A.       Duplication of Copyrighted Materials With Permission

Copyrighted materials are generally thought of as books, magazines and other print materials.  However, non-print media also fall under copyright laws.  These include films, videotapes, computer software, and other magnetic media.

When copyrighted materials are submitted for duplication, they will be accompanied by a completed copy of the Copyright Release Form, which may be obtained in the instructional support services office, and a copy of any letter of permission received.

B.       Duplication of Copyrighted Materials Under Category of Fair Use

Fair use has generally been defined as the right to use copyrighted materials in a reasonable manner without consent of the author.  Guidelines for fair use are presented below.

If the instructor decides the duplication falls within the domain of fair use, he/she will check this section on the Copyright Release Form.  The fair use of duplication should be similar to the following examples, which Howard Community College (HCC) has indicated it considers to be within the domain of fair use because they do not infringe upon the rights or potential profits of the copyright holder.

1.       Single Copying for Teachers

A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

a.  A chapter from a book.

b.  An article from a periodical or newspaper.

c.  A short story, short essay, or short poem, whether or not from a collective work.

d.  A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

2.       Multiple Copies for Classroom Use

Multiple copies (not to exceed any more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion provided that:

a.  The copying meets the tests of brevity and spontaneity as defined below.

b.  Meets the cumulative effect test as defined below.

c.  Each copy includes a notice of copyright.

3.       Definitions

a.  Brevity

1)  Poetry

a)  A complete poem of less than 250 words and if printed on not more than two pages.

b)  From a longer poem, an excerpt of not more than 250 words.

2)  Prose

a)  Either a complete article, story or essay of less than 2,500 words.

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.

[Each of the numerical limits stated in poetry, 1), and prose, 2), above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

3)  Illustration

One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

4)  Special Works

Certain works in poetry, prose or in poetic prose, which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience, fall short of 2,500 words in their entirety.

[Prose, paragraph 2) above, notwithstanding such special works may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than ten percent of the words found in the text thereof, may be reproduced.]

b.  Spontaneity

1)  The copying is at the instance and inspiration of the individual teacher.

2)  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.

    c.  Cumulative Effect

1)  The copying of the material is for only one course in the school in which the copies are made.

[The limitations stated in 2) and 3) above shall not apply to current news periodicals and newspapers and current new sections of other periodicals.]

2)  Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.

[The limitations stated in 1) and 2) above shall not apply to current news periodicals and newspapers and current new sections of other periodicals.]

4.  Prohibitions to Single Copying for Teachers and Multiple Copies for Classroom Use (1 and 2 above)

Notwithstanding any of the above, the following shall be prohibited:

a.  Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works.  Such replacement or substitution may occur whether copies of various works or excerpts are accumulated or reproduced and used separately.

b.  There shall be no copying of or from works intended to be consumable in the course of study or of teaching.  These include workbooks, exercises, standardized tests, test booklets and answer sheets, and like consumable material.

c.  Copying shall not:

1)  Substitute for the purchase of books, publisher’s reprints, or periodicals.

2)  Be directed by higher authority.

3)  Be repeated with respect to the same item by the same teacher from term to term.

d.  No charge shall be made to the student beyond the actual cost of the photocopying.

C.       Materials Previously Copied Without Permission

Copyrighted materials, which were copied without permission prior to the passage of the HCC copyright policy, must be erased or destroyed within two years of the passage date of the policy unless they are covered by a completed copyright release form.

D.       Exception to These Procedures

Recognizing that HCC is committed to the concept of instructional improvement, it is apparent that faculty must be able to try out excerpts from numerous sources during developmental phases of their course development process.  Therefore, in the case of an approved instructional development project, faculty can be released from the provisions of these procedures during the developmental phase of their project by completing the appropriate section of the copyright release form.

E.        Suggested Software Guidelines

1.  Backup Copy

The Copyright Act is clear in permitting the owner of software to make a backup copy of the software to be held for use as an archival copy in the event the original disk fails to function.  Such backup copies are not to be used on a second computer at the same time the original is in use.

2.  Multiple Loading

The Copyright Act is most unclear as it applies to loading the content of one disk into multiple computers for use at the same time.  In the absence of a license expressly permitting the user to load the contents of one disk into many computers for use at the same time, it is suggested that HCC not allow this activity to take place.

Policy Manual Review/Revision:  7/1/00
President's Office Review:  4/20/05