see Part III, Section 6) The copying of an entire published work is permitted only for replacement of a copy that is damaged, deteriorating, lost, or stolen. It appears that Section 108 will not allow direct conversion and storage of documents in any machine-readable format.

Part III, Section 9 -- Music and Sound Recordings

Music and Sound Recordings

Prohibitions in the copying of music are essentially the same as those for printed materials. Sound recordings consist of all audible recordings and are not limited only to those of music.
Guidelines include:
1. A single copy of a copyrighted sound recording may be made from sound recordings owned by the University or an individual teacher for the purpose of constructing aural exercises or examination. The copy is to be retained by the University or individual teacher.
2. A single copy of recordings of performance by students may be made for the purpose of evaluation and may be retained by the teacher or department.
3. Printed copies of music which have been purchased may be edited or simplified, provided that the fundamental character of the work is not distorted or the lyrics altered or added.
4. University-owned recordings may not be transmitted by any unlicensed broadcast means.
5. Copyrighted music may be copied if it is emergency copying to replace purchased copies which are not available for any imminent performance. Purchased replacement copies must be substituted in due course.
6. Single copies of an entire work may be made for purposes other than performance, provided the copyright holder has confirmed that the work is out of print or is available only in a larger work.
7. Multiple copies of excerpts may be duplicated for classroom purposes if the excerpts in no case comprise an entire performance unit and in no case exceed ten percent of the entire work, and if not more than one copy per student is made.

Part III, Section 10 -- Off-Air Recording of Television Broadcasts

Off-Air Recording of Television Broadcasts

With the availability of video recording equipment, copying of television broadcast programming for the purpose of replaying an educationally relevant program in a classroom at a convenient time has become a common practice.
On October 14, 1981, the "Guidelines for Off-Air Recording of Broadcast programming for Educational Purposes," produced by the Kastenmeir Committee, were entered into the "Congressional Record." While these guidelines do not have the effect of law, they are an integral part of the current copyright law and carry a great weight in deciding issues of copyright violation. For this reason, the guidelines should be adhered to by all Millersville University employees regardless of where the recording is done.
1. A unit may tape a program and retain it for forty- five calendar days provided that:
a. Such recordings are used only once for teaching and repeated only once in the first ten class days following taping.
b. After ten class days, the tape is used in the classroom only for teacher evaluation, i.e., only to decide to include the program in a curriculum after receiving permission from the copyright owner.
c. Videotapes must be erased or destroyed after the forty- five day period unless a legal copy is being obtained.
d. Taping of broadcast programming is done only in response to a request from an individual teacher and not in anticipation of such a request.
e. All recordings include the copyright notice of the broadcast.
f. Additional copies reproduced to meet legitimate teaching needs are subject to all provisions governing the original. Recordings need not be copied in their entirety, but the original content may not be altered, combined, or merged into anthologies or compilations.
2. No editing will be done when copying is performed by the Instructional Materials Center. Advertisements and other "extras" will appear as broadcast.
In the 1984 Universal vs. Sony decision, the Supreme Court limited legal copying from television at home to personal use in order to fulfill time shifting needs (i.e., not being at home or more than one program running at the same time). This decision does not legalize the use for instruction.

Part III, Section 11 -- Photocopying Machines

Photocopying Machines

All photocopiers must have the following notice posted on the copying machine or on a wall above the copier:
"The copyright laws of the United States (Title 17, U.S. Code) govern the making of photocopies or other reproductions of copyrighted materials. The doctrine of fair use (Section 107) permits certain limited copying of copyrighted works for educational or research purposes without the permission of the copyright owner. This fair use is a limited exception, which, if exceeded, can subject the person making unauthorized copies and the University to severe penalties."
It is the responsibility of the individual requesting the copies to make sure that copying does not violate fair use practices.

Part III, Section 12 -- Public Performance Rights for Motion Pictures and Videocassettes

Public Performance Rights for Motion Pictures and Videocassettes

Millersville University has signed license agreements with several companies. Questions should be addressed to the Director of Student Activities in the Student Memorial Center.

Part III, Section 13 -- Public Performance Rights for Music

Public Performance Rights for Music

Millersville University has signed Performance Rights agreements with ASCAP, BMI, and SESAC. Any questions should be addressed to the Director of Purchasing.

Part III, Section 14 -- Unpublished Works

Unpublished Works

All unpublished works, including theses and dissertations, and works of art are under protection of copyright from the moment they are created. Accordingly, all unpublished works are subject to the same copyright regulations as books and periodicals. Various unpublished titles owned by the University may, however, be photocopied or microfilmed by the Library in order to guarantee their security and preservation. The original may be stored as a master and a copy placed in circulation.

PART IV -- Appendices & Notes

Part IV, Section 1 -- Definitions

Definitions

University community:
All full-time and part-time University employees, including faculty, students, and staff, as well as the employees and members of affiliated organizations of the University.
Affiliated organizations:
Those organizations integrally connected with Millersville University, such as the Student Services, Inc., Student Lodging,Inc., the MU Foundation, Alumni Association, and other recognized organizations and programs as defined by the University.
Supervisor:
One who is responsible for another, such as faculty with regard to students, deans with regard to faculty, and managers or supervisors with regard to staff employees.
Faculty/faculty member:
Group of people or person who teaches a class.
Library/department:
Any unit of the University Library.
Employees/staff:
Anyone on the University payroll.
Public performances:
Any performance or display at a place open to the public, as well as those campus groups and organization which might make use of copyrighted materials, e.g., use of video tapes by groups in dormitories.

Part IV, Section 2 -- Guidelines for Seeking Permission From Copyright Holders

Guidelines for Seeking Permission From Copyright Holders

In the course of duplicating certain copyrighted materials for classroom purposes, it may be necessary to seek permission from the copyright holders when the duplication falls outside of the aforementioned parameters of fair use.
Once the copyright holder has been determined, the following information must accompany any request for permission to duplicate copyrighted material (see samples in Part IV, Sections 3 and 4):
1. Title, author, and/or editor, year, edition and format of material to be duplicated.
2. Page numbers, chapters, amount of pages, and a photocopy of material to be duplicated.
3. Number of copies.
4. Use of the copies (teaching, conference, research).
5. Whether or not the material is to be sold.
6. Type of reproduction.
This request should be sent to the copyright holder and/or the permissions department of the publisher, accompanied by a self- addressed, stamped envelope. It is advised that permission is requested to duplicate copyrighted material well in advance of the anticipated use of the material. Once a reply is given, it is advised that the response be filed for future reference and verification.

Part IV, Section 3 -- Sample Duplication Request Forms

Sample Duplication Request Forms

Title:
INDIANS OF CENTRAL PENNSYLVANIA
Collaborator:
Joseph Joseph
Material to be Duplicated:
Frames seven through nineeteen.
Reproduction Type:
Color Slides
Use:
The slides will be used to supplement my lecture in PA History 102.

Title:
RECRUITING ACADEMIC FACULTY, Second Edition
Copyright:
Library Book Co., 1989
Author:
Eric McMillan and Diane Smith
Material to be Duplicated:
Pages 23, 24, 25, 26, and 57 (photocopies enclosed), all in Chapter One.
Number of Copies:
50 each semester - Total 150 copies
Use:
Photocopies will be distributed free to class students.

Part IV, Section 4 -- Sample Form: Authorization to Video/Audio Tape

Sample Form: Authorization to Video/Audio Tape

Part IV, Section 5 -- Sources on Copyright in the Library

Sources on Copyright in the Library

Althouse, Jay. _Copyright: The Complete Guide for Music Educators._ East Stroudsburg: Music in Action, 1984. 71p. (Reference 780.29 A467)
_Copyright and Home Copying: Technology Challenges the Law._ Washington, D.C.: U.S. G.P.O., 1989. (Government Document: Y3.T 22/2:2 c79/2)
_Copyright Law: What Every School, College and Public Library Should Know/Video Recording._ Northbrook, Illinois: Association for Information Media and Equipment, 1987. (Curriculum Videocassette: VC346.0482 c796)
Library of Congress. Copyright Office. _Copyright Liability of States and the Eleventh_ Amendment, June 1988: A report of the Register of Copyrights. Washington, D.C.: Library of Congress, 1988. (Government Document: LC 3.2:L61/2)
Peterson, Gary M. and Trudy Huskamp Peterson. _Archives and Manuscripts: Law_. Chicago: Society of American Archivists, 1985. (344.092 P442)
_Questions and Answers on Copyright for the Campus Community_. Oberlin, Ohio: The National Association of College Stores, Inc., 1991. [Also available at University Store]
Reed, Mary Hutchings. _The Copyright Primer for Librarians and Educators_. Chicago: American Library Association and National Education Association, 1987. (Reference 346.0482 R251).
_Reproduction of Copyrighted Works by Educators and Librarians_. Washington, D.C.: Copyright Office, Library of Congress, May 1991. (Circular 21).
Talab, R.S.. _Commonsense Copyright: A Guide to the New Technologies_. Jefferson, N.C.: McFarland and Co., 1986. (347.306482 T14)
United States. _Copyright Law of the United States of America: Contained in Title 17 of the United States Code_. Washington, D.C.: Library of Congress, U.S. Copyright Office, 1991. (Government Document: LC3.4/2:92/991).
_Video Copyright Permissions: A Guide to Securing Permission to Retain, Perform,and Transmit Television Programs Videotaped Off the Air_. Friday Harbor, WA: Copyright Information Services, 1989. (Reference 347.306482 V662 1989).
Vleck, Charles W. _Copyright Policy Development: A Resource Book for Educators_. Friday Harbor, WA: Copyright Information Services, 1987. (Reference 346.0482 V846)

Part III, Section 6 -- Notes

(1) These guidelines are a revision of the University's 1978 policy and are based on those compiled by Indiana University of Pennsylvania (March 1991).
(2) Robert L. Oakley. "Copyright and Preservation: A Serious Problem in Need of a Thoughtful Solution" (Washington, D.C.: The Commission on Preservation and Access, September 1990), pp. 24-25.