Copyright Resources
Reserve Guidelines | How
to Obtain Permissions | Interlibrary Loan Guidelines
| 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
- 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.
- 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.
- Multiple copies of an item, up to one for every 10 students,
may be placed on reserve.
- The library can place photocopied materials on reserve for
one semester only 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.
- 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.
- 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.
- 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 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. Directories of addresses and telephone numbers of businesses,
including publishers, can be located using Telephone Directories on the Web.
The Copyright Clearance Center: Permissions Made Easy provides a fee-based,
easy method for obtaining copyright permission for most photocopying needs.
Their telephone number is 1-978-750-8400 and their web address is http://www.copyright.com/ccc/do/viewPage?pageCode=s101-n-academic.
Permission requests should contain the following: title, author, and/or editor,
and edition exact material to be used, giving page numbers or chapters number
of copies to be made use to be made of the copied materials form of distribution
(classroom, newsletter, etc.); and whether the material is to be sold.
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Interlibrary
Loan Guidelines
Copyright guidelines for Interlibrary Loan transactions monitor
requests that would occur in such quantities "as to substitute for
a subscription to or purchase of such work". Therefore, a "rule
of five" has been adopted by the American Library Association in
regard to Interlibrary Loan requests. The "rule of five" states
that "...with respect to any given periodical, filled requests of
a library within any calendar year" will not exceed a total of five
copies of an article or articles published in such periodical within
five years prior to the date of the request". It helps to think
of the guideline as 1-1-5-5; during one calendar year, for one periodical
title, five articles can be copied that were published within the
last five years. Ohio Dominican University Library keeps records
of Interlibrary Loan transactions for at least five years.
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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:
- A chapter from a book
- An article from a periodical or newspaper
- A short story, short essay or short poem, whether or not from
a collective work
- 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:
- The copying meets the following tests of brevity and
spontaneity as defined below; and,
- Meets the cumulative effect test as defined below; and,
- Each copy includes a notice of copyright
Definitions
- Brevity
- 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.
- 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.]
- Illustration: One chart, graph,
diagram, drawing, cartoon or picture per book or per periodical
issue.
- "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
- The copying is at the instance and
inspiration of the individual teacher, an
- 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
- The copying of the material is for
only one course in the school in which the copies are made.
- 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.
- 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:
- 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.
- 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.
- 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 Washington Office News line: Gives information
about the Digital Millennium Copyright Act
Center for Intellectual
Property and Copyright in the Digital Environment
Copyright Office
of Distance Education: Historical and future developments of
the Digital Millennium Copyright Act regarding Distance Education
Digital Future Coalition: Gives
information about the Digital Millennium Copyright Act
Educational Fair Use
Stanford University:
Copyright and Fair Use
Copyright on Campus:
Copyright Clearance Center's Campus Guide to Copyright Compliance
for Academic Institutions
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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