Millersville University
Copyright Do's and Don'ts
The Law
The U.S. Copyright Act of 1976 seeks to protect the rights of authors and
other owners of copyrightable work while at the same time allowing access
to those works through such public institutions as universities and
libraries. Generally, it is against the law to make unauthorized copies of
copyrighted materials. There are some exceptions to this which are covered
under the FairUse provisions(Section 107) of the Copyright Act.
Fair Use
Under very specific circumstances, the copyright law allows for
limited copying or distribution of copyrighted works without the author's
or publisher's permission for certain purposes. These purposes can
include:criticism, comment, news reporting, teaching (including multiple
copies of classroom use), scholarship, or research. However, the
Copyright Act establishes four factors in determining whether or
not a particular purpose constitutes fair use. These factors are:
a) the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
c) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
d) the effect of the use upon the potential market for or value of the
copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above
factors.
No one factor determines a person's right to use a copyrighted work
without permission.
All copying by educational institutions is NOT fair use.
Copying Allowable by Fair Use Provisions
- Single Copying for Teachers (for scholarly research or
teaching) of: a) a chapter from a book; b) an article from a periodical or
newspaper; c) a short story, short essay, or short poem; d) a chart,
graph, diagram, drawing , cartoon or picture from a book, periodical, or
newspaper.
- Multiple Copies for Classroom Use (not to exceed more than one
copy per student in course) provided that: a) copying meets the tests of
brevity and spontaniety(as defined on reverse);b) copying
meets the cumulative effect test(as defined on reverse); c) each
copy includes a notice of copyright.
Seeking Permission
At Millersville University it is the responsibility of the individual
faculty member/department to seek permission to use copyrighted
materials. It is important to attempt to do this BEFORE the beginning
of a semester. To copy printed or recorded materials, seek permission
in writing from the publisher. Most books, journals, and other
printed or recorded materials contain a copyright notice.The absence of a
copyright notice does not mean that the work in question may be freely
copied. If you cannnot locate the address of the publisher, please contact
the library's Reference Desk (x 3611)
Internet Resources
At present the copyright law is the same for internet resources as for
other materials. All web pages are protected by copyright, even if
they do not contain a copyright notice.
Adapted by Marjorie M.Warmkessel, Ph.D
From an October 1997 Document Prepared by David S. Zubatsky,
Ph.D.
Millersville University
July 1998
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