General Rule of Copyright

In most cases, the only copyright denials we get are from publishers of books that are IN PRINT. When a book is in print, they usually only allow 10% or less to be photocopied. Some publishers allow up to 20%, but it is not the norm.

Fair Use

The doctrine of "Fair Use" allows for photocopying of copyrighted works without the copyright owner's permission in very limited situations. There is no precise formula for determining whether a use is "Fair Use." One important note: "Fair Use" can only be used the FIRST TIME you are using an article. Once you have used in in your class, you need to get permissions for any future uses. The Fair Use doctrine establishes four basic factors to be examined:

1.The purpose and character of the use, including whether such use is of a commercial nature, or is for non-profit educational purposes;

2.The nature of the copyrighted work;

3.The amount and substantiality of the portion of the work used in relation to the work as a whole; and

4.The effect of the use in question upon the potential market for, or value of, the copyrighted work.

No one factor is determinative under the law. The application of these factors by faculty and staff who wish to make multiple copies for educational / classroom use must be determined on a case by case basis.

In most instances, the four factors alone fail to provide faculty and staff with a precise determination. The fourth factor, however, tends to weigh AGAINST a finding of "Fair Use," as multiple copies generally deprive the copyright owner of a sale.

To address this ambiguity, several organizations (including the Association of American Publishers and the Authors League of America) have drafted an agreement on guidelines specifically for classroom copying, which are not adopted as law, but have generally been cited with approval by the courts and legislature. These guidelines are discussed under Uniform Copying Guidelines, below.

Copying Guidelines

The following guidelines are based upon the "Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions With Respect to Books and Periodicals." If these guidelines are not met, copyright permission should be sought. As set forth above, the CCO will process copyright clearances for all faculty and staff seeking copyright permissions, including reproduction of coursepacks for classroom use, and materials for seminars or conferences.

Restrictions:

There are some basic restrictions regarding the production of multiple copies for classroom or seminar use. Copying shall NOT:

- be repeated with respect to the same item, by the same instructor, from term to term.

- be used to create or to replace. . . anthologies, compilations, or collective works.

- substitute for the purchase of books, publisher's reprints, or periodicals.

- be directed by a higher authority (i.e., copying must be at the inspiration and direction of the individual instructor).

- be of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized test booklets and answer sheets.

Permitted Copying:

In order to use multiple copies without seeking permission, the use must be brief AND spontaneous.

Brevity is summarized as follows:

Poetry--- (a) a complete poem, if it is less than 250 words and if it is printed on not more than two pages, or (b) from a longer poem, you
may make an excerpt of not more than 250 words.

Prose--- (a) either a complete article, story, or essay is allowed if it is less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is less, but in any event, a minimum of 500 words.

Illustrations--- one chart, diagram, drawing, graph, cartoon, or picture per book or per periodical issue.

Special works--- works that combine text with illustrations such as children's books or poetry. No more than 10 percent of the words in the text may be used without permission.

Spontaneity is defined as follows:

If the work is used only once and "the inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission."

If the use of a work does not comply with these standards of brevity and spontaneity, permission from the copyright holder is required.

Cornell Store / Cornell Library Collaboration Project

There are hundreds of Journals that allow royalty-free printing under our Cornell subscription contracts for Electronic Journals. This means printing of these articles cost as low as .06 per page. (print cost only) Students pay .10 per page in the Library.

Copyright FAQ

I'm making copies to distribute to my class, do I need permission? Educational use alone is not sufficient to make a use in question a fair one. The copying will fall within the certain "fair use guidelines" if it meets agreed standards of spontaneity, brevity and cumulative effect. Copies of the AAP guidelines are available through us entitled, "Questions and Answers on Copyright for the Campus Community." A good example of legal copying could be if a professor read an article in the morning newspaper, and wanted to distribute it in class that afternoon. However, reuse of the article each semester without first receiving permission would not be covered by the guidelines.

I'm copying less than ten percent of the book, why do I need permission? It is a myth that one can copy anything, as long as it is less than ten percent of the work. This is not true. The copying must fall within all parameters of the fair use doctrine, and to fall within the guidelines, the elements of spontaneity, brevity and cumulative effect must each be met.

Why do I need permission when I wrote the book? The author of the book is not necessarily the owner of the copyright. If the publisher, by contract, holds the particular rights for reproduction, then ¿ for uses that are not "fair" ¿ the author should contact the publisher.

The book is out of print, is permission needed? Just because the book is out-of-print does not mean that the work is no longer protected by copyright. It is best to contact the publisher's copyright permission department to determine whether the work is still under copyright or in the public domain.

I used this material last semester with permission. Do I need permission again this semester? Yes. Unless the terms of the permission extend beyond one-time use. You must check to see if the publisher restricted or permitted, or put conditions on, reuse.

Do I need permission if there's no copyright notice on the material? The absence of a copyright notice does not mean that the work in question may be freely copied. Copyright protection begins at creation for "original works of authorship fixed in a tangible medium of expression". The best method for determining copyright ownership is by contacting the publisher of the work that you wish to copy.

Classes start next week. If it takes 4-6 weeks to clear permission, does that mean my packets will have to wait that long? If a bookstore, copyshop or professor sells or distributes copyrighted materials that have been improperly copied, they can be subject to a lawsuit, found liable for copyright infringement and subjected to all penalties and remedies for the infringement. If faculty request course materials at the same time they place their book orders, permission should easily be cleared in time for the start of classes. However, this is dependent upon the particular publisher's permissions process as well as the timing of the faculty request.

If we think we will get permission to copy, do we have to wait for the publisher's response before we start? The absence of a response does not qualify one to copy. You should not commit to use the material before receiving permission.

Why do we have to apply for permission so far ahead of time? The earlier your request is received, the better, to permit the publisher to review its author's contract and complete its processing, and in case permission cannot be granted and you need to substitute other materials. Publishers do not always control the rights and need time to check the extent to which permission may be granted,the status of the copyright, the materials to be duplicated and assignment of author's royalties, if fees are involved. The use of on-line services is making the clearance process easier.

Just what exactly is "fair use"? The Doctrine of "Fair Use" under the U.S. copyright law permits, in limited situations, the use of portions of a copyrighted work without the copyright owner' permission. Four basic factors must be examined in determining whether a use is a "fair use": the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole; and the effect of the use in question upon the potential market for or value of the copyrighted work. No one factor is determinative of a person's right to use a copyrighted work without permission. However, certain "guidelines" have been recognized that indicate uses thought to be "fair"; these are available through the AAP and National Association of College Stores booklet entitled, "Questions and Answers on Copyright for the Campus Community."

Can we copy without permission if we can't identify the copyright owner? There is no automatic exemption for making unauthorized copies of a copyrighted work. If there is no page showing who owns the copyright, year of publication and publishers' name, you may obtain such information from numerous sources available in any library and college stores.

I need this item in my course pack, but I don't remember where I got it from. Can I use it anyway? It is likely to be protected by copyright. Thus, consideration should be given to whether the use is "fair" or if permission should be sought.

 

 

 

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