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Lucy Scribner Library

Scholarly Communication: Print Materials

Copyright - Print Materials

Part I - Print Materials

Multiple Copies for Classroom Use

Brevity
Spontaneity
Prohibitions
Reserve Use
Placing Entire Works or Large Sections of a Monograph on Reserve
Sheet Music
Interlibrary Loan

 

Multiple Copies for Classroom Use

 

For Classroom Use, Skidmore follows the American Library Association's Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use (1982). With respect to classroom uses, the Model Policy suggests the following guidelines:

  • The distribution of the same photocopied material does not occur every semester;
  • Only one copy is distributed for each student per course;
  • The material includes a copyright notice on the first page of the portion of material photocopied; and
  • Students are not assessed any fee beyond the actual cost of photocopying.

Furthermore, copying should meet the tests of brevity and spontaneity.

Brevity

Brevity as defined in the footnote is not necessarily appropriate to higher education's needs and it is generally accepted that colleges need more flexibility than the guidelines allow.

Spontaneity

  • The copying is at the instance or inspiration of the individual teacher, 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.

Overall, the photocopying should not have a significant detrimental impact on the market for the copyrighted work. Therefore,

  • The professor should restrict use of an item of photocopied material to one course
  • The professor should not repeatedly photocopy excerpts from one periodical or author without permission of the copyright owner. The classroom guidelines suggest that no more than one article, poem, story or essay may be copied from the same author and no more than three from the same collective work or periodical volume during one class term.
  • There should not be more than nine instances of multiple copying for one course during the class term.

Prohibitions

  • Copying shall not be used to create or replace or substitute for anthologies, compilations or collective works.
  • There shall be no copying of or from consumable works such as copyrighted workbooks, exercises, standardized tests and test booklets and answer sheets, etc.
  • Copying shall not:
  • Substitute for purchase of books, reprints or periodicals
    • Be directed by a higher authority (i.e. The Dean of Faculty cannot direct you to copy specific materials for your courses.)
    • Be repeated with respect to the same item by the same teacher from term to term.

Reserve Use

Skidmore follows the ALA Guidelines for Classroom Use in as much as our Reserves Service functions as an extension of classroom readings. These guidelines are also included in the Scribner Library Reserve Policy which is available with a sample permission form on the Library's Web Site.

  • It is reasonable to believe that fair use applies to the Library's reserve shelf to the extent that it functions as an extension of classroom readings or reflects an individual student's right to photocopy for his or her personal scholastic use.
  • The Library should own a copy of a work placed on reserve or
  • The Library may accept a copy of a work that is not in its collections from a faculty member.
  • Only one article from a single author, or three from the same collective work or periodical volume may be placed on reserve. Faculty members who wish to place more than three chapters from a collected work or monograph or more than three single journal issues on Reserve must seek permission.
  • Generally, the Library should not place more than five photocopies of a single article, reading, etc. on reserve, but factors such as the length or difficulty of the assignment, the number of enrolled students and the length of time given for completion of the assignment may permit the Library to place more than five photocopies on Reserve.
  • If faculty members wish to place material on Reserve for a second semester, they must seek permission to do so.
  • The Library will seek permission from the Copyright Clearance Center and will process and pay for the copyright privileges. If the item is not listed in the Copyright Clearance Center database, the item will be returned to the faculty member and he/she is responsible for seeking permission to place the material on Reserve. The Association of American Publishers provides guidelines for requesting copyright permission as well as a request form that can be printed out and used to fax or mail your request. See Appendix B of the College's Copyright Policy.

Placing Entire Works or Large Sections of a Monograph on Reserve

Sometimes a faculty member wishes to place multiple photocopies of an entire work on Reserve.

  • If the work is out of print, it is unlikely that the Library can obtain the work "for a fair price," and under Section 108(e) of the Copyright Act, the Library may either photocopy a works it owns or accept three photocopies from the faculty member.
  • If the work is still under copyright, the faculty member must seek permission from the publisher of the work. If the work is in print, the Library can only accept individual chapters (not to exceed 10% of the entire work during a single semester).

Sheet Music

A Faculty member can copy for classroom use or to have placed on Reserves:

  • An excerpt which is no more than 10% of the whole work and which does not comprise a part of the whole work that would constitute a performable unit such as a section, movement or aria.
  • The number of copies should not exceed more than one per student.
  • Copying cannot replace or substitute for anthologies, compilations or collective works.
  • Purchased printed copies may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics altered or added if none exist.
  • A copyright notice must appear on the printed copy.

Interlibrary Loan

The following section is derived from the CONTU (Commission on New Technological Uses of Copyrighted Works) Guidelines. While not the law, these guidelines provide some direction for libraries to follow. They pertain only to periodicals published within 5 years of the patronâs request. For older journals, wholesale copying is not permitted and the general Fair Use Guidelines (See Appendix A) should apply.

  • During a calendar year, the Library may not request more than six copies from a single periodical title. If the cumulative number of requests from students or faculty requires more than six copies, the Library will look at subsequently purchasing the title, but as an interim measure the ILL office will either pay copyright fees or use a commercial supplier. In either case the costs will be passed onto the patron only if the requests for six or more copies originate from the same patron.
  • With respect to any other material, including poetry and fiction anthologies, filled requests will not exceed six copies or phonorecords within a calendar year.