U.S. copyright law (Title 17, United States Code) covers
printed and electronic materials, recordings, computer
programs, graphic designs, performances as well as handwritten
class notes and homework solutions - all manner of tangible
expression of creative enterprise. It governs how copyright
protected materials can be used and duplicated.
The law explicitly permits libraries and archives to
reproduce single copies of works for replacement and
preservation and to provide individuals with single copies of
works for their private use under certain conditions (Section
108). Except for a few specific classroom teaching situations,
copyright law generally obligates a teacher to seek the
permission of copyright holders before making and using
multiple copies of copyrighted works published within the last
95 years.
Instructors should also be aware that use of many
electronic resources (e.g. full-text journals or multimedia
works), is commonly governed by licensing agreements that
supplant "fair use" permitted by copyright guidelines.
However, since the general revision of Copyright Law in
1976, Congress has continued to modify the law to clarify how
educators can use copyrighted digital materials in classroom
environments. The principles of "fair use" continue to apply to
both print and other media, but it is now clear that
- educators may incorporate excerpts of copyright protected
material into their teaching materials;
- instructors can show performances, e.g., movies or have
students perform scripts, in their classrooms;
- copyright protected materials, such as movies and sound
recordings, can be included in transmissions to other
students involved in the same course in a distant learning
situation; and
- students can include excerpts of copyright protected into
homework assignments.
In all the above cases, it is required that copyrighted
materials used by an instructor are not available to the public
and the instructor must be associated with a non-profit
educational institution.
Library Policies
In order to protect Rensselaer Polytechnic Institute from
liability for copyright infringement the Research Libraries
have developed the following policies relating to the handling
of copyrighted and/or licensed materials for class reserve use
and the copying of materials for individuals:
- The Libraries will make single copies of copyrighted
materials for class reserve use in accordance with "fair use"
guidelines and Section 107 or for individuals in accordance
with Section 108 of US Copyright Law.
- The Libraries will not use materials for class reserve
purposes or make available through the Class Reserve database
resources whose copyright ownership and licensing agreements,
when applicable, cannot be accurately identified or fully
determined.
- The Libraries reserve the right in their judgement to
refuse to use materials for class reserve purposes or to make
available resources through the Class Reserve database that
might violate either copyright law or licensing
agreements.
- The Libraries will promptly remove from use and/or delete
from the Class Reserve database any material or electronic
resource they discover that might infringe copyright or
violate licensing agreements.
-
The Libraries reserve the right in their
judgment to refuse either to accept a photocopying request
that would involve a violation of copyright law or to make
available in Class Reserves such materials that might have
been duplicated in violation of copyright law.
- Final responsibility for obtaining and demonstrating that
copyright holder's permission for use either has been
received, is actively being sought, and/or that usage
complies with licensing agreements resides with the faculty
member requesting class reserve service.
Examples of "Unfair" or Illegal Use
Typical photocopying requests that are not "fair use" and
require obtaining the copyright holder's permission (and
usually entailing the payment of royalties) for use
include:
- An employee requests a single copy of a work on behalf of
a company's research office;
- A research associate wants to distribute copies of a
journal article he or she wrote to persons attending an
upcoming national conference, but the copyright notice at the
bottom of the page shows the article to be registered in the
publisher's name;
- An instructor wants to use the same photocopies of
readings she used for the same course last year;
- An administrator directs a secretary to photocopy and
distribute copies of the "Wall Street Journal's News In
Brief" section to all departmental staff daily;
- An assistant professor requests that three photocopies of
a chapter from a book be placed on Class Reserve in the
library for his class;
- An associate professor wants to have photocopies of
selected readings sold at the bookstore because there is no
satisfactory textbook available.
- An adjunct professor downloads a file from a library
database and posts it on her personal website for students to
read.
Maintained by Irving Stephens
