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MASSACHUSETTS
SCHOOL OF LAW COPYRIGHT INFRINGEMENT POLICY
Introduction
In compliance with
the 18 USC 2319, Criminal Copyright Infringement, 17 USC 101, the No Electronic Theft (“Net”) Act and the Digital
Millennium Copyright Act’s provisions relating to educational institutions, encourages its students,
faculty and staff to educate
themselves on the principles of copyright and to respect the rights of
copyright owned by others.
Individuals using
computers and networks (the “account holder”), library, and other academic resources are responsible for complying with copyright laws and the Law School’s policies and
procedures regarding the use of copyrighted materials.
Copyright Policy
Notification, Investigation, and Removal Procedures
Authority
In the case of copyright infringement by an account holder,
the Law School reserves the rights to deny, limit, revoke, or extend
computing privileges and access to the network at its discretion or to impose other sanctions at its discretion. (See
end of this policy statement for procedures on copyright infringement
concerning language, literature, or media other than computers and networks.). Once a determination of copyright
infringement has been made under the Procedures for Investigation and Disposition of Copyright Infringement Allegations,
the matter will be referred to MSLAW’s Disciplinary Committee.
MSLAW’s Disciplinary Committee, using the regulations governing students as the guideline, will deal
with student violations of this
policy. Faculty violations of this policy will be dealt with by the Dean or
Associate Dean. Staff violations of
this policy will be dealt with by the appropriate supervisor or Dean.
The procedures
outlined below will apply when the Law School receives written notification of
an alleged copyright infringement.
Notification of
Infringement by Copyright Holder
Copyright holders who
believe an account holder has infringed their copyrighted material must notify the Assistant Dean, or Associate Dean, or
Dean (the “designated agent”) of the allegedly infringing action or material in writing. For purposes of these
procedures, an Email message from the copyright holder shall be
considered a written notice providing the copyright holder alleging the
infringement is identified and is willing to provide additional signed
documentation of his/her claim. The notification must:
1) Identify the
copyrighted material being infringed in sufficient detail to permit the Law School
to locate the allegedly
infringing material on the Law School’s network;
2) State the basis
for the claim of possible infringement;
3) State the basis
for the copyright holder’s copyright in the work (e.g. author, owner, assignee).
Notification of Account Holder of Allegation of Copyright
Infringement
The designated agent of the law school will notify the
account holder who appears to have posted the allegedly infringing material
that an investigation procedure will be conducted according to published policy.
Procedure for Investigation and Disposition of
Copyright Infringement Allegations
In the event that the
allegedly infringing material is being used for a class at the Law School, the
designated agent will attempt to
secure an arrangement with the copyright holder for use of the allegedly infringing material by the account holder until
the end of the current academic term. Failing a satisfactory arrangement,
the designated agent will notify the account holder and conduct an investigation of the alleged infringement and take
action as set forth below regarding any allegedly infringing material.
If, after the
investigation, the designated agent determines that the allegedly infringing
material appears not to infringe on
the copyright of the copyright holder, the designated agent will notify the copyright holder and the account holder of this
determination. If the copyright holder disagrees with the determination
of the designated agent, the copyright holder may request in writing that the Law School ask its attorneys to
render an opinion as to whether the allegedly infringing material constitutes copyright infringement. If the material
is determined not to constitute copyright infringement, the material
will remain on the network.
If, after conducting an investigation, the designated agent determines
that the allegedly infringing material appears to infringe the copyright of the
holder, the designated agent, working with the appropriate authority, will follow the procedures for removal of
infringing material set forth below.
Removal of Infringing Material
If, after the designated agent’s investigation, the
determination is made that the allegedly infringing
material appears to infringe the copyright of the holder, the designated agent
will notify the copyright holder and
the account holder whose account was used to post the allegedly infringing
material. The designated agent will direct the appropriate IT staff member to
remove, or block access to, the allegedly
infringing material. At this time, the appropriate authority, as designated under “Law School Authority,” will be
notified.
Upon receipt of notification from the designated agent
that the allegedly infringing material appears to infringe the copyright of the
copyright holder and is being blocked or removed from the Law School’s computers or network, the account holder may request
that the designated agent restore the
removed or blocked material based on the account holder’s belief that the
allegedly infringing material is not
infringing. Such a request must be in writing and include a detailed statement of the basis for the account holder’s
belief that the allegedly infringing material is not infringing, as well
as a request that the Office removed or blocked material be restored. If
the designated agent receives such a request from the account holder, the
designated agent, in consultation with the appropriate Law School authority,
will provide a copy of the request to the
copyright holder and to the Law School attorney, if the attorney has not
already provided an opinion on the matter.
If, within ten days after a copy of the account
holder’s request is sent to the copyright holder by the designated agent, the designated agent has not
received a written request from the copyright holder to continue the
blocking or removal of the allegedly infringing material, the designated agent will notify IT department to restore the material
so long as the Law School’s attorney, if he/she has been consulted,
agree that the material does not constitute an infringement of copyright. IT department will restore the allegedly infringing
material within four days of the receipt of such notification.
If
the designated agent receives, within ten days, a request from the copyright
holder to continue the blocking or removal of the allegedly infringing
material, the designated agent will provide copies
of all correspondence to the Law School’s attorney. Notification of this
request from the copyright holder
will also be sent to the account holder who had appealed the original decision regarding the alleged copyright infringement, and
the appropriate Law School authority. The Law School attorneys will be asked to render an opinion as to
whether the allegedly infringing material constitutes copyright
infringement.
If the allegedly infringing material is
determined, by the Law School attorney, not to constitute copyright
infringement, the material will be restored by the IT department within four
days of such determination.
Procedures
Involving Alleged Copyright Infringement Concerning Language, Literature, or media other than Computers and Networks Questions
of alleged copyright infringement concerning
language, literature, and media other than computers and networks will be investigated by the designated agents established
for these areas. These designated agents will follow procedures, and adhere to policies that are essentially the same
as those outlined above (for computer and network use) to ascertain if
the fair use provisions of copyright legislation have been infringed upon. Blocking or removal of material determined to
constitute copyright infringement
will be handled in a manner determined to be appropriate for each area, as will restoration of material determined, through the appeal process, to not
constitute copyright infringement.
Policy
Review
The Copyright Infringement’s Committee will ensure
that this policy is reviewed every year.
Interim
Designation of Agents to Receive Notification of Claimed Infringement
This
is to notify copyright holders that the following persons have been designated
by the Massachusetts School of Law to serve as designated agents,
and to receive requests concerning claimed copyright
infringement, pursuant to the Digital Millennium Copyright Act: June 19, 2003
Designated Agent for Possible Infringement of
Copyright Concerning Computers and Networks: Michael L. Coyne
Designated
Agent for Possible Infringement of Copyright Concerning Language and Literature: Paula Kaldis
Designated
Agent for Possible Infringement of Copyright Concerning Media, Not Including
Computers and Networks: Diane M. Sullivan
Any copyright holder wishing to send a notice to
the Massachusetts School of Law regarding possible copyright infringement should file that notice in
writing with the appropriate designated agent at the following address:
Massachusetts School of Law
500 Federal Street
Andover, MA 01810
Sources
The
Copyright Office regarding Interim Regulations is available at: http://lcweb.loc.gov/copyright/onlinesp/
The Interim Regulations are available at:
http://www.aop.org/legis/interim.html
Circulars from the U.S. Copyright Office:
http://www.loc.gov/copyright/circs
University of South Florida-Tampa:
http://www.lib.usf.edu/accsvc/copyright.html
(This is a broad collection of sources on
copyright)
Skidmore College Guideline:
http://www.skidmore.edu/help/rules/copyright.html
Washington and Lee University:
http://www.wlu.edu/computing/policies.wlu
Stanford University:
http://fairuse.stanford.edu
MSLAW reserves the right to update this policy as needed
without notice.
APPENDIX A
What Copyright Is
Copyright is a form of legal protection for authors of
original works, including literary, dramatic, musical, artistic, and other
intellectual products. Publication is not essential for copyright protection,
nor is the well known symbol of the encircled "c". Section 106 of the
Copyright Act (90 Stat 2541) generally gives the owner of copyright the
exclusive right to do and to authorize others to do the following:
Reproduce copies of the work.
Prepare derivative works based on the copyrighted work.
Distribute copies of the work by sale, rental, lease, or
lending.
Publicly perform the work (if it is a literary, musical,
dramatic, or choreographic work or a pantomime, motion picture or audiovisual
work).
Publicly display the work (if it is a literary, musical,
dramatic, choreographic, sculptural, graphic, or pictorial work -- including
the individual images of a film -- or a pantomime).
The copyright owner retains these rights even when the work
itself belongs to someone else.
APPENDIX B
Fair Use
The doctrine of fair use, embedded in section 107 of the
Copyright Act of 1976, addresses the needs of scholars and students by
mitigating the rights of copyright ownership. However, what constitutes fair
use is expressed in the form of guidelines rather than explicit rules. To
determine fair use, consider the following four factors [from What Educators
Should Know About Copyright, by Virginia M. Helm; Bloomington, IN, Phi Delta
Kappa Educational Foundation, 1986]:
The purpose and character of the use, including whether the
copied material will be for nonprofit, educational, or commercial use. This
factor at first seems reassuring; but unfortunately for educators, several
courts have held that absence of financial gain is insufficient for a finding
of fair use.
The nature of the copyrighted work, with special
consideration given to the distinction between a creative work and an
informational work. For example, photocopies made of a newspaper or
newsmagazine column are more likely to be considered a fair use than copies
made of a musical score or a short story. Duplication of material originally
developed for classroom consumption is less likely to be a fair use than is the
duplication of materials prepared for public consumption. For example, a teacher
who photocopies a workbook page or a textbook chapter is depriving the
copyright owner of profits more directly than if copying one page from the
daily paper.
The amount, substantiality, or portion used in relation to
the copyrighted work as a whole. This factor requires consideration of 1) the
proportion of the larger work that is copied and used, and 2) the significance
of the copied portion.
The effect of the use on the potential market of the
copyrighted work. This factor is regarded... as the most critical one in
determining fair use; and it serves as the basic principle from which the other
three factors are derived and to which they are related. If the reproduction of
a copyrighted work reduces the potential market and sales and, therefore, the
potential profits of the copyright owner, that use is unlikely to be found a
fair use.
Permission for Copying in Excess of Fair Use
MSLAW participates in contractual arrangements mandating
royalty payments or licensing fees to copyright owners whenever feasible.
Nevertheless, it often falls to the individual scholar to obtain written
permission from the copyright owner to copy a large portion of a work or an
entire work, or to produce multiple copies of chapters or periodical articles.
Contact D for help with the permission process.
APPENDIX C
Photocopying
in the Library and Elsewhere on Campus
It is
permissible to photocopy copyright-protected works in the MSLAW Library and
elsewhere on the MSLAW campus without obtaining permission from the copyright
owner, under any one of the following circumstances:
Requests
for articles and short excerpts -- At the request of a library user or another library on behalf of a library
user, the MSLAW Library may allow a user to make one reproduction of an article
from a periodical or a small part of any other work. The reproduction must
become the property of the library user, and the library must have no reason to
believe that the reproduction will be used for purposes other than face-to-face
teaching, private study, scholarship, or research. As recommended by Section
108 of the Copyright Act, the library must display the Copyright policy at the
place library users make their reproduction requests to the Library.
Replacement
of lost, damaged or obsolete copies -- The MSLAW Library may make up to three reproductions, including digital
reproductions, of a published work that is lost, stolen, damaged, deteriorating
or stored in an obsolete format. Any digital reproductions of copyrighted
material must be kept within the confines of the library (that is, available on
its computers but not placed on a network accessible by the general, non-MSLAW
public) unless copyright permission has been secured.
Requests
for entire works -- One reproduction of an entire book or periodical by a user may be allowed in
the library at a library user's request, or made by another library on behalf
of a MSLAW Library user upon certain conditions being met. These conditions
include a determination that, after reasonable investigation, an authorized
reproduction cannot be obtained at an acceptable price. Once made, the
reproduction must become the property of the MSLAW Library user. The MSLAW
Library must have no reason to believe that the reproduction will be used by
the user for purposes other than face-to-face teaching, private study,
scholarship, or research, and the MSLAW Library must display the register's
notice at the location users make their reproduction requests.
Archival
reproductions of unpublished works -- Up to three reproductions of any unpublished work may be made for
preservation or security, or for deposit for research use in another library or
archive. This may be a photocopy or digital reproduction. If it is a digital
reproduction, the reproduction may not be made available to the public outside
the MSLAW Library or archive premises. Prior to receiving any of the three
reproductions permitted under this provision from another library or archive,
the MSLAW Library or archive must make a reasonable effort to purchase a new
replacement at a fair price. The reproducing library or archive must also own
the work in its collection.
Photocopying
and Scanning By Students, Faculty, and Staff
Students,
faculty, and staff members may photocopy or scan materials for face-to-face
teaching, private study, scholarship, or research at the MSLAW Library provided
the following criteria are met:
· The
individual makes one photographic or scanned reproduction of an article from a
periodical or a small portion of any other work;
· The
reproduction becomes the property of the individual;
· The
reproduction will not be used for purposes other than face-to-face teaching,
private study, scholarship, or research; and,
· The Library
displays the copyright policy at the location where the individual makes
his/her reproductions.
Photocopying
and scanning by students, faculty, and staff is subject to a fair use analysis
as well. A single reproduction of a portion of a copyright-protected work, such
as a copy or scanned reproduction of a journal article may be made without
permission. Photocopying or scanning all the assignments from a book
recommended for purchase by the instructor, making multiple reproductions of
articles or book chapters for distribution to classmates, or reproducing
material from consumable workbooks, all require permission.
In
addition, a scanned copy may not be distributed via email (including
attachments), posted on a web site, or in any other way distributed beyond use
for face-to-face teaching, private study, scholarship, or research.
APPENDIX D
GUIDELINES
FOR USING MULTIMEDIA AND THE INTERNET
Multimedia
refers to the use of more than one of the categories of work protected by
copyright law, such as a PowerPoint file with images, video clips, or a sound
recording with images. As part of the Conference on Fair Use (“CONFU”) process, Educational Multimedia Fair Use Guidelines were produced in 1996. These guidelines apply to use,
without permission, of portions of lawfully acquired copyrighted works in
educational multimedia projects created by educators or students for
course-related work. Key elements of the guidelines are summarized below.
Time
Instructors
may use their multimedia projects for a period of up to two years after first
instructional use. Usage beyond that requires the period requires permission
for each copyrighted portion of the work from the copyright holder.
Portion
Motion
Media
Faculty
and students may use up to 10% or three minutes of a source, whichever is less,
of a single copyrighted motion media work.
Text
Faculty
and students may include up to 10% or 1000 words of a source, whichever is
less, of a single copyrighted work. For example, an entire poem of less than
250 words, but no more than three poems by one poet, or five poems by different
poets from any single anthology may be used. In poems of greater length, faculty
or students may include up to 250 words, but no more than three excerpts by a
single poet, or five excerpts by different poets from a single anthology.
Music,
Lyrics, and Music Video
Faculty
and students may use up to 10% but not more than 30 seconds of music and lyrics
from a single musical work. Alterations to a musical work should not change the
basic melody or the fundamental character of the work.
Illustrations,
Photographs
Faculty
and students may use a photograph or illustration in its entirety; however, no
more than five images by one artist or photographer may be included. In
addition, no more than 10% or 15 images, whichever is less, may be used from
any single published work.
Numerical
Data Sets
Faculty
and students may include up to 10% or 2500 fields or cell entries, whichever is
less, from a database or data table. A field entry is a specific item of
information in a record of a database file. A cell entry is the intersection
where a row and a column meet on a spreadsheet.
Instructor-Authored Materials
Faculty
may post online any materials they create, such as lecture notes, tests,
exercises, problem sets, and PowerPoint presentations. Instructors should note
that if material they authored has been published (e.g., in a journal), they
may have transferred the copyright to the publisher. In that case, it may be
necessary to obtain permission from the publisher to post the material.
PowerPoint Presentations
Presentations
that include images/pictures, video, music, or other multimedia must be
copyright compliant. Use the guidelines in this section to inform decisions
based on the content of the PowerPoint presentation (i.e., “Images,” ”Audio
Recordings,” ”Video,” “Data Sets”).
Copying Sound Recordings
Non-Music
Recordings
Audio
cassettes or CDs may not be copied unless replacement recordings from a
commercial source cannot be obtained at a fair price. Recording brief excerpts
may be permissible under the Fair Use doctrine.
Other Issues
Other
issues related to the copying of music include recording copyrighted works in
any format (e.g., phonograph records, cassettes, audio CDs, MP3s), preparing
derivative works, distributing copyrighted music, and performing musical works.
In general, it is not an infringement if:
· The playback or performance is done in
face-to-face teaching;
· The playback or performance of the work
is on closed-circuit television to other classrooms or to students with
disabilities for teaching purposes only; and
· There is no direct or indirect commercial
advantage, including no fees paid to performers and no admission charge.
APPENDIX E
FREQUENT
ASKED QUESTIONS
Printed Materials
Works that May be Used Freely
Occasionally, scholarly publications such as journal
articles include a note offering the right to copy for educational purposes.
Some categories of publications are in the public domain;
that is, their use is not protected by copyright law:
Publications dated 1922 or earlier.
Works that do not include a copyright notice and were first
published before January 1, 1978.
Most United States government documents.
Once a work has acquired public domain status it is no
longer eligible for copyright protection.
Photocopying
Printed Materials Other Than Music: What Quantity
Conforms to the Law?
The following parameters are widely considered to be
inappropriately restrictive for academic needs. However, they define the limits
within which we can be sure of complying with copyright law. Somewhat more
extensive copying may be sanctioned by the fair use guidelines.
Single Copies for Scholarly Needs or Library Reserve
One chapter from a book.
One article from a journal issue or newspaper.
Multiple excerpts from a single book or journal issue will
be accepted only if the total length of the submission is 10% or less of the
total length of the book or journal issue.
A short story, short essay, or short poem.
A chart, diagram, drawing, graph, cartoon, or picture.
*Articles, etc. that are submitted for Reserve are
considered the property of the instructor and will be returned at term-end at
professor’s request. (See "Library Reserve Services", for further
information.)
Multiple Copies for Classroom Use
must meet the following tests of brevity, spontaneity, and
cumulative effect. Each copy must also include prominent notice that it is
copyrighted material.
Brevity
Prose: Either (1) a complete article, story or essay
of less than 2,500 words, or (2) 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 an
excerpt of up to 500 words.
Poetry: (1) A complete poem if less than 250 words
and if printed on not more than two pages, or (2) an excerpt of not more than
250 words.
(Each of the numerical limits above may be expanded
to permit the completion of an unfinished prose paragraph or line of a poem.)
Illustration: One chart, graph, diagram, drawing,
cartoon or picture per book or periodical issue.
Special Works: Certain works in poetry or prose or
in "poetic prose", which may combine language with illustrations and
which fall short of 2,500 words, may not be reproduced in their entirety.
However, an excerpt comprising not more than two of the published pages of such
a work, and containing not more than 10% of the words found in the text, may be
reproduced.
Spontaneity
The copying is at the instance and inspiration of
the individual instructor.
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,
with no more than one copy per student in the course.
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 a term.
There shall not be more than nine instances of such
multiple copying for one course during a term.
Course Packets
Copyright litigation involving academic users has focused on
these "anthologies", which are perceived as substituting for
textbooks and thus as reducing the potential market for copyrighted
publications. Every article or chapter in a course packet, if derived from
copyrighted material, requires permission, either from the copyright owner
(usually the publisher) or through a royalty fee paid to the Copyright
Clearance Center. Each item in the packet also must include a notice of
copyright -- e.g., "Copyright 1990 by Academic Books, Inc."
Individuals who purchase course packets should not be charged in excess of
cost.
Photocopies Obtained Through Interlibrary Loan
Section 108(d) of the Copyright Law of 1976 specifies that a
library may copy "no more than one article or other contribution to a
copyrighted collection or periodical issue, or to . . . a small part of any
other copyrighted work." The copy must become the property of the
requestor, and its use is limited to "private study, scholarship, or
research."
Interlibrary Loan activities are further restricted in the
aggregate by the "CONTU Guidelines", which cap the amount of
photocopying the ILL office can request for MSLAW community in any calendar
year. The thrust of the "Guidelines" is to quantify the maximum
number of photocopied articles -- five -- that can be requested from the most
recent five years of a periodical the library does not subscribe to. The "CONTU
Guidelines" are available in the Interlibrary Loan office. Individuals
requesting copies in excess of the CONTU allowance may be asked to pay a
royalty or the fee necessary to obtain such copies commercially.
The Interlibrary Loan office is legally obligated to display
prominently the following notice and to include the same text on all request
forms:
NOTICE
WARNING CONCERNING COPYRIGHT RESTRICTIONS
The copyright law of the United States (Title 17, United
States Code) governs the making of photocopies or other reproductions of
copyrighted material.
Under certain conditions specified in the law, libraries and
archives are authorized to furnish a photocopy or other reproduction. One of
these specified conditions is that the photocopy or reproduction is not to be
"used for any purpose other than private study, scholarship, or
research." If a user makes a request for, or later uses, a photocopy or
reproduction for purposes in excess of "fair use," that user may be
liable for copyright infringement.
This institution reserves the right to refuse to accept a
copying order if, in its judgment, fulfillment of the order would involve
violation of copyright law.
Photocopy Machines
Every photocopy machine on campus must include effective
signage incorporating the following text:
Notice: The copyright law of the United States (Title 17
U.S. Code) governs the making of photocopies or other reproductions of
copyrighted material. The person using this equipment is liable for any
infringement.
How many photocopies of an item may be placed on reserve?
MSLAW College Library reserve services routinely accept
single photocopies of copyright-protected chapters, articles, etc. [see p. 3,
"Single Copies for Scholarly Use or Library Reserve"]. The
photocopies are considered to be the instructor's property. Although copyright
law prohibits libraries from systematic copying to enhance their collections,
an instructor may provide duplicate photocopies (three at most) when a course
is large enough to require more than one of an assigned photocopy. If an
original is not owned by the Library or the instructor, the instructor must
provide written permission or indication of royalty payment for photocopies in
excess of one.
How many photocopied items are permitted on reserve for a
course?
A) How many items from one source? MSLAW Copyright
Policy dictates that we can accept 1 chapter from a book or 1 article from a
journal issue for Course Reserves. Multiple excerpts from a single book or
journal issue will be accepted only if the total length of the submission is
10.0% or less of the total length of the book or journal issue.
B) How many items altogether? There are several relevant
considerations, including the four factors which determine fair use; the
"Guidelines for Multiple Copies for Classroom Use"; and recent
judicial history. Still, the quantitative threshold for exceeding fair use is
problematic. However, current opinion on academic applications of the copyright
law is consistent in regarding course packets derived from copyright-protected
materials as outside the bounds of fair use. Consequently, course packets will
not be accepted for library reserve without indication of the necessary
permission or royalty payment.
Copies on Reserve must be marked: NOTICE: This material
may be protected by copyright law (Title 17 U.S. Code)
Special restrictions apply to music Reserves. See sections
on sound recordings and photocopying music.
Common Questions:
Can a whole book be photocopied when there seems to be no
way to buy another copy?
Yes, so long as a vigorous marketplace search determines
that another copy cannot be bought at a reasonable price, within a reasonable
period. A reasonable investigation will always require recourse to commonly
known trade sources in the United States and, if that fails, an attempt to
obtain the copyright owner's permission.
Are there any concise, authoritative resources that can help
determine when a particular publication might be free of copyright protection?
The United States Copyright Office issues a series of
Copyright Circulars on many aspects of copyright, including duration and
protection of foreign publications.. Many Copyright Circulars are also
available from the World Wide Web.
Unpublished Works
Manuscripts, letters and other unpublished materials are
likely to be protected by copyright regardless of age, even if they lack a
notice of copyright. Consult MSLAW Library Director.
Unpublished works that belong to the Library or College
Archives may be reproduced in facsimile format for preservation purposes or for
deposit for research use in another library or archives. Copies may usually be
made for individual researchers under the law's Fair Use provisions.
Audiovisual Materials
Films and Video
Classroom Use
Possession of a film or video does not confer the right to
show the work. The copyright owner specifies, at the time of purchase or
rental, the circumstances in which a film or video may be
"performed". For example, videocassettes from a video rental outlet
usually bear a label that specifies "Home Use Only". However,
whatever their labeling or licensing, use of these media is permitted in an
educational institution so long as certain conditions are met.
Section 110 (1) of the Copyright Act of 1976 specifies that
the following is permitted:
Performance or display of a work by instructors or
pupils in the course of face-to- face teaching activities of a nonprofit
educational institution, in a classroom or similar place devoted to
instruction, unless, in the case of a motion picture or other audiovisual work,
the performance, or the display of individual images is given by means of a
copy that was not lawfully made...and that the person responsible for the
performance knew or had reason to believe was not lawfully made.
Additional text of the Copyright Act and portions of the
House Report (94-1476) combine to provide the following, more detailed list of
conditions [from Virginia M. Helms, supra]:
1. They must be shown as part of the instructional program.
2. They must be shown by students, instructors, or guest
lecturers.
3. They must be shown either in a classroom or other
school location devoted to instruction such as a studio, workshop, library,
gymnasium,or auditorium if it is used for instruction.
4. They must be shown either in a face-to-face setting or
where students and teacher(s) are in the same building or general area.
5. They must be shown only to students and educators.
6. They must be shown using a legitimate (that is, not illegally
reproduced) copy with the copyright notice included.
Further, the relationship between the film or video and the
course must be explicit. Films or videos, even in a "face-to-face"
classroom setting, may not be used for entertainment or recreation, whatever
the work's intellectual content.
Copying Videotapes / Off-Air Recording of Broadcasts,
Including Satellite TV
Copying videotapes without the copyright owner's permission
is illegal. An exception is made for libraries to replace a work that is lost
or damaged if another copy cannot be obtained at a fair price [Section 108 of
the Copyright Act of 1976].
Licenses may be obtained for copying and off-air recording.
Absent a formal agreement, "Guidelines for Off-the-Air Recording of
Broadcast Programming for Educational Purposes", an official part of the
Copyright Act's legislative history, applies to most off-air recording [from
Virginia M. Helms, supra]:
1. Videotaped recordings may be kept for no more than
45 calendar days after the recording date, at which time the tapes must be
erased.
2. Videotaped recordings may be shown to students only
within the first 10 school days of the 45-day retention period.
3. Off-air recordings must be made only at the request of
an individual instructor for instructional purposes, not by staff in
anticipation of later requests.
4. The recordings are to be shown to students no more
than two times during the 10-day period, and the second time only for necessary
instructional reinforcement.
5. The taped recordings may be viewed after the 10-day
period only by instructors for evaluation purposes, that is, to determine
whether to include the broadcast program in the curriculum in the future.
6. If several instructors request videotaping of the same
program, duplicate copies are permitted to meet the need; all copies are
subject to the same restrictions as the original recording.
7. The off-air recordings may not be physically or
electronically altered or combined with others to form anthologies, but they
need not necessarily be used or shown in their entirety.
8. All copies of off-air recordings must include the
copyright notice on the broadcast program as recorded.
9. These guidelines apply only to nonprofit educational
institutions, which are further expected to establish appropriate control
procedures to maintain the integrity of these guidelines.
Certain public broadcasting services (Public Broadcasting
Service, Public Television Library, Great Plains National Instructional
Television Library, and Agency for Instructional Television) impose similar
restrictions but limit use to only the seven-day period following local
broadcast [Virginia M. Helms, supra].
Network Distribution of Video
MSLAW negotiates for closed-circuit distribution rights, if
possible, when purchasing access to satellite broadcasts or obtaining works on
videotape. Without explicit permission for closed-circuit distribution, network
transmission of a video is not permissible unless "Classroom Use"
structures are met.
Common Questions:
May I purchase or rent a film from the local video store
and use it in my class?
Tapes from a video store are labeled "Home Use
Only", indicating a licensing agreement with the copyright holder.
Nevertheless, use of such tapes is considered "fair use" in a
face-to-face teaching situation. Tapes marked "Home Use Only" may
also be placed on reserve and viewed in the Video Lab if they are used strictly
for instructional purposes and not entertainment.
Is it permissible to make a copy of a rental video in
order to use it again, later?
No. That would infringe on the rights licensed to the rental
agency. (Absent reasonable return for service, rental agencies cannot survive.)
Can an auditorium or other large space be used to show a
video labeled "Home Use Only" to a class?
Yes, so long as the performance is not open to the public
and is for an instructional purpose within the structure of the course. Use for
entertainment is prohibited.
If my department already owns a videotape, and it has
been used in the classroom, can I have it shown on the campus video network?
Not unless explicit permission for closed-circuit
distribution has been obtained.
How does the "face-to-face" instruction
requirement affect the practice of putting video tapes on Reserve and assigning
them to students?
When purchasing video tapes, MSLAW College seeks permission
to allow this type of use. A label affixed to the cassette will specify when
such permission has been granted.
Can a college-owned video be copied for Reserves?
Not unless permission for the copying has been obtained from
the copyright owner.
May a club or other group show a video obtained from a
local video store?
No. However, many film/video libraries and distributors
offer the required "public performance rights" that are included in a
higher rental fee.
What if a student rents a video from a video store and
views it with a few friends in her dormitory living room?
Experts disagree! But since access to dormitories is limited
to acquaintances of students, this would seem to be comparable to "home
use".
I don't have time to preview this video right now, and
it's due to be returned to the vendor. Can Audiovisual Services copy it for me?
No; preview videos may not be copied. But in an emergency
Audiovisual Services can ask the vendor for an extended preview period.
Can a video tape be made of a film that is out of print
and deteriorating rapidly?
Although the film is out of print, permission of the
copyright owner is nonetheless required.
Slides and Photographs
Reproduction
Whenever possible, MSLAW will either purchase slides and
photographs from authorized sources or will borrow from institutions which
offer licensing for single-copy reproduction. In either case, further copying
would be prohibited.
Occasionally, slides of copyrighted images that are needed
for classroom purposes cannot be obtained ready-made in a timely fashion. If
the process of slide-making would fail to meet Fair Use requirements, the
requestor must demonstrate that the copyright owner has granted permission.
Display
Copyright ownership of slides and photographs encompasses
control over display as well as reproduction. However, Section 110 of the
Copyright Act of 1976 addresses the display of copyrighted slides and
photographs in educational settings by allowing "display of a work by
instructors or pupils in the course of face-to-face teaching activities of a
non-profit educational institution, in a classroom or similar place devoted to
instruction" so long as the copy of the artwork was lawfully made.
Furthermore, the purpose of the display must be integral to the course.
Educational Multimedia Fair Use
Key elements of the Educational Multimedia Fair Use
Guidelines are summarized here. The Guidelines specify how much of
copyright-protected sources may be included in multimedia products prepared by
students or faculty members for course-related work. Use of larger portions
requires permission from copyright owners. Creators of multimedia products may
prepare a total of three copies, one of which is for preservation and replacement
purposes only. One of the copies may be placed on Library Reserve. An exception
is allowed for joint projects: each principal creator may retain a copy. Fair
Use status expires two years after the first instructional use of a particular
multimedia product.
How Much
Motion Media
Up to 10% or 3 minutes of a source, whichever is less.
Text
Up to 10% or 1000 words of a source, whichever is less. An
entire poem of less than 250 words, but no more than 3 poems or excerpts by one
poet. No more than 5 poems or excerpts from one anthology.
Music, Lyrics, Music Video
Up to 10% but not more than 30 seconds total from an
individual work.
Illustrations, Photographs
No more than 5 images by one artist or photographer. No more
than 10% or 15 images, whichever is less, from any single published work.
Numerical Data Sets
Up to 10% or 2500 fields or cell entries, whichever is less.
Internet Sources
Though it can be difficult to determine what is copyright
protected and what is in the public domain, the multimedia creator is
responsible for adhering to copyright law.
Opening Screen Notice
"Certain materials are included under the fair use
exemption of U.S. Copyright Law and have been prepared according to the
educational multimedia fair use guidelines and are restricted from further
use." Credit the sources and display the copyright notice and copyright
ownership information if shown in the original source. 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 notice includes the word
"Copyright" or the copyright symbol, the name of the copyright
holder, and the year of first publication.
Integrity of Sources
Any alterations of copyrighted items must be noted.
Computer Software
Software products that are not licensed to MSLAW may also be
used. However, copying is strictly limited except for backup purposes. Whether
the software is transferred from the original to a hard disk or to an archival
diskette, the backup copy is not to be used at all so long as the other copy is
functional.
For a brief overview go to the following site
http://www.loc.gov/teachers/copyrightmystery/
For more information on the laws of copyright it is
suggested you go to the following site:
http://www.copyright.gov/laws/
For a more comprehensive overview go to this site:
http://www.copyright.gov/
WHEN IN DOUBT CONTACT THE NAMED PEOPLE IN THIS POLICY
WITH YOUR QUESTIONS. IGNORANCE IS NOT A DEFENSE!
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STUDENT RESOURCES
