The purpose of this policy is to provide guidelines to the ENMU community regarding the lawful uses of copyrighted works made available within or through the library. Copyright protection applies to the reproduction, alteration, distribution and performance of a variety of creative works, including printed material, sound and video recordings, visual artwork and software. This policy has been updated to include information since the passage of the Digital Millennium Copyright Act(DMCA), the Sonny Bono Copyright Term Extension Act and the Teach Act.
Copyright is a form of legal protection for authors of original works. Any original expression is automatically copyright-protected as soon as it is fixed in a tangible form (paper, disk, computer file, video recording, etc.). Neither publication nor registration is essential for a work to be copyright protected, e.g., most of the material available on the Internet is copyright protected, even if no © notice or warning is displayed. While certain uses of copyrighted material are exempt from infringement liability, as discussed below, any use in excess of permitted exemptions requires that permission first be obtained from the copyright owner. Permission may involve payment of a royalty fee to the copyright owner. When in doubt, always inquire about the status of an item or obtain permission.
Exemptions: Items that are not copyright-protected may be freely used without permission. These include:
In some cases, permission to use material, for prescribed purposes, is granted within the work itself, e.g., at the end of a web page, in the front matter of a book or a freeware software agreement.
Duration of Copyright
Copyright protection depends upon when an item was created or published. Copyright term limits are as follows:
The Copyright Act, section 106 gives copyright owners the exclusive right to do and to authorize others to do the following:
Although the rights named above are exclusive to copyright owners, they are not absolute. Nonprofit educational institutions whose primary focus is to support research and instructional activities of educators and students for noncommercial purposes are permitted limited uses that are exempt from infringement liability.
The fair use doctrine of the Copyright Act permits reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research. Each proposed use must consider the following four factors to determine fairness:
Multiple copies made for classroom use must each include a notice that the material is copyrighted. Copying to create, replace or substitute for anthologies, compilations or collective works is not a fair use. Copying of or from works intended to be "consumable" in the course of teaching (workbooks, standardized tests, etc.) is also not a fair use.
Golden Library's Electronic Reserves System guidelines will adhere to the fair use test factors discussed above. Assuming that a request meets the four-factor fair use test, that request is also subject to the following limitations:
The circumvention of any effective technological prevention measure, password or form of encryption used by a copyright holder to restrict access to material is prohibited.
Students and faculty may incorporate the works of others into a multimedia work when producing their own educational multimedia projects for a specific course or as teaching tools in support of curriculum-based instruction activities. The multimedia work may be displayed and performed in conjunction with or creation of a class assignment, curriculum material, examination, student portfolio and professional symposium, subject to the time, portion, copying and distribution limitations listed below. Multimedia projects may also be created and displayed in real-time remote courses, provided there are no technological limitations on access to the multimedia project and that technology prevents copying of the copyright-protected material. All other uses require permission from all owners of the various media included in a multimedia project.
Taping of Television and Radio Broadcasts for Educational Use
Taping is permitted, if:
Golden Library prohibits the improper copying, distribution or use of contractually protected or copyrighted computer software from library computers, or in conjunction with circulating library material. Licensed software is purchased according to the number of computers on which it can be used and/or the number of users permitted to access it. Permission of the copyright owner must be obtained in order to use restricted software on computers or sites to which it is not licensed.
Distance Learning (Section 110)
Limited educational use of copyrighted material has always been permissible in face-to-face teaching. Educators were also allowed to "perform" certain, very limited types of works via distance learning, if the transmission was received only in classrooms or similarly designated instructional locations. The TEACH Act now permits the following exemptions for distance learning, notwithstanding the provisions of section 106:
Copyright protection may apply to text, photographs, graphics, cartoons, music, movie clips, etc., found on the Internet, as well as email. One should assume that all material found on the Internet is copyrighted. Placement of a work on a site with the copyright owner's permission does not mean that the copyright owner has given viewers of the site permission to use the work. Any use of copyrighted material found on the Internet is subject to the same fair use limitations discussed above. When in doubt, obtain permission. Always provide a proper citation or credit to the source.
The DMCA exempts any online service provider or carrier of digital information (including libraries) from copyright liability because of the content of a transmission made by a user of the provider's system, e.g., the user of a library computer. And, it enables providers to avoid copyright infringement liability due to the storage of infringing information on their own computers, or the use of "information location tools" and hyperlinks, if the provider acts "expeditiously to remove or disable access to" infringing material identified in a formal notice by the copyright holder (DMCA.)
Section 108 of the U.S. Copyright Act permits fair use copying of one article or other combination from a copyrighted collection or periodical issue, or a small part of any other copyrighted work as long as the copy in question becomes the property of the requester, its use is limited to private study, scholarship or research, and the copyright warning is prominently displayed.
Five articles is the maximum number of photocopies that can be requested from the most recent five years of a periodical to which the library does not subscribe. Requests in excess of the five-in-five rule require payment of a royalty fee. Golden Library contracts with various document delivery vendors and the Copyright Clearance Center to handle permissions and the collection of royalty fees, whenever necessary.
If a library user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. Golden Library reserves the right to refuse to accept a copying request if, in its judgment, fulfillment of the request would involve violation of copyright law.
Nothing in Section 108 shall be construed to impose liability for copyright infringement upon a library or archives, or its employees, for the unsupervised use of reproducing equipment located on its premises, providing such equipment displays a notice in dictating that the making or distribution of a copy may be subject to the copyright law.
Any patron who willfully disregards the copyright policy does so at his/her own risk and assumes all liability.
The following sources were consulted in preparing and updating this policy:
ALA's DMCA and Teach Act Web Page
Applying Fair Use to New Technologies, Education World, 2003
Conference on Fair Use Final Report (CONFU Guidelines)
Digital Millennium Copyright Act, 1998
Educational Multimedia Copyright, PBS Teacher Source, 2003
Fair Use Guidelines for Educational Multimedia, ADEC, 2002
Is Fair Use a License to Steal?, Education World, 2003
Sonny Bono Copyright Term Extension Act
TEACH Act, 2002
Title 17, U.S. Code, Copyright Law of the USA, 1978
The information constituting this copyright policy was compiled by Golden Library. Questions concerning the use of copyrighted material owned, borrowed, loaned, reproduced or distributed by the library for the benefit of library patrons should be addressed to Golden Library.
For copyright questions not related to the uses described above, please consult ENMU's Office of General Counsel or an attorney.