Copyright Resources

Reserve Guidelines | How to Obtain Copyright Permissions | Classroom Copying Guidelines | Copyright Links by Subject | ODU Resources

It is Ohio Dominican University Library's intention to follow copyright laws. Although copyright law is not clear cut, we hope the following links and resources will be of assistance.

The copyright law was written in part to provide for the concept of "fair use," which applies to nonprofit educational material. The library would like to help faculty provide the required course readings, books and material for their students within the framework of the law and fair use guidelines.

The following factors are to be considered in determining whether a particular use of a copyrighted work is a permitted "fair use," rather than an infringement of the copyright:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,
• the nature of the copyrighted work,
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and
• the effect of the use upon the potential market for or value of the copyrighted work Copyright Law of the U.S. and Related Laws Contained in Title 17 of the U.S. Code

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Reserves Guidelines

ODU Library's Guide to Copyright and Reserves -- Consider these few simple questions when ascertaining copyright compliance for your reserve items.

PHOTOCOPIES, JOURNAL ARTICLES AND BOOK CHAPTERS

1. The library requires that a Reserves Request Form* be filled out for EACH reading which you wish to place on Reserve. This form requires a complete citation for the reading, and must include copyright information.
2. You may place photocopies of chapters of books and/or articles from newspapers and magazines on reserve. The Reserve Department will monitor the length of materials to ensure that the materials placed on reserve conform to the Federal Copyright Act and the "fair use" guidelines.
3. Multiple copies of an item, up to one for every 10 students, may be placed on reserve.
4. The library can place photocopied materials on reserve for only one term without copyright permission. At the end of the semester, the material will be removed from reserve unless the faculty member or instructor fills out a new form requesting continued reserve access.
5. In some cases you must secure copyright permission before placing a photocopy on course reserve. Permission must be obtained if more than 10% of a work is copied. For repeated use of a photocopied article or book chapter, permission must be obtained each semester the article or chapter is used. In some cases the copyright holder will require the payment of a royalty before granting permission.
6. There is no copyright issue in placing library books or personal copies of material supplied by the instructor (textbooks, workbooks, out-of-print items) or material created by the professor (exams, bibliographies) on reserve. Photocopies may be placed on reserve in the library without permission if they have not been used for the same class in previous semesters.
7. Please note the following factors in determining if an item falls under copyright protection or can be considered in the public domain:
   • If the reading was published by the U. S. government, it is generally in the public domain.
   • For works created in 1978 or later, copyright lasts from the creation of the work until 70 years after the author's death.
   • For works created before 1978 with a copyright notice, the maximum duration of copyright protection is 95 years.
   • Works published in 1923 or later which bear a copyright notice are presumed to be still under copyright protection.
   • Works published before 1978 without a copyright notice, and all works published before 1923, are considered to be in the public domain.

PERSONAL COPIES

The library will place on reserve any published material supplied by the professor (such as textbooks, workbooks, out-of-print material), or materials created by the professor for the course (such as exams or bibliographies).

MULTIMEDIA & INTERNET SERVICES

For guidelines regarding multimedia, please review the Multimedia: Guidelines and Production links on this page. For Internet materials, please review the Internet Copyright links. Due to the rapid changes occurring in technology, copyright laws are also changing quickly. Further changes in the copyright laws will be sent out as they are received.

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How to Obtain Copyright Permissions

Faculty members or instructors are responsible for requesting permission. It will be necessary for you or an assistant to write to the copyright holder. Describe the extent of the copying and the intended use. If unsure of the copyright holder, we recommend you contact the publisher. Addresses, if not included in the publication itself, may be available in Books in Print or other directories in the Library.

The Copyright Clearance Center provides an easy, fee-based method for obtaining copyright permission for most photocopying and reserve needs. For more information and ways to purchase permission, access the Copyright Clearance Center website.

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Classroom Copying Guidelines

Title 17 of the U.S. Code details the law regarding copyright. The U.S. Code can be accessed at the following Worldwide Web Site: http://www.copyright.gov/title17/. For the items usually applied to colleges and universities, the classroom guidelines are summarized below. In addition to the information here, please see our guide for Copyright in the Classroom.

I. Single Copying for Teachers

A single copy may be made of any of the following or any part thereof by or for any faculty or staff member at his or her individual request:

1. A chapter from a book
2. An article from a periodical or newspaper
3. A short story, short essay or short poem, whether or not from a collective work
4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
   

II. Multiple Copies for Classroom Use

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

1. The copying meets the following tests of brevity and spontaneity as defined below; and,
2. Meets the cumulative effect test as defined below; and,
3. Each copy includes a notice of copyright

Definitions

• 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 250 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 more general audience fall short of 2,500 words in their entirety. Paragraph "ii" 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.
• Spontaneity
  1. The copying is at the instance and inspiration of the individual teacher, an
  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.
• 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.]

III. Prohibitions as to I and II above

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

1. Copying may not be used to create or to replace or substitute for anthologies, compilations or collective works. A prohibited replacement or substitution occurs regardless of whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.
2. 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.
3. Copying shall not:
   • substitute for the purchase of books, publisher's reprints or periodicals;
   • be directed by higher authority; or
   • be repeated with respect to the same item by the same teacher from term to term.

Portions of this text borrowed from Copyright Primer for Librarians and Educators, 2nd edition, by Janis H. Bruwelheide, Chicago: ALA, 1995.

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Copyright Links by Subject

Digital Millennium Copyright Act

American Library Association: The Digital Millennium Copyright Act

Center for Intellectual Property

Copyright Office of Distance Education: Distance Education and the Digital Millennium Copyright Act

Digital Future Coalition

Educational Fair Use

Stanford University: Copyright and Fair Use

Campus Guide to Copyright Compliance: A comprehensive guide from the Copyright Clearance Center

General Information

10 Big Myths About Copyright Explained: A good, basic primer on copyright law and the Internet

Copyright Advisory Network: American Library Association office for Information Technology Policy

Copyright Law & Graduate Research: A good overview of the copyright rights and responsibilities of dissertation authors with sample permission letter

Copyright Term and the Public Domain in the United States : When works pass into the public domain

Copyright Web site: Has discussion about difficult copyright situations and up to date news

Cornell University: Copyright Act (Full-text)

Digital Future Coalition: Current copyright legislation and issues from an advocacy group dedicated to an "international copyright law and policy that rewards and promotes creativity"

Standford University Libraries Site: for Copyright & Fair Use Act; this site has a virtual law library of copyright-related materials

University of Texas System: Copyright Crash Course! Copyright Management System

How to Copyright

The United States Copyright Office Information: Copyright registration forms, etc.

Copyright Clearance Center: Online access to the right organization of the same name

ASCAP: American Society of Composers, Authors and Publishers

Stanford: How to Investigate the Copyright Status of a Work

Internet Copyright

CNI: Coalition for Networked Information

Multimedia--Guidelines and Production

CCUMC: Consortium of College and University Media Centers

Conference on Fair Use: Links to Conferences on Fair Use in the Electronic Age

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ODU Resources

Book: Bard, Robert L. Copyright Duration: Duration, Term Extension, the European Union and the Making of Copyright Policy. San Francisco: Austin and Winfield, 1999.

Video: Beilefield, Arlene and Chesseman. Technology and Copyright Law. New York, NY:Neal-Schuman Publishers, Inc.,1997

Book: Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. Chicago : American Library Association ; Washington, D.C.: National Education Association, 1995.

Video: Copyrights. Scottsdale: Teachers Video Company, 2001.

Book: Crews, Kenneth D. Copyright Essentials for Librarians and Educators. Chicago: American Library Association, 2000.

Book: Crews, Kenneth D. Copyright, Fair Use, and the Challenge for Universities. Chicago, IL: The University of Chicago Press, 1995.

Book: Gasaway, Laura N. and Wiant, Sarah K. Libraries and Copyright: A Guide to Copyright Law in the 1990's. Washington, D.C.: Special Libraries Association, 1994.

Book: Hoffman, Gretchen McCord. Copyright in Cyberspace: Questions and Answers for Librarians. New York: Neal-Schuman, 2001.

Book: Lipinski, Tomas. Copyright Law and the Distance Education Classroom. Lanham, MD: Scarecrow Press, 2005.

Book: Simpson, Carol Mann. Copyright for Schools: a Practical Guide. Worthington, OH: Linworth Pub, 1997.

Book: Talab, R. S. Commonsense Copyright : a Guide for Educators and Librarians. Jefferson, N.C. : McFarland & Co., 1999.

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