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CHAPTER SIX: 6580

OTHER GENERAL INSTITUTIONAL POLICIES

July 2000


6580

REPRODUCTION OF COPYRIGHTED MATERIAL

PREAMBLE: This section outlines federal copyright law as it concerns academic use of books and articles, music, audiovisual materials, and computer software, as that use pertains to the classroom, to research, or for library reserve. "Fair use" of copyrighted materials is defined and the process by which one can get permission to use copyrighted material beyond fair use is outlined. Unless otherwise noted, the text is as of July 1996. For further information, contact Educational Technologies and Services Division (208-885-7755). [ed. 7-00]

CONTENTS:

A. Introduction

B. General

C. Penalties for Copyright Infringement

D. Protected Works

E. Nonprotected Works

F. Unrestricted Photocopying

G. Fair Use

H. Classroom Copying in Not-For Profit Educational Institutions

I. Educational Uses of Audiovisual Works

J. Educational Uses of Computer Software

K. Library Reserve Uses, Single and Multiple Copies

L. Appendix - Sample Letters for Obtaining Permission

A. INTRODUCTION.

It is the policy of the University of Idaho that the provisions of the law regarding copyright protection will be honored. Every administrator, faculty member, and staff member who may be involved in the reproduction of copyrighted works has a responsibility to recognize and honor the rights of the copyright owner. Employees must ensure that the reproduction is allowed by copyright law, fair use guidelines, the permission of the copyright owner, or a license agreement. This policy applies to all forms of reproduction, to all reproduction sources (any UI central or departmental facility, self-service machine, or commercial unit), and to administrative, educational and research uses. The policy also applies whether the copies are to be sold, distributed free or distributed with the expectation of return of copies. In addition each copy is to include a copyright notice. However, crediting the originator of the work does not remove the obligation to secure permission or apply fair use guidelines. The policy in this section is based on the existing federal law at the time the policy was implemented; if the federal law is changed, the affected section of this policy will be changed to correspond to it. Employees who willfully disregard the copyright law are in violation of UI policy; they do so at their own risk and assume all liability.

B. GENERAL.

    B-1. Copyright is a form of protection provided by the laws of the United States (title 17, section 106, U.S. Code) to authors of original works and applies to both published and unpublished works. The copyright law grants owners of copyright (authors and other creators and publishers) the sole right to do or allow others to do each of the following acts with regard to their copyrighted work: to reproduce all or part of the work; to distribute copies; to prepare new (derivative) versions based on the original work; and to perform or display the work publicly. 17 U.S.C. 106.

    B-2. Copyright protection is available for "original works of authorship fixed in a tangible medium of expression." 17 U.S.C. 102(a). Generally, U.S. copyright protection for works created on or after January 1, 1978, begins automatically at creation and lasts until 50 years after the author's death. 17 U.S.C. 302(a). Registration with the Copyright Office is not a condition of copyright protection by U.S. Copyright Law 17 U.S.C. 408(a), nor is it necessary for the "c" (the letter c in a circle) or any other indicator of copyright to appear on the work created since March 1, 1989. 17 U.S.C. 401.

    B-3. In the case of an anonymous work, a pseudonymous work or when the creator of a work is an employee or in certain cases where the work has been specially commissioned as an instructional text, as a test, as answer material for a test, or for other purposes, copyright protection lasts for 75 years from the date of first publication or 100 years from its date of creation, whichever date expires first. 17 U.S.C. 301(c).

    B-4. Works created prior to January 1, 1978, are also subject to copyright protection although the duration of copyright may vary from the terms described above. See, 17 U.S.C. 303.

    B-5. The fact that a previously published work is out of print does not affect its copyright. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

C. PENALTIES FOR COPYRIGHT INFRINGEMENT. The liability for willful infringement rests upon the person making or requesting the copy. Illegal copying shall not be directed by higher authority. No legal assistance to an infringing employee will be provided by UI for alleged copyright infringements not covered within the permissive uses of the policy. UI personnel with questions regarding infringement may consult UI's legal counsel. Civil and criminal penalties may be imposed for copyright infringement. Civil remedies include an award of monetary damages (including substantial statutory damages, which in cases of willfulness after March 1, 1989, may total up to $100,000 per work infringed, or actual damages, including the infringer's profits), an award of attorney's fees, injunctive relief against future infringement, and the impounding and destruction of infringing copies and the plates or other articles used in making such copies. 17 U.S.C. 502, 503, and 504.

D. PROTECTED WORKS. Copyright protects works that are fixed in any tangible form of expression. Copyrightable works include the following categories. These categories should be viewed quite broadly: for example, computer programs and most "compilations" are registrable as "literary works"; maps and architectural plans are registrable as "pictorial, graphic, and sculptural works."

    D-1. Literary works. 17 U.S.C. 102 (1).

    D-2. Musical works, including any accompanying words. 17 U.S.C. 102 (2).

    D-3. Dramatic works, including any accompanying music. 17 U.S.C. 102 (3).

    D-4. Pantomimes and choreographic works. 17 U.S.C. 102 (4).

    D-5. Pictorial, graphic, and sculptural works. 17 U.S.C. 102 (5).

    D-6. Motion pictures and other audiovisual works. 17 U.S.C. 102 (6).

    D-7. Sound recordings. 17 U.S.C. 102 (7).

E. NONPROTECTED WORKS. Several categories of material are generally not eligible for statutory copyright protection. These include among others:

    E-1. Works that have not been fixed in a tangible form of expression; for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded.

    E-2. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. 37 C.F.R. 202.1 (a).

    E-3. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.

    E-4. Works consisting entirely of information that is common property and containing no original authorship; for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources. 37 C.F.R. 202.1 (d).

F. UNRESTRICTED PHOTOCOPYING.

    F-1. Uncopyrighted Published Works. Writings published before January 1, 1978, which have never been copyrighted may be photocopied without restriction. Copies of works from that period protected by copyright must bear a copyright notice, which consists of the letter "c" in a circle, or the word "Copyright," or the abbreviation "Copr.," plus the year of first publication, plus the name of the copyright owner. 17 U.S.C. 401. As to works published before January 1, 1978, in the case of a book, the notice must be placed on the title page or the reverse side of the title page. In the case of a periodical the notice must be placed either on the title page, the first page of text, or in the masthead. A pre-1978 failure to comply with the notice requirements resulted in the work being injected into the public domain, i.e., unprotected. Copyright notice requirements have been relaxed since 1978, so that the absence of notice on copies of a work published after January 1, 1978, does not necessarily mean the work is in the public domain. 17 U.S.. 405 (a) and (c). However, an individual will not be liable for damages for copyright infringement of works published after that date (but before 3/1/89) if, after normal inspection, the individual photocopies a work on which a copyright symbol cannot be located and for which actual notice of the fact the work is copyrighted has not been received. However, a copyright owner who found out about such photocopying would have the right to prevent further distribution of the copies if in fact the work were copyrighted and the copies are infringing. 17 U.S.C. 405 (a). Registration with the Copyright Office is no longer required for a work to be protected by U.S. Copyright Law, nor is it necessary for the "c" (the letter c in a circle), or any other indication of copyright to appear on the work created since March 1, 1989.

    F-2. Published Works with Expired Copyrights. Writings with expired copyrights may be photocopied without restriction. All copyrights prior to 1906 have expired. 17 U.S.C. 304 (b). Copyrights granted after 1906 may have been renewed; however, the writing will probably not contain notice of the renewal. Therefore, it should be assumed all writings dated 1906 or later are covered by a valid copyright, unless information to the contrary is obtained from the owner or the U. S. Copyright Office.

    F-3. Unpublished Works. Unpublished works, such as theses and dissertations, may be protected by copyright. If such a work was created before January 1, 1978, and has not been copyrighted or published without copyright notice, the work is protected under the new act for the life of the author plus fifty years, but in no case earlier than December 31, 2002. If such a work is published on or before that date, the copyright will not expire before December 31, 2027. Works created after January 1, 1978, and not published enjoy copyright protection for the life of the author plus fifty years. 17 U.S.C. 302.

    F-4. U.S. Government Publications. All U.S. Government publications with the possible exception of some National Technical Information Service Publications less than five years old may be photocopied without restrictions, except to the extent they contain copyrighted materials from other sources. 17 U.S.C. 105. Works prepared by outside authors on contract to the government may or may not be protected by copyright, depending on the specifics of the contract. In the absence of copyright notice on such works, it would be reasonable to assume they are government works in the public domain. It should be noted that state government works may be protected by copyright. 17 U.S.C. 105. However, the opinions of state courts are not protected.

G. FAIR USE. The doctrine of "fair use" (section 107 of the law) allows for the use of a copyrighted work without the permission of the owners. Four criteria must be met before the use of copyrighted material meets the fair use standards. These are:

    G-1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. 17 U.S.C. 107 (1).

    G-2. The nature of the copyrighted work. 17 U.S.C. 107 (2).

    G-3. The amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole. 17 U.S.C. 107 (3).

    G-4. The effect of the use in question upon the potential market for or value of the copyrighted work. 17 U.S.C. 107 (4). No one factor is determinative of a person's right to use a copyrighted work without permission. These criteria are not necessarily all a court might consider. The distinction between "fair use" and infringement may be unclear and not easily defined. Educational use alone is not sufficient to make a use in question a fair one.

H. CLASSROOM COPYING IN NOT-FOR-PROFIT EDUCATIONAL INSTITUTIONS.

    H-1. Guidelines for Fair Use, Classroom Copying. (Although they are not part of the law a. through f. were included by Congress in its committee report [H.R. Rep. No. 94-1476] and have been cited with authority by the United States Court of Appeals.)

      a. Single Copies for Teaching and Research. A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

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

      b. Multiple Copies for Classroom Use. Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that

        (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.

      c. Definitions.

        (1) Brevity.

          (a) Poetry. A complete poem if less than 250 words and if printed on not more than two pages or, from a longer poem, an excerpt of not more than 250 words [the numerical limits may be expanded to permit the completion of an unfinished line of a poem].

          (b) Prose. Either a complete article, story, or essay of less than 2,500 words, or an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is less, but in any event a minimum of 500 words [the numerical limits may be expanded to permit the completion of an unfinished prose paragraph].

          (c) Illustration. One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

          (d) "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 b, Prose, 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 percent of the words found in the text therefore, may be reproduced.

        (2) Spontaneity.

          (a) The copying is at the instance and inspiration of the individual teacher, and

          (b) 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.

        (3) Cumulative Effect.

          (a) The copying of the material is for only one course in the school in which the copies are made.

          (b) Not more than one short poem, article, story, essay, or two excerpts may be copied form the same author, nor more than three from the same collective work or periodical volume during one class term [the limitations shall not apply to current news periodicals and newspapers and current news sections of other periodicals].

          (c) There shall not be more than nine instances of such multiple copying for one course during one class term [the limitations shall not apply to current news periodicals and newspapers and current news sections of other periodicals].

      d. Prohibitions (Uses of Photocopied Material Requiring Permission). 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, whether or not copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.

        (2) There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

        (3) Copying shall not (a) substitute for the purchase of books, publisher's reprints, or periodicals, (b) be directed by higher authority, (c) be repeated with respect to the same item by the same teacher from term to term without permission.

        (4) No charge shall be made to the student beyond the actual cost of the photocopying.

      e. Educational Uses of Music. The following constitute permissible uses (H.R. Rep. No. 94-1476):

        (1) Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copies shall be substituted in due course.

        (2) For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a performable unit such as a section, movement, or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.

        (3) Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, of any, altered or lyrics added if none exist.

        (4) A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.

        (5) A single copy of a sound recording (such as a tape, disc, or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.)

      f. Prohibitions for Educational Uses of Music. The following uses are prohibited:

        (1) Copying to create or replace or substitute for anthologies, compilations, or collective works.

        (2) Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets, and like material.

        (3) Copying for the purpose of performance, except as in e.(1) above.

        (4) Copying for the purpose of substituting for the purchase of music, except as in e.(1) and e.(2) above.

        (5) Copying without inclusion of the copyright notice which appears on the printed copy.

    H-2. HOW TO OBTAIN COPYRIGHT PERMISSION, PRINT MATERIALS. Whether from within the department, using the campus copy centers or off-campus centers, obtaining necessary copyright permission is the responsibility of the instructor/researcher. The requesting instructor must have documentation that permission has been obtained from the publisher. A copy of the documentation of permission shall remain on file in the department of the instructor requesting permission and using the materials.

      a. The American Association of Publishers suggests that, in order to expedite the permission process, the following information be included in a letter requesting permission: *Title, author and/or editor, and edition of materials to be duplicated. *Exact materials to be used, giving amount, page numbers, chapters, and if possible a photocopy of the material.*Number of copies to be made. *Use to be made of duplicated materials. *Form of distribution (classroom, newsletter, etc.). *Whether or not the material is to be sold. *Type of reprint (ditto, photocopy, photography, offset, typeset). If the instructor intends to use the materials for more than one semester, the number of semesters may be noted in the request letter; alternatively, the instructor may request permission separately for each semester of intended use. The title of the book, journal or periodical, author's name, date of publication, and if possible the name and address of the publisher of the materials must appear on the first page of each copy

      b. If the address of the publisher does not appear with the material, it may be obtained in such publications as the National Association of College Stores' Book Buyer's Manual, the American Bookseller's Association's Publisher's Directory, Books in Print, The Literary Marketplace (for books), The International Literary Marketplace (for international listings), or Ulrich's International Periodicals (for journals), published by R.R. Bowker Co., and available in many libraries.

      c. Request permission to duplicate (see Appendix Letter 1 for requesting permission through the UI Copy Center, and Letter 2 for individual instructor use when through departmental or off-campus facilities, or self-service facility). A self-addressed return envelope or fax numbers should be included.

      d. Allow adequate lead time to obtain permission. Obtaining permission can take six to eight weeks.

      e. Fees may be assessed by publishers. Each individual publisher sets its own permission and pricing policies. Different fees are charged by different publishers depending on the nature of the work and the type of use which the requester intends to make of the work. The publisher's copyright permissions department can provide the necessary information. It is not inappropriate to pass on the fee to persons receiving copies.

      f. The Copyright Clearance Center (CCC) is a not-for-profit agency with the right to operate a centralized photocopy permissions and payments system for certain publications. Many scientific, technical and medical journals as well as other scholarly and trade journals, books, magazines and newsletters are registered with the CCC. UI is a member of the Copyright Clearance Center. Inquiry regarding whether a particular journal is registered with CCC may be directed to the UI Copy Center. A log sheet is kept at the Media Center Annex Copy Center for recording copyright fees; payment is issued to the CCC accordingly, for those materials copied at the Center, or for those copied in a department with fees rendered to the Copy Center.

I. EDUCATIONAL USES OF AUDIOVISUAL WORKS.

    I-1. Definitions. 17 U.S.C. 110.

      a. To "display" a work means, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

      b. To "perform" a work means, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.

    I-2. Permissible Uses. In-classroom performance of copyrighted material is permissible under the following conditions [17 U.S.C. 110 (1) and (4)]:

      a. The performance must be by instructors (including guest lecturers) or by pupils; and

      b. The performance is in connection with face-to-face teaching activities; and

      c. The entire audience is involved in the teaching activity; and

      d. The entire audience is in the same room or same general area; and

      e. The teaching activities are conducted by a nonprofit education institution; and

      f. The performance takes place in a classroom or similar place devoted to instruction, such as a school library, gym, auditorium, or workshop; and

      g. The videotape is lawfully made; the person responsible had no reason to believe that the videotape was unlawfully made.

    I-3. Prohibited Uses. Displays and performances of audiovisual works are prohibited in nonprofit educational institutions when:

      a. They are used for entertainment, recreation, or even for their cultural or intellectual value but are unrelated to teaching activity.

      b. They are transmitted by radio or television (either closed or open circuit) from an outside location.

      c. They are shown in an auditorium or stadium before an audience not confined to students, such as a sporting event, graduation ceremony, or community lecture or arts series.

      d. They involve an illegally acquired or duplicated copy of the work.

    I-4. Guidelines for Taping Broadcast Programming (10-Day Fair Use). Note: These guidelines are for nonprofit educational institutions and apply to all commercial television broadcasts and Public Broadcasting Service (PBS) programs not included under 7-Day School Rerecord Rights. HR 97-495, pp. 8-9. Ratified in 1981 by the House Subcommittee on the Courts, Civil Liberties, and the Administration of Justice, these guidelines are considered a retroactive part of the legislative history of the 1976 Copyrights Act. Although they do not have the force of law, they can be expected to serve as primary criteria when courts access fair use in any future cases involving off-air videotaping for educational purposes.

      a. Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tapes must be erased.

      b. Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.

      c. Off-air recordings must be made only at the request of an individual teacher for instructional purposes, not by school staff in anticipation of later requests by teachers.

      d. 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.

      e. The taped recordings may be viewed after the 10-day period only by teachers for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.

      f. If several teachers request videotaping of the same program, duplicate copies are permitted to supply their request; all copies are subject to the same restrictions as the original recording.

      g. 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.

      h. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

    I-5. Guidelines for Taping Public Broadcasting Service Programming. Note: These guidelines apply to some PBS programs included under 7-Day School Rerecord Rights.

      a. Programs may be recorded without a prior request from a teacher and may be recorded and exhibited each time a program is broadcast.

      b. Only a single copy of the program can be recorded by an educational institution and that copy cannot be duplicated.

      c. The program can be retained for a total of 7 consecutive days following its broadcast, each time it is broadcast, but must be erased at the end of the 7-day period.

      d. Teachers may exhibit the program as often as needed during the 7-day period.

      e. Programs may be transmitted on closed circuit systems, closed cable systems, or Instructional Television Fixed Service (ITFS) systems within the 7-day exhibition period. However, open cable origination of the program can only be initiated by the public television station.

    I-6. How To Obtain Permission, Audio Visual Works (videotapes, slides, films, transparencies, movies, radio and TV Programming, off-air recording). [ed. 7-00]

      a. Procedure. The Division of Instructional Media Services and the UI Library act as a resource for assisting instructors in how to obtain permission for audio-visual materials. A Copyright Hotline - Association for Information Media and Equipment, P.O. Box 865, Elkader, IA 52043, (800) 444-4203 is also available to answer questions about copyright laws and obtaining permission.

      b. Record keeping. Documentation of permission for copying any audio-visual materials should be filed in the department using the materials.

J. EDUCATIONAL USES OF COMPUTER SOFTWARE.

    J-1. Definition - a computer program is a set of statements and instructions to be used directly or indirectly in a computer in order to bring about a certain result, as defined by the Copyright Act amended December 12, 1980. 17 U.S.C. 101 as amended by PL 96-517.

    J-2. Permissible uses. The following constitute permissible educational uses:

      a. Emergency copying to replace purchased copies which for any reason are not available for an imminent classroom demonstration or exercise, provided that purchased replacement copies shall be substituted in due course.

      b. For academic purposes other than demonstrations, single or multiple copies of excerpts of works may be made, provided that the excerpts do not comprise a part of the whole which would constitute a complete program or support library, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil.

      c. Copies of source code which has been purchased may be edited or simplified provided that the fundamental character of the work is not distorted and that copyright notices are not removed or otherwise altered and that appropriate notices documenting the alterations are included in the source code and displayed upon program execution.

      d. It is not an infringement for the owner of a computer program to make or authorize the making of another copy or adaptation of a computer program provided:

        (1) the new copy is made as an essential step in the utilization of the software in conjunction with the machine, or

        (2) a new copy or adaptation is made for archival purposes (not for use on any other machine) and will be destroyed when the original software is no longer in use. Any additional copying other than that specified in law, of copyrighted software diskettes is strictly forbidden. The printed documentation accompanying the diskette or tape is protected like other copyrighted material. 17 U.S.C. 117 as amended by PL 96-517.

    J-3. Library, Laboratory, and Network Use.

      a. Immediately upon receipt of software from the distributor, the library/laboratory should make a copy of the program. The original should be permanently filed in a restricted location separate from the library or laboratory. The copy should be labeled clearly with a warning against unauthorized copying.

      b. Students should be prohibited from passing software diskettes from station to station or machine to machine, also from bringing in illegal copies of computer programs or other copyrighted materials.

      c. When copyrighted software is on a disk sharing system, efforts will be made to ensure that only licensed copies are executed and to secure this software from copying.

    J-4. Prohibitions for Educational Uses of Computer Software.

      a. Copying to create or replace or substitute for source code libraries, object code libraries, collective works, or commercially available computer applications unrelated to classroom use.

      b. Copying of or from works intended to be "consumable" in the course of study or for teaching such as workbooks, exercises, standardized tests and answer sheets, and like material.

      c. Copying for the purpose of execution, except as in J-2 above.

      d. Copying for the purpose of substituting for the purchase of computer software, except as in J-2 above.

      e. Copying without inclusion of the copyright notice which appears on the printed copy and all compilations (source and object code) of the computer software.

      f. Illegal copies of copyrighted programs may not be made or used on university equipment.

    J-5. Permission for copying or multiple use. Most computer software is licensed (a method of protecting copyrighted material). A person acquiring a program may be a licensee rather than an owner. Licensing terms vary greatly between software producers and sometimes between programs produced by the same producer. Many explicitly prohibit rental or lending; some limit the program to use on one identified computer or to one user's personal use. It is advised that licensing specifications be checked thoroughly before any copying or lending is permitted. The terms of the license determine what copies may be made, not copyright law. Software may also be patented; laws governing patents differ from copyright law. Documentation of lending or copying, as well as record of any permission obtained (as distinct from the conditions specified in the licensing agreement), should be kept on file in the department or other unit using the software.

K. LIBRARY RESERVE USES, SINGLE AND MULTIPLE COPIES.

    K-1. At the request of a faculty member, a library may photocopy and place on reserve excerpts from copyrighted works in accordance with a reasonable interpretation of the guidelines for fair use. These guidelines apply to the library reserve shelf to the extent it functions as an extension of classroom readings or reflects an individual student's right to photocopy for his or her personal scholastic use. If the request calls for only one copy to be placed in reserve, a library may photocopy an entire article or an entire chapter from a book or an entire poem.

    K-2. Requests for multiple copies on reserve should meet the following guidelines:

      a. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level, 17 U.S.C. 107 (1) and (3).

      b. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments and the number of other courses that may assign the same material, 17 U.S.C. 107 (1) and (3).

      c. The material should contain a notice of copyright, See 17 U.S.C. 401.

      d. The effect of photocopying the material should not be detrimental to the market for the work. (In general, the library should own at least one copy of the work.) 17 U.S.C. 107 (4).

    K-3. In addition, a faculty member may also request that multiple copies of photocopied, copyrighted material be placed on the reserve shelf if there is insufficient time to obtain permission from the copyright owner. If in doubt as to whether a particular instance of photocopying is fair use in the reserve reading room, the publisher's permission should be obtained.

    K-4. The Copyright Clearance Center also has the right to grant permission and collect fees for photocopying rights for certain publications. Libraries may copy from any journal which is registered with the CCC and report the copying beyond fair use to CCC and pay the set fee. The CCC catalog in the UI Library may be consulted in the office of the Head of Access Services; it is updated three times per year.

L. APPENDIX.


Letter 1: For Requesting Permission for Copying Through UI Copier Services

Month, day, year

To: Permission Department
Book Publisher Name
Street Address
City, State, Zip

From: University of Idaho
Campus Copier Services
Attn: (Instructor Name)
Media Center Annex Copy Center
Moscow, ID 83843

Attn: Copyright permissions department

I am requesting permission to duplicate for the [199_] [20__], Fall [] Spring [] semester the following:

    Title:
    Copyright:
    Author:
    Material to be Duplicated: (list chapters or pages)
    Estimated Number of Copies:

    Distribution: This material will be distributed through the University of Idaho Copier Services. Only students in the class will be able to purchase a copy and will pay only the cost of the photocopying, and royalties if assessed.

    Type of reprint:

    May we copy this same material for the [199_] [20__], Fall [] Spring [] semester? Yes[] No[]

    Use: Supplemental teaching material

    Class:_____________________

I have enclosed a self-addressed envelope and fax number for your convenience in replying to this request. Thank you.

Sincerely,

(instructor name)Telephone:
Campus Copier Services, UIFax: (208) 885-5555

Permission Granted______________________________________________

Signature

Date

Conditions:


Letter 2: For Requesting Permission For Copying Through Department

Month day, year

Permissions Department
Book Publisher Name
Street Address
City, State, Zip

Dear Sir or Madam:

I would like permission to copy the materials described below for Fall[] Spring[] semester, (your own years):

    Title:
    Copyright:
    Author:

    Material to be Duplicated: (list chapters or pages)

    Number of Copies: approximate (#) per semester, for a total of no more than ( ).

    Distribution: The material will be distributed to students enrolled in my classes and they will pay only the cost of photocopying, plus royalties if assessed.

    Type of reprint: Photocopy

    Use: Supplementary teaching materials

    Class: ________________________________________

I have enclosed a self-addressed envelope and fax number for your convenience in replying to this request.

Sincerely,

Faculty Member Name
Department
University of IdahoTelephone:
Moscow, ID 83843Fax:

Permission Granted______________________________________________

Signature

Date

Conditions:

 

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University of Idaho, Moscow, ID, 83844