Copyright

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Copyright

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Definition | Fair Use Criteria | Links to Copyright Information | Additional Resources in Richard Bland College Library | TEACH Act

Please remember that it is your responsibility to be familiar with the Copyright Law.

Definition

"Copyright: the exclusive, legally secured right to publish, reproduce, and sell the matter and form of a literary, musical, dramatic, or artistic work. Copyright is designed primarily to protect an artist, publisher, or other owner against any unauthorized copying of his works—as by reproducing the work in any material form, publishing it, performing it in public, filming it, broadcasting it, causing it to be distributed to subscribers, or making any adaptation of the work. A copyright supplies a copyright holder with a kind of monopoly over the created material, which assured him of both control over its use and the pecuniary benefits derived from it." (Encyclopedia Britannica Online)

Fair Use Criteria and Related Guidelines

Section 107. Limitations on exclusive rights: Fair Use
Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use, scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:

(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyright work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

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 chapter from a book; an article from a periodical or newspaper; a short story, short essay or short poem, whether or not from a collective work; and 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 in any event 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: the copying meets the tests of brevity and spontaneity as defined below; and meets the cumulative effect test as defined below; and each copy includes a notice of copyright.

3. Definitions:

Spontaneity: The copying is at the instance and 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. Cumulative Effect: The copying of the material is for only one course in the school in which copies are made; not more than one short poem, article, story, essay or two excepts may be copies from the same author, nor more than three from the same collective work or periodical volume during one class term; and there shall not be more than nine instances of such multiple copying for one course during one class term.

4. Prohibitions to the above: Not withstanding any of the above, the following shall be prohibited: 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 therefrom are accumulated or reproduced and used separately. 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 and test booklets and answer sheets and like consumable material. Copying shall not substitute for the purchase of books, publishers' reprints or periodicals. No charge shall be made to the student beyond the actual cost of the photocopying.

"Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals" from A Copyright Sampler (1966) edited by Wanda K. Johnston and Derrie B. Roark. Pages 199-202.

Links to Copyright information

United States Copyright Office (The Library of Congress)

Additional Sources in the RBC Library

The Richard Bland College Library has several materials on copyright. Search the catalog for copyright.

On November 2, 2002, the Technology, Education and Copyright Harmonization Act (TEACH Act) was signed into law by President Bush. The TEACH Act changes existing copyright laws for distance education courses in accredited, nonprofit educational institutions in the United States.

The American Library Association also provides information pertaining to the TEACH Act.

library@rbc.edu | Last Update: February 6, 2012