SECTION
1900 - MISCELLANEOUS
1920 INTERIM POLICY AND
PROCEDURES ON
REPRODUCING
COPYRIGHTED MATERIAL
INTERIM
POLICY
The illegal reproduction and use of copyrighted material
without the written permission of the owner of the copyrighted work is strictly
prohibited at Georgia Perimeter College.
In compliance with the Copyright
Remedy Clarification Act of 1990 and University System policy, any Georgia
Perimeter College employee, acting in his or her official capacity, shall not
be immune, under the Eleventh Amendment of the Constitution, or any
other doctrine of sovereign immunity, from a suit for copyright infringement.
In appropriate circumstances, the reproduction of
copyrighted material is legally permitted if the copying meets the test of
brevity, spontaneity, and cumulative effect as defined generally in the Guidelines
for Classroom Copying in Not-For-Profit Educational Institutions (see Appendix A) and under
the Fair Use Doctrine, so long as each copy includes a notice of copyright. These tests are determined on a case-by-case
basis that generally follow the Guidelines. No reproduction of copyrighted material shall be permitted
without written permission from the owner or the reproduction falls clearly
within the Guidelines or the parameters of Fair Use.
Georgia Perimeter College employees are advised to
consult College Counsel if there is any question as to whether or how
copyrighted material may be reproduced.
INTERIM
PROCEDURES
In offices where photocopying or other duplicating
machinery is located and where access to such machinery is limited to employees
of that office or department, the supervisor will be responsible for ensuring
that copies of this policy and procedure are made available to all employees.
When access to photocopying or other duplicating
machinery is not limited to employees of a particular department or division,
there shall be placed in a prominent position, on or about the machinery, a
“Notice of Copyright Laws” (Form A).
Whenever the
Georgia Perimeter College Bookstore, Print Shop, or other Georgia Perimeter
College unit is requested to reproduce any materials, the requesting person
will be required to complete and sign a “Request for Copy Services,” (Form
B). For those situations where the
“Fair Use Doctrine” does not allow photocopying, it is the responsibility of
the individual faculty member, employee, or student to first obtain permission
from the copyright holder.
A sample permission
letter is attached as Form C. In all
cases, it is the responsibility of the requesting faulty member, employee, or
student to ascertain and ensure that no copyright
laws are being
violated by photocopying. Any questions
regarding compliance with copyright laws should be directed to the College
Counsel.
Revised AdCab 11/22/91
Revision:
“DeKalb College” replaced with “Georgia Perimeter College” (8/2001)
Appendix
A
Guidelines for
Classroom Copying is Not-For-Profit Educational Institutions with Respect to
Books and Periodicals
A. Permissible Uses
1. Single
copying for teachers
A single copy of the following list may be made by or
for an individual teacher at his/her request for
a (a) scholarly research; (b) use in teaching; or (c)
preparation to teach a class
a. an
article from a periodical or newspaper,
b. a short
story, short essay, or short poem, whether or not a collective work, and
c. a chart,
graph, diagram, drawing, cartoon or picture from a book, periodical, or
newspaper.
2. Multiple
copies for classroom use
Multiple copies (never to exceed more than one copy per
pupil) may be made by or for the teacher
for classroom use or discussion. Some exceptions:
a. copying
must fall within the definitions of brevity and spontaneity as defined below,
b. must
meet the cumulative effect test as defined below; and
c. each
copy must include a notice of copyright.
B. Limiting Definitions
1. Brevity
(a) Poetry
(1) a
complete poem if less than 250 words and if printed on not more than two pages,
or
(2) from a
longer poem, an excerpt of not more than 250 words
(b) Prose
(1) either a
complete article, story, or essay of less than 2500 words; or
(2)
an excerpt from any prose work of not more than 1000 words or 10% of
the work,
whichever is less, but in any event
a minimum of 500 words.
NOTE: In either,
the poetry or prose category, the teacher may extend the numerical limitations
to permit completion of an unfinished line of the poem or an unfinished prose
paragraph.
C. Illustrations
One chart, graph, diagram, drawing, cartoon or picture
per book or per periodical issue.
D. Special Works
These are works in poetry, prose or poetic prose which
often combine language with illustrations
and are usually intended for children and fall short of
2500 words in their entirety. Despite
the
guidelines on prose, these special works may not be
reproduced in their entirety. However,
an
excerpt comprising not more than two of the published
pages and containing not more than 10% of
the words found in the text thereof may be reproduced.
1. 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
are so close in time
that maximum
teaching effectiveness would be lost if one had to wait for a reply to a
request for permission.
2. Cumulative
effect
(a) the
copying is for only one course in the school;
(b)
not more than one short poem, article, story, essay, or two excerpts
may be copied from the
same author, no
more than three from the same collective work or periodical volume during one
class term;
(c)
there should never be more than nine instances of such multiple copying
for one course
during one class term;
(d)
exception: the limitations in (b) and (c) above do not apply to current
news
periodicals,
newspapers, or the current news sections of other periodicals.
E. Prohibitions
Notwithstanding the above mentioned permissible uses,
the following is always prohibited:
1.
Copying cannot be used to create, replace or substitute for
anthologies, compilations or
collective
works. NOTE: Such replacement or
substitution may be deemed to have occurred when copies of various works or
excerpts therefrom are accumulated or reproduced and used separately.
2.
There shall be no copying of or from works intended to be “consumable”
in the course of
study or of
teaching. These include workbooks,
exercises, standardized tests, text booklets, and answer sheets or any similar
consumable material.
3. Copying
shall not:
(a) substitute
for the purchase of books, publishers' reprints or periodicals;
(b) be
directed by higher authority; and
(c) be
repeated with respect to the same item by the same teacher from term to term.
Appendix
B
Guidelines
for Educational Uses of Music
A. Permissible uses
1.
Emergency copying allows copies to be made to replace purchased copies which are not
available for an
imminent performance. However, one must
purchase replacement copies within due course.
2. Copying
for academic purposes (other than performances)
(a)
Multiple copies of an excerpt of a work may be made as long as the
excerpts do not
comprise a part of
the movement or aria. However, one may
never copy more than 10% of the whole work.
Also, only one copy per student is allowed.
(b)
Exception: a single copy of
an entire performable unit, i.e., a section, movement, or aria,
may be made if:
(1) one has
confirmation from the copyright proprietor that the unit is out of print; or
(2)
the unit is unavailable except in a larger work. This copy may be made by or for a teacher
for the purpose of (a) scholarly
research, or (b) in preparation to teach a class.
3. Copying
purchased materials
Printed copies which have been purchased may be edited
or simplified provided that the
fundamental character of the work is not (a) distorted,
or (b) the lyrics, if any, are not distorted, and
(c) no lyrics are added.
4. Recordings
of student performances
A single copy of a
student's performance may be made for evaluation and rehearsal purposes. This copy may be retained by the educational
institution or the individual teacher.
B. Prohibited
uses
1.
Copies may not be made to create, replace, or substitute for
anthologies, compilations or
collective works.
2.
Copies may not be made of workbooks, exercises, standardized tests or
answer sheets which
are published for such use in the
course of study.
3.
Copies for use in performances may not be made with the exception of
emergency copying
as outlined above.
4.
Copies may not be made to substitute actual purchase of the music with
the exception of
emergency copying and copying for
academic purposes as outlined above.
5.
Copies may not be made without including the copyright notice which
appears on the
printed copy.
C.
Guidelines for Off-Air Recording of Broadcast Programming For
Educational Purposes
1.
These guidelines are only applicable to off-air recording by non-profit
educational
institutions.
2.
A broadcast program may be recorded off-air simultaneously with
broadcast transmission
and retained by an
educational institution for a period of forty-five (45) consecutive calendar
days after the date of recording. At
the end of this time, all off-air recordings must be erased or destroyed
immediately.
3.
Off-air recordings may be (a) used once by individual teachers in the
course of relevant
teaching
activities; and (b) repeated only when instructional reinforcement is
necessary. The use of the recording for
instructional purposes must occur during the first ten (10) consecutive school
days within the 45 calendar day retention period.
4.
After the first ten consecutive school days, the off-air recording can
only be used, up to the
end of the 45
consecutive calendar days, for teacher evaluation purposes, i.e., to determine
whether to include the broadcast program in the teaching curriculum and may not
be used in the recording institution for student exhibition or any other
non-evaluation purpose with authorization.
5.
Off air records may:
(a)
be made only at the request of an individual teacher;
(b)
be used only by an individual teacher;
(c)
not be regularly recorded in anticipation of requests;
(d)
not be recorded off-air more than once at the request of the same
teacher, regardless of the number of times the program may be broadcast.
6.
A limited number of copies may be reproduced from each off-air
recording to meet the
legitimate needs of
teachers under these guidelines. Each
such additional is subject to all provisions governing the original recording.
7.
Off-air recordings need not be used in their entirety, but the recorded
programs may not be altered from their original content.
8.
Off-air recordings may not be physically or electronically combined or
merged to constitute
teaching anthologies or
compilations.
9.
All copies of off-air recordings must include the copyright notice on
the broadcast program
as recorded.
D.
Definitions
1.
Broadcast programs are television programs transmitted by television
stations for reception
by the general public without
charge.
2.
School days are school session days which means one does not count
weekends, holidays,
vacations, examination periods, or
other scheduled interruptions.
QUESTIONS
AND ANSWERS ABOUT COPYRIGHT
Q. May a
teacher legally tape a TV program to show later in class?
A. Yes. If the teacher uses the tape in the
classroom within 10 days, then erases it.
Q. May a
teacher permanently retain the tape of a TV program after it has been recorded?
A. Maybe. If a teacher tapes a TV program which is
available for rental or purchase, the tape must be erased. Although the guidelines require all TV tapes
to be erased after 45 days, these guidelines do not have the force of law and
the retention by a teacher of a tape not
available for purchase or rental is arguably “fair use” and thus permissible.
Q. May a
teacher tape, for permanent retention, rented material?
A. No. Such
use would clearly violate the copyright law.
Q. May a
teacher photocopy an article from a newspaper and distribute it to students?
A. Yes. (See
Appendix A). This is fine, unless
copying is so great as to be a substitute for the purchase of the magazine or
newspaper by the student.
Q. May a
teacher photocopy materials from a book and distribute them to students?
A. Yes. (See Appendix A). The copying should meet specified requirements of brevity and
spontaneity and not substitute for the purchase of material by students.
NOTICE
OF COPYRIGHT LAWS
Photocopying of
copyrighted materials is subject to specific rules and procedures set forth in
the Georgia Perimeter College “Policy Statement on Photocopying of Copyrighted
Material”. Copies of this policy are
available in the Georgia Perimeter College Administrative Manual and the
Business Procedures Manual.
REQUEST FOR COPY SERVICES
The Copyright Law
of the United States (Title 17, U.S.C.) governs the making of photocopies or
other reproductions of copyrighted materials.
I understand that the unauthorized use of copyrighted materials is a
violation of law for which I may be liable.
Therefore, before the Georgia Perimeter College Bookstore, Print Shop or
Media Services will reproduce any materials, the faculty member, employee, or
student presenting the materials, must complete and sign the form below.
I hereby request
that the Georgia Perimeter College Bookstore, Print Shop or Media Services
reproduce the following materials:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I affirm that
(check those which apply):
- The
materials listed above are not protected by copyright laws of the United
States.
- I have obtained from the holder of
the copyright, written permission (see attached) to reproduce _____ number of
copies of this work for my intended purpose.
- I have read the guidelines on use of
copyrighted materials for educational purposes and I certify that my request
for photocopying of these works for my intended purpose falls within these
guidelines.
I understand that
by signing this document, I am accepting responsibility for any violations of
copyright law that the reproduction of these materials may entail.
___________________________________ ______________________________
Signature Date
___________________________________,
19___
John Q. Publisher
Publishers &
Company
Box 111
New York, New
York 10101
Dear Publisher:
I would like
permission for Georgia Perimeter College to duplicate the following work:
Author: Robert J. Levine
Title: Ethics and
Regulations of Clinical Research,
1981
Copyright: 1981
Material(s)
to be duplicated: Pp. 74 - 93; P. 291,
“Appendix 5”
Number
of copies: 75
Form
of Distribution: supplied
to professors requesting information
and occasional seminars
Type
of reprint: Photocopy
The information
above will be used as a supplemental reading for a seminar on Research Ethics
in Medicine.
Enclosed is a
self-addressed, stamped envelope.
Sincerely,
Dr. John Q.
Educator
Georgia Perimeter
College