Manchester University Copyright Policy

 

The guidelines attached to this policy are meant to be used as an aid in determining what materials may be legally and ethically used for instructional purposes by the faculty, staff and students of Manchester College.  Please follow the links below for specific information on each of the listed topics.   If you have questions about any of the information contained within this document please contact one of the following:*

  1. The Library for questions pertaining to the use of reserves. 
  2. Audio Visual Services for questions pertaining to the use of films, videos, and related media.
  3. Information Technology Services for questions pertaining to the use of faculty, student, and   class web sites.
  4. Office of Printing Services (OOPS) for questions pertaining to the reproduction of copyrighted materials (photographs, music, cartoons, articles, etc.) in printed matter or for use on a College website

 

  1.   Copyright: Definitions, Rights, and Liabilities
  2.   Permissions
  3.   Fair Use
  4.   Office of Printing Services
      a. Guidelines For Copying for Classroom Use
       b. Coursepacks for classroom use
       c. Guidelines for Printed Music
  5.   Use of Multi Media Guidelines
  6.   Use of Videos in the Classroom
  7.   Web Page Guidelines
  8.   Library Reserve Guidelines
  9.   Distance Education
10.   Copyright Resources

 

*The information contained within this document is not, and should not be construed as legal advice.  If you have questions about the legality of any of the included material, or specific questions concerning the legal use of materials for instructional purposes, please consult your attorney.


Copyright: Definitions, Rights, and Liabilities

 

COPYRIGHT PROTECTION
Copyright protects a wide range of materials and applies to any original work of authorship that is in a tangible form of expression. For example: books, articles, photographs, sound recordings, paintings, software, music, sculpture, architectural works, even scribbles or graffiti.

Original works in any medium are now automatically copyright protected and, since 1989, no notice of copyright is required. Nor does the work need to be registered with the U.S. Copyright Office to be protected.

 

NOT ALL WORKS ARE COPYRIGHT PROTECTED
Copyright does not protect everything. Generally, the following are not protected by copyright law:

  1. Works in the public domain (see public domain below)
  2. Facts, ideas
  3. Works created by the U.S. Government employees (however, state, local, and foreign government works may be protected)
  4. Freeware (not shareware)
  5. Short phrases, names, slogans, or titles (although some of these things may be protected by trademark law)
  6. Procedures, processes, systems, or methods of operation (although some of these things may be protected by patent law).

 

WHAT IS AND WHAT IS NOT IN THE PUBLIC DOMAIN
To determine if a work is in the public domain, consider:

  1. Works published on or before Dec. 31, 1922, are in the public domain.
  2. Works published with proper copyright notice between 1923 and Dec. 31, 1963, and if not renewed (a time when copyrights were either renewed or not) the 28 years of protection would have expired and those works should now be in the public domain. To be safe, check the renewal status of the copyrights at the U.S. Copyright Office (www.copyright.gov).  If the copyrights in the work were renewed, the work is still protected by copyright law.
  3. Works published with proper copyright notice between Jan. 1, 1964 and December 31, 1977 are likely still protected by copyright and have a term of 95 years.
  4. Works created since January 1, 1978, whether published or not, are now protected for the life of the author plus 70 years. If the work is a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.
  5. Works never published, but created on or before Dec. 31, 1977, are protected under copyright law for the longer of either the life of the author plus 70 years or until Dec. 31, 2002. However, if the work was published by December 31, 2002, the copyright protection is extended until at least 2047.

        (17 U.S.C. §§ 302, 303)

 

RIGHTS OF COPYRIGHT OWNERS
The copyright law of the United States gives certain exclusive rights to the owners of copyrights.  Those rights are:
       

  1. To reproduce the copyrighted work in copies or phonorecords;
  1. To prepare derivative works based upon the copyrighted work (also known as the right to make adaptations of the work);

 

  1. To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  1. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;                                                 

 

  1. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
  1. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

 

(17 U.S.C. § 106)

 

EDUCATIONAL USES OF COPYRIGHTED WORKS
The Copyright Act contains several exceptions to the rights of copyright owners that permit educational uses of copyrighted works under certain circumstances.  The most famous of these exceptions is known as the fair use doctrine, which allows the use of copyrighted works in many (but not all) educational contexts without having to first obtain permission from the copyright owner.  If your intended use of copyrighted materials does not fall within fair use or the other exceptions to the rights of copyright owners, then you will need to obtain permission from the copyright owner(s).  These issues are addressed in this Copyright Policy. For more information, go to the Copyright Resources.

 

 

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Obtaining Permission to Use a Copyrighted Work

The general rule is that permission is required in order to exercise any of the exclusive rights of a copyright owner, that is, reproducing, adapting, distributing, publicly performing or publicly displaying copyrighted works.

First, make sure that permission is truly required.  For instance, the work may not be protected by copyright law, because its term of copyrights has expired, or it does not qualify for copyright protection (i.e., it is not an original work of authorship fixed in a tangible medium of expression).  In such instances, permission will not be needed.  However, when in doubt, you should assume that the work is copyrighted.

When the work to be used is protected under copyright law, and your intended use is not within fair use or any of the other exceptions to the rights of copyright owners, the next step is to identify the owner of the copyright and obtain permission for your particular use.  Permission should be obtained before your planned use of the work.  Keep in mind that the permissions process can take time, so it is important to plan ahead.

Permission must be sought from the copyright owner, who may be difficult to identify.  If the work you intend to use has a copyright notice (i.e. the statement accompanied by a “©” or “Copyright” or “Copr.”), the copyright owner is the person or entity listed in the notice. Keep in mind, however, that the copyrights may have been transferred to someone else after the notice was printed.  Still, the copyright notice is usually the best place to start.

If there is no copyright notice, or if the information in the notice is out of date, another place to look for the copyright owner is the U.S. Copyright Office.  The Copyright Office maintains registrations and other documentation of copyrights, many of which can be searched online at www.copyright.gov.

You may also be able to identify the copyright owner by contacting the publisher of the work you intend to use.   Publishers often have permissions personnel whose job it is to assist in this area.

Finally, copyright owners often belong to organizations, such as the Copyright Clearance Center (www.copyright.com) and iCopyright (http://icopyright.com) that handle permissions issues on behalf of their members.

When requesting permission to use a copyrighted work, be sure to provide the copyright owner with the following information:

  1. The title, author, and publisher (if applicable) of the work, as well as a precise description of the part of the work you intend to use.
  2. Your name and title.
  3. The course, research, or purpose for your use of the work.
  4. The nature of your use (i.e., what it is you’ll be doing with the copyrighted work).
  5. The number of copies you would like to make, or, in the case of performances or displays, the number of people who will be viewing the performance or display.
  6. When and for how long the use will occur.

 

Be sure to keep detailed records of the permissions process, including all correspondence to and from the copyright owner and records of any payments made.
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 Fair Use

        Fair use is that part of the copyright law which allows materials to be used for various purposes, such as educational purposes (including multiple copies for classroom use), research, comment, or criticism, without violating the rights and privileges of the copyright owner(s).  Listed below are the traditional factors stated in the Copyright Act which are used to determine whether a use is fair.  After that, several criteria are listed to help determine whether a use may be ruled fair use or not.  Because an analysis of fair use is very fact sensitive, it can be very difficult to determine whether a use of a copyrighted work is a fair use.

A fair use determination is based upon the following factors:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes:
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole: and
  4. the effect of the use upon the potential market for or value of the copyrighted work. 

 

(17 U.S.C. § 107)

How is the character of the use best describedIn which of the following situations is the material to be used?
        Commercial vs. Nonprofit/educational
        Transformative vs. Duplication
        Published vs. Unpublished
       
Generally, nonprofit or educational purposes are favored as fair use over purely commercial purposes; transformative uses (i.e., using the copyrighted work in a new context) are more favored as fair use than pure duplication.  Further, there may be some tendency to give greater protection to unpublished works, making fair use of such works less likely.

This factor tends to be very important in the fair use analysis; in other words, the outcome of this factor tends to influence the outcomes of the other factors.

What is the nature of the work being used?
        Factual, scientific works vs. created, imaginative works

Generally, the more factual or scientific the work is (i.e. academic articles, textbooks, research materials), the more likely that fair use will be found; the more creative the work is (i.e. poems, novels, music), the less likely the use will be fair.  However, this factor tends to be the weakest of the four factors.

How much of the work is being used?
Generally speaking, the less of the work used, the better the chances of a fair use ruling.  However, in some cases even the use of a small amount of the work may be ruled as not being fair use when that small amount is considered to be the “heart” of the work; on the other hand, there are instances in which the use of 100% of the work has been determined to be a fair use.

What is the market (or financial) effect of this use?
This factor examines the economic impact of the use on the copyright owner.  If the use is effectively a market replacement for the copyrighted work, it is less likely to be a fair use.  Similarly, if there is a permissions market that has been firmly established for the use, then that use will be less likely to be considered fair.

While each of the criteria is considered separately, all four are used as a whole in determining fair use. 

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Office of Printing Services

THE PROTECTION OF RIGHTS
Copyright law provides a balance between the rights of the owners to profit from their works and the society to learn and benefit from those works. The Office of Printing Services is committed to providing a learning environment that respects both the property rights and also supports our faculty, students and staff.  We expect all members of the College community to comply with copyright laws and to observe the fair use guidelines. Campus facilities may not be used to further any illegal use of copyrighted materials.

PLEASE NOTE THAT THE FOLLOWING GUIDELINES ADDRESS COPYING FOR RESEARCH AND CLASSROOM USE; THEY DO NOT ADDRESS COPYING BY LIBRARIES OR OTHER USES OF COPYRIGHTED WORKS BY LIBRARIES THAT MAY BE PERMITTED UNDER THE COPYRIGHT ACT.

GUIDELINES FOR COPYING FOR RESEARCH PURPOSES AND CLASSROOM USE
The fair use doctrine was intended in part to further the use of copyrighted materials for the purpose of advancing education and research.  Moreover, the fair use provision of the Copyright Act expressly contemplates that the making of multiple copies for classroom use is a fair use.

Nonetheless, in light of the uncertainties concerning whether particular uses of copyrighted works are fair uses, the Office of Printing Services has developed the following guidelines for making copies of works for research or classroom purposes, including the creation of coursepacks at the college (please note that these guidelines do not apply to the use of third party copying companies to create coursepacks for you; such companies may be required to obtain permission from the copyright owner(s)).  These guidelines do not apply to works in the public domain or works that are unprotected by copyright law; those works may generally be freely copied.

Generally, a SINGLE copy (for research purposes), or MULTIPLE COPIES (for classroom use) may be made of any of the following:

  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 taken from a collective work);
  4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper;

 

so long as such copying is done under the following circumstances:

  1. If the original work has a copyright notice, each copy must include that notice.
  2. Only one copy is given to each student.
  3. Students are charged for the exact cost of the copying, if at all.
  4. Copies should not create or replace anthologies or collective works.
  5. Copies should never be made to avoid the purchase of materials.

 

The use of the same materials from year to year should be avoided without permission from the copyright holder.  Spontaneity, or lack of adequate time to acquire permission, is one of the factors looked at by the courts in determining fair use cases.  Repeated use semester after semester would probably be viewed unfavorably in terms of fair use by the courts.  Also, avoid the use of the same item for separate courses, as well as repeated copying from the same source or author.

 

GUIDELINES FOR PRINTED MUSIC (see The Guidelines for Educational Uses of Music for more detail)

The College has adopted the following as guidelines for copying printed music:

  1. Emergency copies may be made to replace purchased copies that are not available for an imminent performance, provided that purchased copies are obtained in due course.
  2. Multiple copies of excerpts of works may be made, so long as the excerpt does not constitute a performable unit, and in no case more than 10% of the work.
  3. A single copy of a performance unit of a work may be made if: a) the work is out of print and b) the copy is made for the purpose of research and not performance.
  4. Purchased printed copies may be modified or edited, so long as the fundamental character of the work is not distorted.
  5. A copy of a recording of a student performance can be made and maintained, such as in the student’s portfolio.
  6. One copy of sound recordings for classroom or reserve room use is permitted.

Any such copying must be made under the following conditions:

  1. If the original work has a copyright notice, each copy must include that notice.
  2. Only one copy is given to each student.
  3. Students are charged for the exact cost of the copying, if at all.
  4. Copies should not create or replace anthologies or collective works.
  5. Copies should not be made to avoid the purchase of materials.

 

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Multimedia Guidelines

The following guidelines are adapted from a committee report comprised of educational and industry representatives.  While these guidelines are not law, the report was adopted by the Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, U.S. House of Representatives, on September 27, 1996. As such, it is a part of the Congressional Record.  As with the Classroom Copying Guidelines above, if your specific needs exceed the guidelines listed below, your use of multimedia materials may still be made without permission if the use falls within fair use.

Teachers and students may create and incorporate original material along with copyrighted material in the production of multimedia programs. These programs may be used for educational purposes for systematic learning activities.  These learning activities may include face to face teaching activities and assigned self study activities in courses at nonprofit educational institutions. 

Additionally, teachers may use such programs while giving presentations at conferences and workshops.  Teachers may also use the programs as part of their professional portfolios.  Please note that 2 years after the first instructional use, permission from the copyright holder of material used needs to be acquired before further use of copyrighted material, even for educational use.

Students may use and present the program in the course for which it was created. The program may also be placed into the student’s portfolio.

The following is a guide for the amount of copyrighted material that may be used in multimedia programs for educational purposes.

Motion Media
No more than 10% or three minutes, whichever is less.

Text
No more than 10% or 1,000 words, whichever is less.

Music, Lyrics and Music Video
No more than 10% or 30 seconds, whichever is less of an individual work.

Illustrations and Photographs
No more that five images by an artist or photographer.  When using works from a collective work no more that 10% or 15 images may be used, whichever is less.

Copying and Distribution Limitations
No more than two copies (not including the original).  Only one copy may be placed on reserve. 

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The Use of Videos in the Classroom

Commercially produced videos may be used in the classroom without a public performance license under the following conditions.

  1. The video has been lawfully made and acquired and includes the copyright notice.  (Homemade copies of a “friend’s” tape are not considered lawful in this situation).

 

  1. The showing is a regular part of the instructional activities with a clear relationship to the course and not used for entertainment or to fill time.
  1. The video is shown by the class instructor, guest lecturer, or student in the class.

 

  1. The video is shown in a location devoted to instruction.
  1. The video is shown to the class face to face.

 

Uses by groups other than classes should refer to the Source for guidelines.  In general, all other uses of a video would require a public performance license. 

Television shows may be copied off air for use in a class using the following guidelines.

  1. The show must be available on a channel available for pickup from a local station which may be received with an antenna.  It is not permissible to copy shows available on channels available only via a cable service such as HBO.

 

  1. The program must be shown to the class within 10 days of broadcast.
  1. The program may be kept for another 35 days for evaluation by the instructor.

 

  1. The program may not be altered, although the entire program need not be used.
  1. The copyright notice must be recorded along with the rest of the program.

 

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Guidelines for Web Page Use

The general guidelines for placing materials on websites are the same as for other types of uses of copyrighted works.  Thus if you intend to place copyrighted materials on your website, you should obtain permission from the copyright owner unless such use would constitute fair use.  If your use will be made in connection with instruction, see the distance education portion of this policy.

The College recommends the following with respect to web page use:

Do not use any music, video, other audio visual materials, or images (pictures) produced by someone else on your web page without specific permission.

You may link from your page to the home page of another website.  If your link is made using frames or in-line links, you should make it clear to the user that they are at a new site.

Do not use logos and trademarks on your site without permission.  The use of these symbols is regulated by trademark law.

You may download a single copy of copyrighted material from another website for personal use.  (Remember that the act of saving a work in your file space is considered making a copy, whether or not it is printed onto paper.)

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Library Policy Regarding Reserves and Copyright

The Library’s reserve policy is grounded on the Copyright Law of the United States and the American Library Association Model Policy Concerning College and University Photocopying for Classroom Research and Library Reserve Use.   Materials placed on reserve must meet the requirements of copyright law.  Professors are responsible for obtaining necessary permissions from copyright holders for photocopying.  A copy of the permission will be attached to the photocopy folder.

Photocopied (or otherwise duplicated) material generally considered appropriate for course reserves include:
1.  Instructor-owned materials.

  1. Public domain materials, such as government publications and works whose copyright has expired. 
  2. Material that can meet the “fair use” guidelines as set forth in the Copyright Law and this document.
  3. Material that has been granted copyright permission.

 

Photocopied (or otherwise duplicated) material not acceptable for library reserves include:

  1. Consumable works such as standardized tests, workbooks, and exercises unless they have been granted copyright permission.
  2. Student papers unless students have given written permission for their use.
  3. Photocopies that have been on reserve in previous terms, unless copyright permission has been granted.

 

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Distance Education

Much of the Technology, Education and Copyright Harmonization (TEACH) Act, passed into law in November, 2002, was designed to correct deficiencies with copyright law as it pertains to performances and displays of works made in the course of distance education.  Faculty use of Blackboard and other web-based teaching methods are addressed under the new law. 

You may make performances or displays of copyrighted works through electronic transmissions without having to obtain permission from the copyright owner if all of the following apply:

  1. The work was not produced or marketed by the copyright owner primarily for the purpose of use in distance education;
  2. The performance or display of the work is done from copy of the work that was legally obtained;
  3. The work is a non-dramatic literary or musical work (if it is another type of work, only reasonable or limited portions may be used);
  4. The performance or display is made by, or under the supervision of, an instructor;
  5. The performance or display is made as an integral part of a class session;
  6. The performance or display is directly related and of material assistance to the content being taught;
  7. The transmission is made solely for the institution and enrolled students in the course (and technology is employed to the extent it is feasible to ensure that access is restricted to these recipients);
  8. Technology is used to reasonably prevent the work from being retained in accessible form by recipients after the class session is over or from being further disseminated to others; and
  9. Digital security measures (such as access or printing restrictions, watermarks, or other digital signatures) may not be removed.

 

(17 U.S.C. § 110)

There is an excellent discussion of the implications of this new act available from Kenneth Crews, Professor of Law and head of the Copyright Management Center at IUPUI, available at http://www.ala.org/washoff/teach.html.

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Copyright Resources

United States Copyright Office
www.copyright.gov

Indiana University-Purdue University Indianapolis
Copyright Management Center
www.copyright.iupui.edu/

University of Texas
Crash Course in Copyright
www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm

Roanoke College
Copyright Policy
www.roanoke.edu/copyright/

Coalition for Networked Information
Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve
www.cni.org/docs/infopols/ALA.html#mpup

University of North Carolina
When Works Pass Into the Public Domain
www.unc.edu/~unclng/public-d.htm

Copyright Clearance Center
http://www.Copyright.com

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