I. Definitions

A. Copyright:  The exclusive right of the copyright owner to do and to authorize others to do the following to any original work in any tangible medium:

1. To reproduce the work.

2. To prepare revisions of the work.

3. To distribute copies by sale, transfer of ownership, lease, licensure, and so forth.

4. To perform the work publicly.

5. To display the work publicly.

B. Fair Use: An exception to the exclusive rights of the copyright owner allowing someone other than the owner to use the work without permission.

C. Fair Use Guidelines: Suggested standards defining educational fair use, negotiated by owners and users of copyrighted works.

II. Rules

A. The principles of copyright law promote the creation, publication, and use of original works of the intellect, including written material, works of art, audio-visual works, and computer software. These principles include both the exclusive rights of copyright owners to determine and control the uses of their works (in not-for-profit as well as commercial contexts) and certain exceptions to those exclusive rights, including the doctrine of fair use.

B. Under the copyright laws, certain copying for educational purposes of copyrighted works may take place without the permission of the copyright owner under the provisions set forth for fair use. These provisions are subject to limitations, including the tests of brevity, spontaneity, and cumulative effect.

III. Regulations

A. Copying Print Materials

Copyrighted print materials may not be photocopied without the prior permission of the copyright owner unless the circumstances satisfy the requirements for fair use. The GUIDELINES set forth below are to be used to determine whether or not the prior permission of the copyright owner shall be sought. If the proposed photocopying is not permitted under the GUIDELINES, the permission of the copyright owner shall be sought. After permission has been sought, copying may be undertaken only if permission has been granted and in accordance with the terms of the permission, except as provided in Part D. of these regulations.

GUIDELINES FOR PHOTOCOPYING PRINT MATERIALS FOR EDUCATIONAL PURPOSES

1. Single Copying for Instructors

A single copy may be made of any of the following by or for an instructor at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

a. A chapter from a book.

b. An article from a periodical or newspaper.

c. A short story, short essay, or short poem, whether or not from a collective work.

d. A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

2. Multiple Copies for Classroom Use

Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made for classroom use or discussion by or for the teacher giving the course provided that

a. The copying meets the tests of brevity and spontaneity as defined below and

b. Meets the cumulative effect test as defined below and

c. Includes a notice of copyright on each copy.

3. Test Definitions:

a. Brevity

(1) Poetry:

(a) A complete poem if less than 250 words and if printed on not more than two pages or

(b) From a longer poem, an excerpt of not more than 250 words.

(2) Prose:

(a) Either a complete article, story, or essay of less than 2,500 words or

(b) An excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

[Each of the numerical limits stated in (1) and (2) above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

(3) Illustration

One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

(4) "Special" works

Certain works in poetry, prose, or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph (2) above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof may be reproduced.

b. Spontaneity

(1) The copying is at the instance and inspiration of the individual teacher, and

(2) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

c. Cumulative Effect

(1) The copying of the material is for only one course in the school in which the copies are made.

(2) Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.

(3) There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in (2) and (3) above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

4. Prohibitions as to 1 and 2 above:

Notwithstanding any of the above, the following shall be prohibited:

a. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or are reproduced and used separately.

b. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests, and test booklets and answer sheets and like consumable material.

c. Copying shall not

(1) Substitute for the purchase of books, publisher's reprints, or periodicals.

(2) Be directed by higher authority.

(3) Be repeated with respect to the same item by the same teacher from term to term.

d. No charge shall be made to the student beyond the actual cost of the photocopying.

B. Copying Audio-Visual Materials

Copyrighted audio-visual materials may not be recorded or otherwise copied without the prior permission of the copyright owner unless circumstances satisfy the requirements for fair use or unless copying is permitted by a license or purchase agreement. The GUIDELINES set forth below reflect the application of fair use to the off-air recording, retention, and use of television broadcast programs for education purposes. If the proposed recording or copying of an audio-visual work is not permitted under these guidelines or through a license or purchase agreement, the permission of the copyright owner shall be sought. After permission has been sought, copying may be undertaken only if permission is obtained and in accordance with the terms of the permission, except as provided in Section D. of these regulations.

GUIDELINES FOR OFF-AIR RECORDING OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES

1. The guidelines were developed to apply only to off-air recording by non-profit educational institutions.

2. A broadcast program may be recorded off air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a non-profit educational institution for a period not to exceed the first 45 consecutive calendar days after the date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.

3. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary in classrooms and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first 10 consecutive school days in the 45-calendar-day retention period. "School days" are school session days - not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions - within the 45 calendar-day retention period.

4. Off-air recordings may be made only at the request of and used by individual teachers and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of instructors under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

6. After the first 10 consecutive school days, off-air recordings may be used up to the end of the 45 calendar-day retention period only for teacher evaluation purposes (e.g., to determine whether or not to include the broadcast program in the teaching curriculum) and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

7. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

C. Copying Computer Programs

Computer programs, including both source code and object code, may not be copied without the prior permission of the copyright owner unless circumstances satisfy the requirements for fair use or unless copying is permitted by a license or purchase agreement. The owner of a copy of a computer program may make one other copy or adaptation of that program if the following criteria are met:

1. The new copy or adaptation is created to be able to use the program in conjunction with a specific machine, and it is used in no other manner, or

2. The new copy or adaptation is for archival purposes only, and all archival copies are destroyed in the event that continued possession of the program shall cease to be rightful, and

3. Copies prepared or adapted may not be leased, sold, or otherwise transferred without the authorization of the copyright owner.

Programs obtained under a licensing agreement are not owned by the licensee and cannot be copied unless copying is authorized in the terms of the agreement.

If the proposed copying of a computer program is not permitted under the criteria set forth above, or through a license or purchase agreement, the permission of the copyright owner shall be sought. After permission has been sought, copying may be undertaken only if permission is obtained and in accordance with the terms of the permission, except as provided in Section D. of these regulations.

D. An employee who has sought permission to copy and has not received such permission (or has received permission contingent upon conditions that the employee considers inappropriate) may request the administration to seek legal review of the matter. If upon review it is determined that some or all of the proposed copying is permitted by the copyright law, the administration will so advise the employee. In that event, should any such copying by the employee thereafter give rise to a claim of copyright infringement, the College will defend and indemnify the faculty member against any such claim. In the absence of a determination that an employee has complied with regulations A., B., C., and D., no defense or indemnification by the College shall be provided to an employee whose copying gives rise to a claim of copyright infringement.

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