St. John's University Libraries' Course Reserves Copyright
Policies
The following copyright guidelines apply to the libraries' reserve
collection services to the extent the collection functions as an
extension of classroom readings or reflects an individual student's
right to copy for his/her personal scholastic use under the
doctrine of fair use:
- All use of materials placed on reserves will be at the
initiative of faculty solely for the non-commercial, educational
and research use of students.
- Faculty members are responsible for securing necessary
copyright permissions.
- The amount of material in the reserve collection for a course
should be reasonable in relation to the total amount of material
assigned for one term of a course taking into account the nature of
the course, its subject matter and level.
- There will be no charge for access; the charge for copies made
by students will be limited to the cost of printing as established
by university policy.
- The library will place a copyright notice on the cover sheet of
printed reserve materials, on the first page of printed materials
scanned and placed in the Electronic Reserves Collection and in the
online reserve system to indicate that materials may be covered by
copyright law.
- Materials in the Electronic Reserve Collection accessible via
the Electronic Reserves system will be password protected so that
only members of the St. John's University community will
have access to materials in the Electronic Reserves
Collection.
- Print and electronic files will be removed from the reserve
system when they are no longer used for reserve services or if
continued use exceeds fair use.
When to Request Copyright Permission
Copyright permission is ordinarily not required for:
- Exams
- Lecture notes
- Student papers
- Government publications
- Works in the public domain
- One copy of an article from a journal issue
- One copy of a chapter from a book
- Multiple print copies if the number of copies is reasonable in
light of the number of students enrolled
Requst copyright permission when:
- An article from a journal is needed for more than one
semester.
- Multiple articles from one journal issue are needed for
reserve.
- One chapter of a book is needed for more than one
semester.
- Multiple chapters of a book are needed for reserve.
- The material is neither owned by the professor nor by the
libraries.
- The material is designed to be consumed in the classroom, such
as standardized tests, exercises and workbooks.
- The material is a "do-it-yourself" coursepack, i.e. when a
collective work or anthology is created by photocopying a number of
copyrighted articles and excerpts to be purchased and used together
as the basic text for a course. (One copy of a commercially
prepared coursepack does not require permission.)
How to Request Copyright Permission
Copyright permission can be requested directly from the copyright
holders – authors, book publishers or journal publishers.
Book publishers' addresses, phone numbers, etc. are listed in
Books in Print.
Journal publisher addresses, etc. are listed in the front of the
print journal and also in the directory, Ulrich's International
Periodicals.
Copyright permission may also be obtained from the Copyright
Clearance Center (CCC) an organization that offers fee-based
permissions services and a variety of services for copyright
owners.
To help you with the permission process, following are some
standard forms, request letters, and other useful web resources
developed by other institutions and organizations:
General Copyright Information
The SJU Libraries' copyright policies for library services are in
accordance with University policy and are derived from the fair use
provisions of the U. S. copyright law
and guidelines developed to assist libraries with
compliance.
In addition to fair use, the libraries' policies conform to the
provisions of:
All collections of the SJU Libraries – regardless of format –
are purchased by the university for the non-profit educational use
of students and faculty. All library materials are acquired with
the understanding that there will be multiple uses of a limited
number of print copies or multiple simultaneous uses of electronic
text. The library frequently pays a premium institutional
subscription price or licensing fee for journals and other
databases for the privilege of supporting multiple academic
users.
What works are protected
by copyright and for how long?
Works that are "original works of authorship" and "fixed in any
tangible medium of expression" receive automatic copyright
protection. Given the low standard of originality that is required
and the variety of formats that can serve as the "medium of
expression", copyright can apply to almost anything in the
libraries' collection or on any web site.
However, copyright protection does not last forever. When the
copyright expires, the work enters the public domain, and it may be
copied and used without worrying about copyright infringement. The
time frame for copyright protection has been changed over the years
and generally depends upon the original publication date.
A handy chart
shows the various terms of copyright protection.
Fair Use
If an item is protected by copyright law, The fair use provisions
of the copyright law (Chapter
1, Section 107) expressly permit making multiple copies for
teaching, scholarship or research. Such fair use does not require
the permission of the copyright owners provided that the
circumstances of the use are fair as assessed by the four factors
in section 107 of the Copyright Act, the text of which
follows:
"Notwithstanding the
provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords
or by any other means specified in that section, for purposes such
as criticism, comment, news reporting, teaching (including
multiplecopies for classroom use), scholarship or research, is not
an infringement of copyright. In determining whether the use made
of a work in any particular case is a fair use the factors to be
considered shall include:
- the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in
relation
to the copyrighted work as a whole; and - the effect of the use upon the potential market for or value of
the copyrighted work."
Links to further information about Fair Use have been compiled
by Stanford
University.
Guides and Policy Statements
- Copyright
and Multimedia Law for Webbuilders and Multimedia Authors:
University of Iowa Index
- Copyright
Permission Pages Compiled by Haibin Hu and Thomas M. Steele,
Professional Center Library for Law and Management, Wake Forest
University
- Fair-Use
Guidelines for Electronic Reserve Systems (Conference on Fair Use
Participants (CONFU) Electronic Reserves Drafting Sub-Group April
19, 1996)
- A
Guide to Copyright for Music Librarians (Music Librarians
Association)
- Guidelines
for Educational Uses of Music (April, 1976 )
- Guidelines
for Off-Air Recordings of Broadcast Programming for Educational
Purposes (March, 1979)
- Library
and Classroom Use of Copyrighted Videotapes and Computer Software,
(American Library Association, February 1986).
- Model
Policy Concerning College and University Photocopying for
Classroom, Research and Library Reserve Use (American Library
Association, 1982).
- Policy
on Fair Use of Copyrighted Works for Education and Research
(Indiana University)
- Regents
Guide to Understanding Copyright and Educational Fair Use
(University of Georgia)
- Using
Software: A Guide to the Ethical and Legal Use of Software for
Members of the Academic Community (EDUCOM, 1992)
Electronic Lists and Discussion Boards
- CNI Copyright and Intellectual Property Forum. Sponsored by the
Coalition for Networked Information. A moderated and archived list.
- NewsNet (U.S. Copyright Office). A newsletter regarding
copyright-related legislation and other activities, published by
the U.S. Copyright Office. For additional information, visit the Copyright Office
Website at http://www.loc.gov/copyright/newsnet/.
Other Web Resources on Copyright
- American Association
of University Professors: statements by the Special Committee on
Distance Education and Intellectual Property, May /June
1999.
- Copyright, Libraries, and
the Public (American Library Association, Office of Information
Technology Policy). Information on copyright basics and guidance on
fair use and copyright issues relating to the library, learning,
research and the internet.
- CLA
(Canadian Library Association) Resources – Copyright Information.
Excellent site for Canadian, American, British, and international
copyright information.
- Center
for Intellectual Property (University of Maryland). Links to
current issues including UCITA, the Digital Millenium Copyright
Act, and a Powerpoint Presentation on faculty ownership of material
developed for distance education courses.
- Computers
and Copyright: A Bibliography (Center for Instructional Technology
of University of North Carolina at Chapel Hill; updated to
1997).
- Copyown:
University of Maryland) A resource on copyright for the higher
education community.
- Copyright:
an overview (Legal Information Institute, Cornell University)
Federal material, international material and other
references.
- Copyright
and Fair Use (Stanford University Libraries) Primary materials,
current legislation and cases, resources on the internet, overview
of copyright law.
- Copyright
Information: an Introduction (University of Michigan Libraries)
News, statutes and legal information, guidelines, FAQ's and
resources.
- Copyright Management
Center (Indiana University – Purdue University, Indianapolis). An
extensive site that includes information on library
issues.
-
Crash Course on Copyright at the University of Texas (September
1999)
- Digital
Millennium Copyright Act (Educause) Links to the DMCA, also
includes summaries and commentaries on the act.
- Digital
Millennium Copyright Act Status and Analysis (Association of
Research Libraries, updated June 27, 2000) Includes online service
provider compliance, distance education and preservation
issues.
- Intellectual
Property Rights Help Desk "A free informative service about
intellectual property (copyright, patents, trademarks, etc.) in
Europe." In English, French and German.
- Report
on Copyright and Digital Distance Education. (U.S. Copyright
Office). PDF file – requires Adobe Acrobat.
- Who Owns
Online Courses and Course Materials?: Intellectual Property
Policies for a New Learning Environment, Carol Twigg (Pew Memorial
Trust, 2000).