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SECTION 1900 - MISCELLANEOUS

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