Faculty may make single copies for scholarly research or for use in teaching or class preparation. In general copies should be restricted to:
Fair use allows multiple copies (not to exceed more than one copy per student in a course) to be made by or for a faculty member for classroom use or discussion, provided that the copying meets the tests of brevity, spontaneity, and cumulative effect. In addition, all copies distributed to students must have a complete citation and notice of copyright on the first page.
Brevity: Brevity refers to how much of the work you can copy.
Special Works: Certain works in poetry or prose or in "poetic prose," which may combine language with illustrations and which fall short of 2,500 words, may not be reproduced in their entirety. However, an excerpt comprising not more than two of the published pages of such a work, and containing not more than 10% of the words found in the text, may be reproduced.
Spontaneity: Spontaneity refers to the timing of the decision to make copies.
According to the rule, the need to copy should occur closely in time to the need to use the copies. If you use something for one semester, it is likely to be seen as fair use. If you use something repeatedly, it's less likely to be considered fair use. The expectation is that you will obtain permission as soon as it is feasible. Using something over a period of years is not within the spirit of the guidelines.
Cumulative Effect: Cumulative Effect refers to the big picture of how many items you are copying per course and how many different sources you’re copying from.
The use of the copies should be for one course at one school.
The copies should include a notice of copyright acknowledging the author of the work.
NOTE: It is recommended that instructors consider both the special guidelines for instructor and take into account the four factors that are used to evaluate fair use when they are deciding what and how much of a copyrighted work to use.
Borrowing from the library a videotape or DVD does not give the person in possession of the video or DVD the right to show that work to others. The copyright owner determines the circumstances in which the work may be performed. However, use of this type of media in a nonprofit educational institution is allowed, without obtaining permission, under certain conditions as specified in Section 110 (1) of the Copyright Act of 1976 and in House Report (94-1476).
There must be a direct relationship between the videotape or DVD and the course. Videos and DVDs, even in a face-to-face classroom setting, may not be used for entertainment or recreation, whatever the work's intellectual content.
Videos and DVDs, owned by the College, may be viewed by students, faculty, and staff at workstations or in small group rooms in the Library. Students, staff and faculty members may also checkout videos and DVDs for viewing at home. Videos or DVDs which are to be shown to a larger audience as part of a special program, lecture series, etc. require permission from the copyright owner for public performance rights. Copying a videotape or DVD without the copyright owner's permission is illegal.Off-Air Videotape Recording for Educational Purposes
The following "Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes" were developed by the Kastenmeir House Committee in 1979 and ratified by a House subcommittee in 1981. Using the fair use doctrine, these guidelines provide for classroom use of most off-air videotaped recordings.
These guidelines apply only to nonprofit educational institutions, which are further expected to establish appropriate control procedures to maintain the integrity of these guidelines.
Course packs which compile readings into an anthology are recommended when more than nine items need to be distributed to students during a semester or the guidelines for permission requirements listed above are indicated. All copyrighted materials reproduced in course packs require copyright permission and/or payment of fees. Faculty are expected to obtain these permissions and pay any necessary fees themselves.
Whenever possible, the Grace Hauenstein Library will place the original source (book or journal) on reserve for a faculty member, rather than a copy of that work. Use of personal copies on library reserve must conform to the fair use classroom guidelines or have copyright permission. At the request of a faculty member, the library will place on reserve a copy of excerpts from copyrighted works in accordance with fair use guidelines. These copies may be placed on reserve for one academic semester and may not be used for additional semesters without permission from the copyright holder.
The Library reserves the right to refuse to place items on reserve that do not comply with the copyright law, such as reproductions of entire books or entire issues of journals or course packs or other anthologies a faculty member has compiled, where permissions have not been obtained.
The Library is required to remove all course reserves at the completion of the course.
Materials which may be placed on Reserve without obtaining copyright permission:
Portions of copyrighted materials that may be photocopied or scanned and placed on Reserve without permission from the copyright owner or publisher for one semester (NOT consecutive semesters):
Material for which copyright permission is needed:
Copyrighted materials that may NOT be photocopied or scanned and placed on Reserve:
Length of time photocopied/scanned materials may be on reserve:
Photocopies of copyrighted materials may be placed on reserve one semester only without permission. If the instructor wishes to keep these materials on reserve for more than one consecutive semester, permission from the copyright holder must be requested. Once the request has been made the material can remain on reserve pursuant to the copyright holder’s response. If permission is not granted than the material must be taken off reserve.
Number of photocopies of each item that can be placed on Reserve: One (1)
Faculty who are posting articles, readings, etc. from copyrighted material on CourseConnect should consider the following recommendations:
When in doubt, seek permission.
The Library obtains photocopies of journal articles or other resources from other libraries for students, faculty and staff, in compliance with subsection 108(G)(2) of the copyright law and the guidelines established by CONTU, the National Commission on New Technological Uses of Copyrighted Works. These guidelines set a maximum number of five photocopied articles which may be requested in a calendar year from the most recent five years of a periodical that the Library does not subscribe to. ILL request forms can be submitted online.
The Library also provides photocopies of materials in Aquinas College’s collections to other libraries subject to the same set of guidelines. The copy obtained through interlibrary loan must become the property of the requestor, and its use is limited to private study, scholarship, or research. The requestor must submit a completed interlibrary loan request form for each photocopy requested from another library.
When research needs require copying beyond the limits of Fair Use, permission to copy must be obtained from the copyright owner and/or payment of royalties may be necessary.