Often, many questions arise about what copyrighted materials instructors are allowed to use in the classroom. Under the Fair Use exemption to copyright law, users of copyrighted material can exercise some of the rights of the copyright holder without being held liable for infringement. However, the Fair Use Doctrine is purposefully vague in delineating what is “fair use” of copyrighted material. In determining whether or not a use of a work is fair use, four factors need to be considered:

1. The purpose of the use and whether it 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
4. The effect of the use on the potential market for or value of the copyrighted work.

The only true way to determine if a particular use is fair use is to submit the matter to court, and since the courts use the four factors above to determine fair use, it is important that instructors and students use these factors in making judgments on using copyrighted material. However, in order to provide a framework for educators and other concerned parties on fair use, some guidelines have been formulated. It is important to note that the guidelines on the following pages are NOT copyright law and should not be treated as such, however instructors and students can feel comfortable that they are not infringing on copyright when operating within the guidelines.

Educational Fair Use Guidelines
Educational fair use guidelines pertain to material used in educational institutions for educational purposes. These institutions include K-12 school, colleges, and universities. Educational purposes include:

1. non-commercial instruction or curriculum based instruction to students at non profit institutions
2. planned non-commercial study or investigation towards a field of knowledge
3. presentation of research findings at non-commercial peer conferences, workshops or seminars

Guidelines for Classroom Copying
The following guidelines are based on the Guidelines for Classroom Copying (1976), and can be found in Circular 21, produced by the United State Copyright Office, http://www.copyright.gov/circs/circ21.pdf.

Rules for Reproducing Text Materials in Class
Instructors may make one copy of any of the following: one chapter from a book, an article from a periodical or newspaper, a short story, short essay or short poem; a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper. The number of copies distributed cannot exceed more than one copy per person, and a notice of copyright must be fixed to each copy. In order to meet standards for brevity, spontaneity, and cumulative effect, the guidelines below also apply in copying works:

Brevity
Poetry

1. A complete poem less than 250 words may be copied if printed on not more than two pages.
2. An excerpt from a longer poem may be copied of not more than 250 words.
3. The numerical limits stated above may be expanded for the completion of a line.

Prose

1. A complete article, story or essay of less than 2,500 words.
2. An excerpt from any prose work of not more than 1, 000 words or 10% of the work, whichever is less, and not less than 500 words.
3. The numerical limits stated above may be expanded for the completion of a sentence or paragraph.
4. Illustrations of one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
5. Special Works: Certain works in poetry, prose, or in “poetic prose” which often combine language with illustrations and which are sometimes intended for children and sometimes intended for a more general audience and fall short of 2,500 words in their entirety.

Spontaneity

1. The idea for copying the material must be at the insistence of the teacher.
2. The time between the decision to use the work and the moment of its use must be so brief that it would be unreasonable to expect a timely response to a permission request.

Cumulative Effect

1. The copied material is only for one course.
2. Copying materials for classroom use cannot be used to replace texts or work books, therefore the reproduction of workbooks, textbooks, and standardized tests is prohibited. Educational publishers do not consider photocopying a fair use when it is used to replace the purchase of books, reprints, periodicals, tests, anthologies, compilations or collective works.
3. Only nine instances of multiple copying for one course during one term are allowed.
4. No 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.

In some instances, reproduction of materials is free from copyright rules. These include works without copyright including:

1. Faculty exams, homework or problem set answers, lecture notes
2. Students papers (written student permission must accompany each item)
3. U.S. Government Publications
4. Works in the public domain (contact a librarian if you need additional information on which works may fall into the public domain.)

The following guidelines are based on The Guidelines for Educational Uses of Music (1976), which can be found in Circular 21 produced by the United States Copyright Office http://www.copyright.gov/circs/circ21.pdf.

Music instructors can make copies of sheet music or other printed works as long as the copies do not compose a “performable unit”, such as a an entire song, section, movement or aria. Any copies made cannot exceed more than 10% of the whole work and copies provided cannot exceed more than one per person.

A recording of a performance of copyrighted music may be made by a student for evaluation and rehearsal purposes with the institution or instructor retaining a copy. A single copy of a sound recording of copyrighted music owned by an educational institution or individual teacher may be made for the purpose of constructing aural exercises or examinations and the educational institution or individual teacher may keep a copy.

Instructors may not:

1. Copy sheet music or recorded music for the purpose of creating anthologies or compilations in class.
2. Copy from works intended to be used in the course of teaching or study, such as workbooks, exercises, standardized tests, answer sheets, etc.
3. Copy sheet music for the purpose of performance except in the case of emergency copying to replace purchased copies not available for an imminent performance.
4. Copy any materials that without including the copyright notice on the printed copy.

If copyrighted sheet music is out of print the instructor can request permission to reproduce it from the music publisher.

For instructors and students who utilize the Blackboard Course Management system, posting articles and other materials raise important questions about copyright. As in face to face instruction settings, materials that are posted to course management software to supplement in class instruction or distance education settings are subject to fair use guidelines. The four factors of fair use, the purpose of the use, nature of the work, amount of the work, and effect of the use on the market for the original, need to be considered when delivering material through electronic means. Below are some general guidelines for instructors and students to consider when using material with course management systems.

Purpose of the Use

• Materials placed or posted on Blackboard should only be for the purpose of serving the needs of specified education programs.
• Materials should only be placed or posted on Blackboard at the request of the instructor.
• Access to materials should only be authorized by password in order to deter unauthorized access beyond those enrolled in the specified course.
• Students should not be charged a fee specifically or directly to access materials placed on Blackboard and no one at the college should benefit financially from the use of the materials.

Nature of the Work

• Only the portions of the materials that are needed to fulfill the educational objectives of the course should be placed on Blackboard.
• Fair use applies more narrowly towards highly creative works, therefore avoid large excerpts from novels, short stories, poetry, modern art images, and the like.
• Instructors should carefully review uses of “consumable” materials like test forms and workbook pages that are meant to be used and repurchased.

Amount of the Work

• Materials placed or posted on Blackboard should be limited to brief works or brief excerpts from longer works such as a single chapter from a book, a single article from a journal, and individual news articles.
• The amount of the work posted should directly reflect the educational objectives of the course.

Effect of the use on the Market for the Original

• Avoid repeated use of the same materials by the same instructor for the same course.
• Materials posted on Blackboard should include a complete citation to the original source and a form of copyright notice.
• Students need to be aware that use of availability of materials is exclusively for students enrolled in the specific course and cannot be distributed beyond that group.
• Access to materials should be limited by password or other means.
• Any material that has not been lawfully obtained by the instructor, library or another unit at the school should not be placed or posted on Blackboard.
• Materials that are available and affordable for student purchase should not be placed on Blackboard.

In addition to above guidelines, Blackboard has also provided its own guidelines for fair use and general copyright inquiries. Please review these documents as well to guide decisions on posting material to Blackboard.

Copyright and Blackboard http://www.wfu.edu/Library/ITC/training/blackboard/copyrightbb.pdf

Copyright, Fair Use & Educational Multimedia FAQ
http://www.utexas.edu/academic/blackboard/answers/Copyright_Fair_Use.pdf

Alternative Methods of Information Delivery
Instructors should consider alternative forms of providing students with materials.

• Providing Links – Linking to materials already lawfully posted on the internet or available through library databases is an efficient way to provide students with needed materials. Contact a librarian for the online availability of journals and other texts.
• Requiring Students to Purchase Materials – If materials are available at reasonable cost, students should purchase the material. Again, copyright holders do not consider it a fair use to copy material in order to substitute the purchase of needed resources.

Placing Materials on Course Reserve
There are limits on the type and quantity of materials which may be submitted for Course Reserve. These guidelines have been determined by the Jennie King Mellon Library and pending approval by College legal counsel as compliant with current U.S. copyright law. Though they may seem restrictive, they are nonetheless the boundaries within which copying and use are in clear compliance with copyright law. These guidelines exist because the JKM Library endeavors to abide by the legal requirements of copyright law, as well as to maintain the principles of academic integrity.

General Guidelines

• Each item placed on reserve must include the full bibliographic citation. Materials lacking such information will not be accepted.
• Students must not be assessed any charges for use of reserve materials beyond their own photocopying costs.
• Individual instructors are responsible for copyright compliance including obtaining permissions from publishers to exceed fair use guidelines.
• JKM Library reserves the right to decline placing any item on reserve that lacks copyright permission if the nature, scope, or extent is judged by the library to exceed the reasonable limits of fair use.

Do you need permission from the copyright holder?
Placing items on course reserve can involve relatively few, or very complicated copyright issues, as well as everywhere in between. Here are some rules for when you should seek permissions, based upon the Guidelines for Classroom Copying (1976).

Materials which do not require permissions for reproductions:

1. Works without copyright, including:
   a. faculty exams, homework or problem set answers, lecture notes
   b. student papers (written student permission must accompany each item)
   c. U.S. Government publications
   d. works in the public domain (see the library if you need additional information on which works may fall into the public domain)
   
2. Copyrighted works – permissions are not required as long as the reproduction and use of these materials does not violate the provisions of fair use. Such works include:
   a. one article from one issue of a journal, periodical, or newspaper
   b. one chapter from a book, anthology, or conference proceeding
   c. one short story, essay, or poem from a collection
   d. one chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper
   
3. Multiple copies of copyrighted works – permissions are not required as long as the reproduction and use of these materials does not violate the provisions of fair use, and meet the additional criteria of brevity, spontaneity, and cumulative effect as described in the Guidelines for Classroom Copying. Such items include:
   a. One reproduction of an item may be placed on reserve for every 20 students enrolled in a course
   b. Up to nine such instances of multiple copies may be allowed for a single course; the tenth and subsequent items may only be placed on reserve in single-copies

Materials which require permissions for reproductions:

1. Items which violate the doctrine of Fair Use
2. Multiple articles from a single issue of a journal, periodical, or newspaper
3. Multiple chapters from a single book, anthology, or conference proceeding
4. Multiple elements of a collection of short stories, essays, or poems
5. Reproductions needed for more than one semester

So what can be placed on reserve at JKM Library?

1. Books – you may place on reserve books owned by JKM Library as well as personal copies of books. Required course textbooks and coursepacks will not be accepted for Course Reserve. Books checked out from other libraries and/or obtained by Interlibrary Loan may not be placed on reserve.
2. Photocopies of journal articles, book chapters, elements from anthologies, etc. – You may place these on course reserve under the guidelines listed above regarding the quantity and type of reproductions allowed. Generally, this is one chapter or one article per book or journal.
3. Video and Audio recordings – Commercially produced (not taped privately) tapes may be placed on reserve, as well as those owned by the JKM Library. Tapes which have been recorded privately may be placed on reserve once and once only. Tapes borrowed from other libraries and/or rented from commercial establishments may not be placed on reserve.
4. “Consumables” - Workbooks, copies of standardized tests, coursepacks and other single-use types of items will not be accepted for course reserve.
5. Copies of student papers and tutorials - may be placed on reserve provided that written permission from the student author is included with each item.
6. Faculty-created course-related documents - Old class exams, homework problems and solutions, syllabi, and similar documents may be placed on reserve.

How to place materials on reserve:

1. Ensure that your materials are in compliance with copyright law and JKM Library policies, including:
   a. All photocopies and other reproductions fall within fair use guidelines
   b. Statements of permissions are included when copies exceed the dictates of fair use
   c. Each item includes a full citation
2. Create a list of complete citations for all of the materials you’re placing on reserve – if you don’t create your own list, you’ll need to fill out the same details on the Course Reserve Request Form when you bring your materials over to the library.
3. Bring the materials and the citation list over to the library and fill out and sign the contact and course information portion of the Course Reserve Request form. Additionally, if you haven’t provided a citation list, you’ll need to fill out the remainder of the form with those citations.
4. If you are placing any video or audio recordings on reserve, be sure to indicate whether the item may leave the library, and if so, should it be for the standard 2-hour loan, or a 24-hour overnight loan.
5. Pick up your course reserves at the end of the semester. Remember, photocopies cannot be placed on course reserve for multiple semesters without permission from the copyright holder(s).

What happens to your course reserve materials?

1. Most course reserve materials are processed and available to students within 2 business days of receiving them. Items are processed in the order in which they are received.
2. Be aware that personal copies require several labels and/or stamps on each item – this will result in some minor cosmetic changes to your book or other item. Please note that the library cannot be held responsible for loss or damage to personal copies of materials placed on reserve. We make every effort to ensure that your materials are clearly marked as belonging to course reserves and that items are used properly and returned in timely fashion.
3. Usage statistics for your materials are calculated and provided to you around midterm and toward the end of the semester to help you gauge student use of these items.
4. Within a week of the end of the semester your materials are removed from course reserve and are ready for you to pick up. All materials will be held for your pickup for 6 weeks, with a notification going out for uncollected materials after 4 weeks. After the 6-week deadline, photocopies will be recycled, and other materials will be added to the library’s collections at staff discretion. Materials not added to the collection will be disposed.

Some Common Course Reserve Questions and Answers
Q: What if I’m using an out-of-print book, is there still a limit on the number of copies I can place on reserve?
A: No distinction is made between in-print and out-of-print materials with respect to fair use guidelines. In fact, because of recent technological developments which have made print and electronic reproductions both inexpensive and fast, the market for out-of-print (but still under copyright) materials may be stronger now than ever. Note that some out-of-print materials may now be in the public domain and no longer subject to fair use guidelines.

Q: The text I want to use for my class is out-of-print and copies are scarce and prohibitively expensive. I’d like to place copies of 4 or 5 chapters of this 12 chapter book on reserve for this semester. Is this allowed?
A: No, this exceeds both the fair use and the classroom use guidelines. If you have a copy or two of the book itself, you may place the entire book on reserve and avoid the problem with photocopies.

Q: Does it make a difference if it’s a faculty member, the copy center, or the library making the copies?
A: No, as either the copy center or library would simply be the agents of the faculty member, it is still, in effect, the faculty member making the copy. Please note that library staff will not make copies of articles to be placed on reserve – individual faculty members are responsible for providing their own copies.

Q: Why do I have to pick up my photocopies at the end of the semester?
A: The copyright law does not specifically address the length of time a print copy may be retained, though remember that permissions must be obtained from the publisher to place photocopies on reserve for more than one semester. Additionally, space constraints prohibit the library from retention of course reserves past the end-of-semester pickup time.

Q: How do I get permission to use a copy of an article for more than one semester?
A: You’ll need to seek permission from the copyright holder (for journal articles this is frequently the publisher). If you need assistance in determining the copyright holder, or examples of permission letters, please visit the relevant sections of the library website, or ask to look at the copies at the Circulation Desk.

Q: It looks like most course reserve use is probably within the fair use guidelines, so why does the library need me to sign the Course Reserve Request Form?
A: The library can’t guarantee what is or is not fair use – we can only make recommendations and suggest you err on the side of caution and seek permissions when in doubt. JKM Library needs to comply with copyright law and fair use, and our policies and procedures are designed to recognize the intent of the law Your signature on the form indicates our good faith effort to be in full compliance with the law.

Q: Wow, it sounds like I need to get permissions for just about everything I want to put on reserve – do I?
A: No – the fair use restrictions apply to reproductions or photocopies of originals. Whole books can be placed on reserve without problems, as can materials in the public domain.

Q: I wrote this article, so I can put as many copies on reserve as I want, right?
A: Well, yes and no. Frequently, when an article is published, the author signs a transfer of copyright to the publisher. If you agreed to such a transfer, the publisher, not you, is the copyright holder, and so use of the article falls under fair use guidelines. If you retained your rights, then we ask only that you carefully consider the minimum number of copies which is reasonable to ensure that the students in your class have adequate access to the material.

Q: I know I need to get permission to use some materials for my course – how do I do this?
A: You’ll need to contact the publisher (or copyright holder) requesting permission for use in class or as a course reserve item. Visit the library webpage for links to some sample letters. If you’re having difficulty determining who the copyright holder is, the library staff may be able to give you some suggestions.

Q: I recorded a documentary from TV over the summer and would like to place it on reserve for my students to watch. Is that okay?
A: Yes, but only once. After that you’ll need to seek permissions. If you purchase a copy and would like to place that on reserve, that would be fine.

Q: If I received an article through Interlibrary Loan, can I place it on reserve?
A: No, Copyright Law (specifically Section 108(d) states that a library may copy “no more than one article or other contribution to a copyrighted collection or periodical issue, or to . . . a small part of any other copyrighted work.” The copy you have received is limited by law to “private study, scholarship, or research.” In addition, CONTU Guidelines limit how much material may be photocopied for faculty, staff, and students of the college in any calendar year. I.e., only five articles may be requested from the most recent five years of any periodical not owned by the library (not five per patron, but five for the whole college for the whole year).