Use of United States Copyright Act

POLICY

Dakota State University endorses and supports the United States Copyright Act of 1976, which became effective January 1, 1978.

SCOPE

Automatic Copyright – The new law adopts the principle of “automatic copyright”.  Works created after January 1, 1978, are copyrighted under the federal statute upon creation.  While registration with the U.S. Copyright Office and use of a copyright notice are not conditions for securing the initial copyright for these works, “registration” and “notice” are still important to ensure protection of rights under the law. 

Section 107, Title 17, United States Code, states: “…the fair use of a copyrighted work, including such use by reproduction in copies…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” 

The following additional guidelines are from Circular R21, “Reproduction of Copyrighted Works by Educators and Librarians”, September 1978 (or as may be updated), Copyright Office, Washington, D.C.: 

PROCEDURES

The following procedures were established by a major U.S. university following a lawsuit against the university and its faculty members.The guidelines referring to the proper use of copyrighted materials should be reviewed by DSU faculty and staff and used as a guideline for photocopying copyrighted materials. 

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 book, periodical, or newspaper.
   

1. The copying meets the 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 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 “i” and “ii” above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)
   
   
3. One chart, graph, diagram, drawing, cartoon, or picture per book of 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 “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, 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.

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, not 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 “ii” and “iii” above shall not apply to current news periodicals and newspapers and current news sections of other periodicals).

3. PROHIBITIONS AS TO (1) AND (2) ABOVE:

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

1. 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.
   
   
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:
   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.
      
      
4. No charge shall be made to the student beyond the actual cost of photocopying.

PERMISSIONS:

A. How to Obtain Permission

When a proposed use of photocopied material requires a faculty member to request permission, communication of complete and accurate information to the copyright owner will facilitate the request.  The Association of American Publishers suggests that the following information be included to expedite the process:  (1) Title, author and/or editor, and edition of materials to be duplicated;  (2) exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material;  (3) number of copies to be made;  (4) use to be made of duplicated materials;  (5) form of distribution (classroom, newsletter, etc.);  (6)  whether or not the material is to be sold; and  (7)  type of reprint (ditto, photocopy, offset, typeset). 

The request should be sent, together with a self-addressed return envelope, to the permissions department of the publisher in question.  If the address of the publisher does not appear at the front of the material, it may be obtained from The Literary Marketplace (for books) or Ulrich’s International Periodicals (for journals), both published by the R.R. Bowker Company.  For purposes of proof, and to define the scope of the permission, it is important that the permission be in writing. 

The process of considering permission requests requires time for the publisher to check the status and ownership of rights and related matters, and to evaluate the request.  It is advisable, therefore, to allow sufficient lead-time.  In some instances, the publisher may assess a fee for permission, which may be passed on to students who receive copies of the photocopied material. 

COMPUTER PROGRAMS:

             Reproduction of computer programs in their entirety is not permitted without prior written approval of the copyright owner except as follows: 

            Public Law 96-517, December 1980, amended Section 117 of Title 17 of the United States Code to the effect that “it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: 

1. that such a new copy of adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
   
   
2. that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
   
   Site licenses and multiple copy licenses allow for multiple working copies of software for educational purposes associated with the licensed site.

INTERNET MULTIMEDIA

(Taken from Fair Use Guidelines for Educational Multimedia)

2. PREPARATION OF EDUCATIONAL MULTIMEDIA PROJECTS USING PORTIONS OF COPYRIGHTED WORKS

These uses are subject to the Portion Limitations listed in Section 4.  They should include proper attribution and citation as defined in Sections 6.2.  

2.1  By students:

Students may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for a specific course.

 2.2  By Educators for Curriculum-Based Instruction:

Educators may incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects for their own teaching tools in support of curriculum-based instructional activities at educational institutions.

3. PERMITTED USES OF EDUCATIONAL MULTIMEDIA PROJECTS CREATED UNDER THESE GUIDELINES

Uses of educational multimedia projects created under these guidelines are subject to the Time, Portion, Copying and Distribution Limitations listed in Section 4.

3.1   Student Use:

Students may perform and display their own educational multimedia projects created under Section 2 of these guidelines for educational uses in the course for which they were created and may use them in their own portfolios as examples of their academic work for later personal uses such as job and graduate school interviews. 

3.2   Educator Use for Curriculum-Based Instruction:

Educators may perform and display their own educational multimedia projects created under Section 2 for curriculum-based instruction to students in the following situations: 

3.2.1       for face-to-face instruction, 

3.2.2       assigned to students for directed self-study, 

3.2.3       for remote instruction to students enrolled in curriculum-based courses and located at remote sites, provided over the educational institution’s secure electronic network in real-time, or for after class review or directed self-study, provided there are technological limitations on access to the network and educational multimedia project (such as a password or PIN) and provided further that the technology prevents the making of copies of copyrighted material. 

If the educational institution’s network or technology used to access the educational multimedia project created under Section 2 of these guidelines cannot prevent duplication of copyrighted material, students or educators may use the multimedia educational projects over an otherwise secure network for a period of only 15 days and after its initial real-time remote use in the course of instruction or 15 days after its assignment for directed self-study.  After that period, one of the two use copies of the educational multimedia project may be placed on reserve in a learning resource center, library or similar facility for on-site use by students enrolled in the course.  Students shall be advised that they are not permitted to make their own copies of the educational multimedia project. 

3.3   Educator Use for Peer Conferences:

Educators may perform or display their own educational multimedia projects created under Section 2 of these guidelines in presentations to their peers, for example, at workshops and conferences. 

3.4  Educator Use for Professional Portfolio:

Educators may retain educational multimedia projects created under Section 2 of these guidelines in their personal portfolios for later personal uses such as tenure review or job interviews. 

4.     LIMITATIONS – TIME, PORTION, COPYING AND DISTRIBUTION

The preparation of educational multimedia projects incorporating copyrighted works under Section 2, and the use of such projects under Section 3, are subject to the limitations noted below. 

4.1   Time Limitations:

Educators may use their educational multimedia projects created for educational purposes under Section 2 of these guidelines for teaching courses, for a period of up to two years after the first instructional use with a class.  Use beyond that time period, even for educational purposes, requires permission for each copyrighted portion incorporated in the production.  Students may use their educational multimedia projects as noted in Section 3.1.

4.2   Portion Limitations:

Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of  the original medium from which the copyrighted works are taken.  In the aggregate means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under these guidelines.  These limitations apply cumulatively to each educator’s or student’s multimedia project(s) for the same academic semester, cycle or term.  All students should be instructed about the reasons for copyright protection and the need to follow these guidelines.  It is understood, however, that students in kindergarten through grade six may not be able to adhere rigidly to the portion limitations in this section in their independent development of educational multimedia projects.  In any event, each such project retained under Sections 3.1 and 4.3 should comply with the portion limitations in this section. 

4.2.1       Motion Media:

Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines. 

4.2.2       Text Material:

Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines.  An entire poem of less than 250 words may be used, but no more that three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.   

Music, Lyrics, and Music Video:

Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project created under Section 2.  Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. 

Illustrations and Photographs:

The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work.  Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2.  When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. 

Numerical Data Sets:

Up to 10% or 2500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2 of these guidelines.  A field entry is defined as a specific item of information, such as a name or Social Security number, in a record of a database file.  A cell entry is defined as the intersection where a row and a column meet on a spreadsheet. 

Copying and Distribution Limitations:

Only a limited number of copies, including the original, may be made of an educator’s educational multimedia project.  For all of the uses permitted by Section 3, there may be no more than two use copies, only one of which may be placed on reserve as described in Section 3.2.3.

An additional copy may be made for preservation purposes but may only be used or copied to replace a use copy that has been lost, stolen, or damaged.  In the case of a jointly created educational multimedia project, each principal creator may retain one copy but only for the purposes described in Sections 3.3 and 3.4 for educators and in Section 3.1 for students.

5.     EXAMPLES OF WHEN PERMISSION IS REQUIRED 

5.1  Using Multimedia Projects for Non-Educational or Commercial Purposes:

Educators and students must seek individual permissions (licenses) before using copyrighted works in educational multimedia projects for commercial reproduction and distribution. 

5.2 Duplications of Multimedia Projects Beyond Limitations Listed in These Guidelines:

Even for educational uses, educators and students must seek individual permissions for all copyrighted works incorporated in their personally created educational multimedia projects before replicating or distributing beyond the limitations listed in Section 4.3. 

5.3 Distribution of Multimedia Projects Beyond Limitations Listed in These Guidelines:

Educators and students may not use their personally created educational multimedia projects over electronic networks, except for uses described in Section 3.2.3, without obtaining permissions for all copyrighted works incorporated in the program.

6.     IMPORTANT REMINDERS

6.1 Caution in Downloading Material from the Internet:

Educators and students are advised to exercise caution in using digital material downloaded from the Internet in producing their own educational multimedia projects, because there is a mix of works protected by copyright and works in the public domain on the network.  Access to works on the Internet does not automatically mean that these can be reproduced  and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder. 

6.2  Attribution and Acknowledgement

Educators and students are reminded to credit the sources and display the copyright notice and copyright ownership information if this is shown in the original source, for all works incorporated as part of educational multimedia projects prepared by educators and students, including those prepared under fair use.  Crediting the source must adequately identify the source of the work, giving a full bibliographic description where available (including author, title, publisher, and place and date of publication).  The copyright ownership information includes the copyright notice (ã, year of first publication and name of the copyright holder). 

The credit and copyright notice information may be combined and shown in a separate section of the educational multimedia project (e.g. credit section) except for images incorporated into the project for the uses described in Section 3.2.3.  In such cases, the copyright notice and the name of the creator of the image must be incorporated into the image when, and to the extent, such information is reasonably available; credit and copyright notice information is considered “incorporated” if it is attached to the image file and appears on the screen when the image is viewed.  In those cases when displaying source credits and copyright ownership information on the screen with the image would be mutually exclusive with an instructional objective (e.g. during examinations in which the source credits and/or copyright information would be relevant to the examination questions), those images may be displayed without such information being simultaneously displayed on the screen.  In such cases, this information should be linked to the image in a manner compatible with such instructional objectives.