Photocopied materials placed on reserve at the Proctor Library must conform to the Copyright Law of the United States of America (17 U.S. Code; esp. 107-108). The “fair use” doctrine included in the Copyright Law provides for the reproduction of copyrighted materials without permission under certain conditions. In general, photocopying for educational purposes is considered “fair use” of material when it is limited according to the following guidelines, provided it meets the rule for spontaneity, brevity, and cumulative effect.
Brevity refers to:
- One chapter or 10% of a book, whichever is less.
- One article from an issue of a periodical, or up to 10% of the bound volume (usually spans 1-2 years).
- One short story, essay or poem from a single copyrighted work.
- One chart, diagram, graph, drawing, cartoon, or picture from a book, periodical or newspaper.
Spontaneity means that:
- The copy is at the inspiration of the individual teacher.
- The 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 permission request.
Cumulative effect means that:
- The photocopy is for only one course.
- The same photocopied item may not be used again without obtaining advance permission from the copyright owner.
- A maximum of 3 copies of any one particular article, chapter, poem, etc., may be placed on reserve (cf. “multiple copies” below).
- Only three items may be duplicated from a collective work or periodical volume.
Exceptions that allow one to copy more than the amount stated above:
- Items in the public domain such as government documents or works for which the original copyright has expired (typically 70 years after the death of the author): Ex., an 1870 edition of a play by William Shakespeare.
- Items for which the copyright holder has granted permission to photocopy more than the amounts given above.
Multiple Copies:
Under section 107 of the Copyright Act, it is possible to make multiple copies which constitute fair use, however, the following factors must be considered:
- The amount of material to be photocopied should be reasonable in relation to the total material assigned for one term of a course with regards to the nature of the course, its subject matter, and level.
- The number of copies made should be reasonable in relation to the number of students, the difficulty and timing of assignments and number of other courses that may assign the same material.
- The material must contain a notice of copyright.
- The effect of making the copy should not be detrimental to the market of the work.
Sources for obtaining permission:
Ultimately, if you determine that you need to seek permission from a publisher, there are relatively simple means available to do so.
First, we recommend that you email the publisher of the book, magazine, or journal explaining your need to place an item or chapter on reserve. Many Flagler faculty have received timely, and positive responses from publishers who sometimes will grant extended permission. Simply submit the positive response note with the item(s) to be placed on reserve at the circulation desk.
Second, one can set up a free account at the Copyright Clearance Center: http://www.copyright.com . While creating an account at CCC is free, you may at some point incur charges from a publisher to obtain permission. Please turn any invoices for such charges in to myself, or Michael Gallen, and the Proctor Library will cover the costs for you.
N.B. It is the personal responsibility of each instructor/professor to obtain permission from a copyright holder when circumstances dictate.
If you have any questions, please do not hesitate to call Jack Daniels or any of the other Reference Librarians of the Proctor Library at 819-6331.