Copyright Guidelines

We have accumulated guidelines for the following uses of copyrighted works:

• Distance learning
• Text materials
• Images
• Music
• Video
• Multimedia
• Research copies
• Electronic reserves
• Software

We have made these guidelines available in chart form as a reference you can print out. Interpret these guidelines conservatively. If you need to make a more extensive use of another's work than suggested, or if there isn't an appropriate guideline, use the fair use balancing factors test to determine whether the use is fair or if it requires permission.

Displaying and Performing Others' Works in Distance Learning

1. Check any licenses acquired with materials purchased specifically for distance learning; they most likely include all the rights you will need.
2. Contact the library to make sure they don't have an electronic copy.
3. Incorporate performance of dramatic video and music compositions:
   • in very small portions, less than 10% of the total length.
   • only if a faculty member or the institution possesses a legal copy of the work (i.e. by purchase, license, fair use, interlibrary loan, etc.)
4. Use anything else for display or performance:
   • only if it is a part of the classroom session, not supplementary or extra readings.
   • adhere to the TEACH Act checklist.
5. Limit access to students enrolled in the class and administrative staff as needed.
   • Terminate access at the end of the class term.
6. Include:
   • any copyright notice on the original.
   • appropriate citations and attributions to the source.
   • disclaimer notifying students that copying work violates copyright law.
7. Obtain permission for material that will be used repeatedly by the same instructor for the same class.
8. Otherwise Get Permission
   • contact the Library.
   • contact the bookstore.
   • contact the Copyright Clearance Center.
   • contact the author/publisher directly.

Copying and Using Text Materials in the Classroom

1. Limit to:
   • single chapters.
   • single articles from a journal issue.
   • one chart, graph or illustration per book or periodical.
   • other similarly small parts of a work.
   • material is not used repeatedly by the same instructor for the same class.
2. Include:
   • any copyright notice on the original.
   • appropriate citations and attributions to the source.
3. Otherwise Get Permission
   • contact the Library.
   • contact the bookstore.
   • contact the Copyright Clearance Center.
   • contact the author/publisher directly.

Copying and Using Images in the Classroom

1. If it is an Analog Copy (like slides or photocopy)
   • full resolution: no more than 5 per artist AND no more than15 images or 10% of a collection (note: older illustrations may be in public domain but printed as part of a copyright collection).
2. If it is a Digital Copy (like PowerPoint or PDF):
   • if it is readily available online at fair price: point to, purchase, or license the image.
   • if not: limit access to all images to students enrolled in class (except small, low resolution thumbnails)
3. Include:
   • any copyright notice on the original.
   • appropriate citations and attributions to the source.
4. Otherwise Get Permission
   • contact the Library.
   • contact the bookstore.
   • contact the Copyright Clearance Center.
   • contact the author/publisher directly.

Copying and Using Music In the Classroom

1. Limit to:
   • sheet music, partial: less than 10% of entirety
   • sheet music, entire works: only for performances and only in emergencies, replace with purchased original is available.
   • sheet music, performable units (movements, sections, arias, etc): only if out of print.
   • student performances: record only for teacher or institutional evaluation or student's portfolio
   • sound recordings: one copy for classroom or reserve room use
2. Include:
   • any copyright notice on the original
   • appropriate citations and attributions to the source
3. Otherwise Get Permission:
   • check if library has an electronic copy or license
   • contact the bookstore
   • contact RIAA for the master license.
   • for videos, also contact the owner or publisher for the sync license.

Copying and Viewing Videos In the Classroom

1. Instructions for the following types of productions:
   • viewing of film/videos: any legally obtained video (i.e.: purchased or rented) for instructional (not entertainment) purposes in a non-profit environment "dedicated to face-to-face instruction."
   • viewing of broadcast programs: show once within 10 days of broadcast, can't regularly show a program series, destroy copy after 45 days.
   • viewing of cable programs: only with permission. Check with the Cable In The Classroom initiative for available programs.
   • copying of any on the above: limit to less than 10% with a max of 3 minutes .
2. Include:
   • any copyright notice on the original
   • appropriate citations and attributions to the source
3. Otherwise Get Permission:
   • check if library has a license
   • contact the bookstore
   • contact Motion Picture Licensing Corporation, Broadcast, or Cable company

Digitizing and Using Others' Works in Multimedia Materials

1. Students, faculty, and staff may:
   • incorporate legally obtained works into multimedia work (be careful about downloading off the Internet).
   • display and perform a multimedia work in connection with or creation of:
     • class assignments
     • curriculum materials
     • remote instruction
     • examinations
     • student portfolios
     • professional symposia
     • job interviews
2. Be conservative. Use only small amounts:
   • motion media: 10% or 3 minutes, whichever is less
   • text material: 10% or 1000 words, whichever is less
   • poems: less than 250 words, no more that 3 poems by one poet or 5 poems from any anthology
   • music, lyrics, and music video: up to 10%, but not more than 30 seconds
   • illustrations and photographs: no more that 5 images by same artist or photographer. Not more that 10% or 15 images from a collective work.
   • numerical data sets: up to 10% or 2500 fields or cell entries, whichever is less
3. Don't make any unnecessary copies of the multimedia work.
4. Include:
   • any copyright notice on the original.
   • appropriate citations and attributions to the source.
5. Otherwise Get Permission
   • contact the Library.
   • contact the bookstore.
   • contact the author/publisher directly.

Copying Research Copies

1. Limit research copies to:
   • single chapters
   • single articles from a journal issue
   • several charts, graphs, illustrations
   • other similarly small parts of a work
2. Include:
   • any copyright notice on the original
   • appropriate citations and attributions to the source
3. Otherwise Get Permission
   • contact the Library.
   • contact the bookstore.
   • contact the author/publisher directly.

Digitizing and Using Others' Works in Electronic Reserves

1. Limit reserve materials to:
   • single articles or chapters; a few charts, graphs, or illustrations; or other small parts of a work.
   • a small part of the materials required for the course.
   • copies of materials that a faculty member or the library already legally possesses (i.e., by purchase, license, fair use, interlibrary loan, etc.).
2. Include:
   • any copyright notice on the original.
   • appropriate citations and attributions to the source.
   • display a notice that copying may be subject to copyright law.
3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
4. Obtain Permission for material that will be used repeatedly by the same instructor for the same class.
5. Otherwise Get Permission:
   • contact the Library
   • contact the works' authors and publishers

Copying and Using Software and Code

1. Limit:
   • copying entire programs: one machine at a time per legally obtained copy
     • can have a copy at home and at school
   • copying sections of code or duplicating methods: only for one of the following reasons:
     • efficiency: there is only one way to express an idea
     • standard techniques: it is a very common interface or approach for compatibility
     • processes: how it is done. The description of how it is done may be covered. Patent law may protect certain processes.
     • data: facts stored in a program. However, arrangement of data may be protected
   • using Open Source Code: be sure to follow the terms of the license. For example, the GPL license requires you to keep your entire source code open to others.
2. Take aggressive action to ensure copying is not taking place (unless for archival purposes)
   • document all installations and back-ups
3. Otherwise Get Permission
   • contact the bookstore
   • buy another copy
   • Increase the license agreement

NOTE: Faculty may use any classroom material at peer conferences. Students may use educational materials for personal study, for course assignments and presentations, and may keep works in their portfolios.

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Acknowledgment: Portions of this page were taken from the University of Texas' copyright permission site.