Answered By: Gabe Gossett
Last Updated: Jan 14, 2016     Views: 271

The text below is copied from WWU Use of Copyrighted Materials Policy

October 2002 USE OF COPYRIGHTED MATERIALS
INTRODUCTION
The introduction of copyrighted material is an issue of concern for the academic community. The impropiety of unauthorized copying is often overlooked by users in an educational setting.
Although copying all or a part of a work without obtaining permission may appear to be an easy and convenient solution to an immediate problem, such unauthorized copying frequently violates the rights of the author or the publisher of the copyright work. Unauthorized copying is contrary to the academic mission of teaching respect for the intellectual property of others.
Unauthorized copying places the university, copy centers, campus computer services, bookstore and faculty members at risk of legal action for engaging in illegal copying.
Western Washington University encourages faculty, staff and students to respect the intellectual property rights of others and to abide by copyright laws and guidelines. Western Washington University neither condones or authorizes copying in violation of U.S. Copyright Law (Title 17, U.S. Code and the Digital Millenium Copyright Act of 1998).
How should members of the WWU community determine the fair use of copyrighted materials for teaching, scholarship and research? Four different bodies of law will help in making a fair use determination:
  • The copyright section of the U.S. Constitution.
  • The current copyright statute, the Copyright Act of 1976.
  • Copyright decisions of the U.S. Courts.
  • The Digital Millennium Copyright Act of 1998.
Copyright statutes give proprietary rights to copyright holders and give fair use rights to educational users. The copyright statute regulates the balance between the rights of the copyright holders and the rights of the users. 
The rights of the copyright holders include:
  • The right to reproduce copies of the work in copies or phonorecords.
  • The right to prepare derivative works based on the copyrighted work.
  • The right to distribute copies or phonorecords of the work to the public by sale, lease, rental or lending.
  • The right to publicly perform the work (literary, dramatic, musical, choreographic works, pantomimes, motion picture or audiovisual work).
  • The right to publicly display the literary, musical, dramatic and choreographic works, pantomimes, and pictorial, graphic or sculptural works, including motion picture or audiovisual work.
  • The right to display sound recordings publicly by means of a digital audio transmission.
There are four types of use of a work:
  • Personal use of a copyrighted work for the intended purpose (reading a book).
  • Infringing use that violates one of the rights granted to copyright holders in Section 106 of the copyright statute.
  • Fair use is a use exception permitted by the copyright statute for the use of copyrighted material for such purposes as criticism, comment, news reporting, teaching or research.
  • Constitutional use of public domain material (uncopyrightable). Everyone has a constitutional right to use material in the public domain without limitation, even if it is contained within a copyrighted work.
MATERIALS COVERED BY COPYRIGHT
Copyright law protects authors of original works and applies to all forms of reproduction. Works may include musical, literary, dramatic and artistic products of expression. Copyright law protects any expression recorded in a tangible form in any medium, published or unpublished, from the moment of creation.
FAIR USE
Under Section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. The law does not clearly define the boundaries of fair use, and it is necessary to make a decision based on the following four considerations:
  1. The purpose and character of the use, including whether such use is of a commercial nature or for non-profit educational purposes.Non-profit, educational or personal use tips the balance in favor of fair use. Commercial use tips the balance in favor of the copyright owner and asking permission to utilize the copyright. Uses such as criticism, commentary, newsreporting and parodies fall in the middle.
  2. The nature of the copyrighted work. Is the work factual, informative or creative? If the material is factual, the balance is in favor of fair use. If the material is creative, the balance shifts to asking for permission. Copying a commercial work meant for the educational market (workbooks, textbooks) is less likely to be considered fair use.
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Amount is measured both qualitatively and quantitatively. Quantity must be evaluated relative to the length of the entire original and the amount needed to serve an objective. Use of a small amount of a work tips the balance towards fair use, a large amount tips the balance towards asking permission. Non-profit educational copying leans toward fair-use, commercial copying would require asking permission.
  4. The effect of the use on the potential market for or value of the copyrighted work. The greater the market effect, the less likely the use will be considered fair. If you make a use  which substitutes for the purchase of an original copy, then this factor weighs against fair use. If the use is educational or research, market effect may be difficult to prove. If the use is commercial, adverse market effect is presumed.
All four factors must be considered in each instance of the use of copyrighted material. Educational use alone is not enough to constitute fair use in the opinions of the courts.
Fair use applies to all copyrighted works regardless of the presentation media: print, electronic or multimedia.
Fair use applies only to the use of the copyright, not of the work. When a work is copied and put on the market, the copyright is used. Without permission, such a use is an infringement. A copyright can only be used with permission or under the factors of fair use.
Attempts to limit the fair use rights with quantitative guidelines are without statutory authority. Copyright holders cannot override fair use provisions by broad copyright notices or other notification provisions on the work.
CITATION OF THE SOURCE
When material is copied from another copyrighted source, the source must be clearly identified. Copies must include the book or journal title, the volume or issue, the date of the material, the page numbers, the publisher and the copyright year on the first page of the material. When making multimedia presentations or digitizing Web material, credit must be given to the original source of any copyrighted material used.
USE OF COPYRIGHTED MATERIALS IN THE CLASSROOM
A. Printed material
Any material copied from a copyrighted source must identify the source on the first page of the material and include a copyright notification.
1. Classroom material - multiple copies for classroom use
a. Multiple copies may be made by or for the teacher giving the course, for the 
classroom use or discussion, provided the fair use criteria are met for each use.Copies made of non-fiction material(s) first published no more than four months 
earlier shall be presumptively deemed fair use.
b. Only one copy per student in the class shall be copied.
c. If the amount or content of material exceeds the fair use criteria, permission must be 
obtained.
d. The copied material may be used only in one quarter and cannot be repeated from 
quarter to quarter without asking permission.
e. There shall be no copying of or from works intended to be "consumable" in the 
course of study or teaching. These include workbooks, exercises, standardized test 
booklets, answer sheets and like consumable materials.
f. Copying shall not substitute for the purchase of books, publisher's reprints or 
periodicals.
2. Student class manuals
Student class manuals sold at the WWU Student Bookstore are available to any customer 
and access to student class manuals is not restricted to students enrolled in the class. 
Permission is required for copyrighted material included in a student class manual.
Permission is not required for copyrighted material(s) included in a student class manual 
where such material is non-fiction first published no more than four months earlier, 
provided the number of copies available at the Student Bookstore does not exceed the 
number of students enrolled in the class. Such use shall be confined to one quarter.
B. Video and Sound Recordings
Section 110 of the Copyright Act of 1976 allows the performance or display of a work by 
instructors or pupils in the course of face-to-face teaching activities of a non-profit 
educational institution in a classroom or similar place devoted to instruction, unless the 
performance or display is given by means of a copy that is not lawfully made and the person 
responsible for the performance knew or had reason to believe the copy is not lawfully made.
1. The performance or display must also meet the following conditions:
a. The performance or display must be for educational purposes for students and 
educators.
b. The performance or display must be shown by students, instructors or guest lecturers.
c. A copyrighted motion picture videotape can be shown in the classroom for 
instructional purposes if no admission fee is charged.
d. The performance or display must be shown in a classroom or other school location.e. The performance or display must be shown in a face-to-face setting or where students 
and teachers are in the same building or general area.
f. The copy used must be a legitimate copy with the copyright notice included. Copies 
of commercial copyrighted videotapes cannot be made and shown in the classroom 
without permission.
g. Showing copies of a motion picture whose copyright has expired and charging 
admission fees is acceptable. If the copyright has not expired, charging admission is 
not acceptable without permission.
2. Making copies or recordings of broadcast programs must meet the following conditions:
a. Television programs may be recorded from broadcast or simultaneous cable 
transmissions to the general public, excluding premium pay programs (HBO, 
Showtime, Disney, etc.).
b. Taped television programs may be shown once and repeated once for reinforcement 
within ten teaching days of the broadcast. The videotape can be retained for forty-five 
calendar days from the date of the broadcast.
c. Recording must be made by the teacher or at the request of the teacher.
d. Programs may not be re-recorded at a later date, regardless of the number of times it 
is rebroadcast.
e. A limited number of copies may be made to meet the needs of several teachers.
f. Programs need not be used in their entirety but may not be edited or electronically 
altered or combined.
g. All copies must include the copyright notice as it appears in the program.
h. Institutions are expected to implement appropriate control procedures.
i. Copies of commercial copyrighted video tapes cannot be made and shown in the 
classroom. 
C. Multimedia Projects
These guidelines apply to the use of portions of lawfully acquired copyrighted works in 
educational multimedia projects which are created by educators or students as part of a systematic 
learning activity by nonprofit educational institutions.
1. Classroom presentation
a. Instructors and students may perform and display their own educational projects or 
presentations for instruction.
b. Educators may incorporate portions of lawfully acquired copyrighted works when 
producing their own educational multimedia projects for their own teaching tools in support of curriculum-based instructional activities at educational institutions.
c. Educators may perform and display their own educational multimedia projects 
created for curriculum-based instruction to students in the following situations:
" Face-to-face instruction
" Assignment to students for directed self-study
" Remote instruction for students enrolled in curriculum-based courses and located 
at remote sites, under the restrictions listed below (Portion Limitations).
d. Educators may perform or display their own educational multimedia projects in 
presentation to their peers, for example, at workshops and conferences.
e. Educators may retain educational multimedia projects created under these guidelines 
in their personal portfolios for later personal uses such as tenure review or job 
interviews.
2. Portion Limitations
Be conservative. Use only small portions of the copyrighted work of others.
3. Copies
Do not make any unnecessary copies of the multimedia work.
4. Citations
a. Include any copyright notice and copyright ownership information on the original 
material.
b. Include appropriate citations and attributions to the source.
c. Include a notice on the opening screen of the multimedia project, a notice that certain 
materials are included under the fair use exemption of U.S. Copyright law and have 
been prepared according to the fair use guidelines and are restricted from further use.
5. Electronic transmission or broadcast of classroom presentation
a. Instructors may broadcast multimedia presentations for remote instruction to students 
enrolled in curriculum-based courses and located at remote sites over the institution's 
secure electronic network, provided there are password access limitations and there 
are technological limitations preventing the making of copies.
b. Limit access to students enrolled in the class and administrative staff as needed. 
Terminate access at the end of the quarter
6. Videotaping and broadcast of classroom presentations
Videotaping of multimedia projects is acceptable for educational purposes such as student review or instruction.
7. Future use beyond Fair Use
Educators and students are advised to obtain copyright permission if their multimedia project 
containing copyrighted material could have broader dissemination beyond individual 
classroom use. It is strongly recommended that permission be obtained during the 
development process for each copyrighted piece rather than waiting until the completion of 
the project. Permission after completion is often much more difficult to obtain.
D. Music
1. Copying or performance of music in the course of educational activities.
a. It is permissible to make emergency copies to replace purchased copies which for any 
reason are not available for an imminent performance, provided purchased 
replacement copies are substituted in due course. Copying of sheet music or entire 
works can only be done for performances in emergencies.
b. For academic purposes other than performance, copies of excerpts of works may be 
made provided the excerpts do not comprise a performable unit (example: section, 
movement or aria).
c. The number of copies made should not exceed one copy per student.
d. A single copy of a performable unit (section, movement or aria) may be made if the 
work is out of print or unavailable except in a larger work for an instructor's scholarly 
research or in preparation for teaching a class.
e. All copies of printed works must include the copyright notice that appears on the 
original.
2. Recordings
a. Record student performances only for teacher or institutional evaluation or student 
portfolio.
b. Make one copy of sound recordings for classroom or reserve room use only.
E. Distance Education
More attention has recently been directed to copyright fair use in alternative classroom 
teaching methods (Web sites, broadcast transmission of videotaped material, digital 
streaming). The U.S. Copyright Office has completed a report examining the issues 
surrounding the use of copyrighted works in distance education. Revisions to current law 
have been proposed and are under review by Congress. In general, for the preparation of distance education material, in addition to applying the fair 
use criteria:
 Limit electronic access to the students enrolled in the class and administrative staff as 
needed.
 Terminate access at the completion of the class.
 Include copyright statement at the beginning of all distance education transmissions.
 Obtain permission for materials that will be used repeatedly by the same instructor for the 
same class.
 Obtain permission in advance for distance education material which has a potential of 
distribution beyond a single class or outside the university.
F. Computer software
Computer software is protected by copyright law. Under the law, you may make one archival 
copy for back-up purposes only. Other copying of computer software is prohibited by 
copyright law, with the general rule being "one licensed copy of software per one computer".
Fair use does not apply to computer software because there is generally no way to use "only 
part" of a software program. Most commercial software comes with a license agreement 
which controls the terms of the use of the program. The terms of the license agreement are 
usually very specific and should be referred to if there is a question about whether copying is 
allowed.
G. Library reserves
At the request of a faculty member, a library may photocopy and place on reserve selections 
from copyrighted works within the same restrictions governing the distribution of 
copyrighted materials in the classroom. 
If a request asks for one copy of material to be placed on reserve, the library may copy an 
entire article, an entire chapter or an entire poem. If the excerpt is larger, the original copy of 
the entire work may be placed on reserve.
The use of the copy in the library reserve is limited to one quarter. Material to be held on 
reserve for more than one quarter will require permission of the copyright owner.
H. Library copying
A library is allowed to make copies of copyrighted materials for its patrons under the 
following conditions:
 One copy can be made of a work if the copy is made without any purpose of direct or 
indirect commercial advantage, if the collections of the library are open to the public or 
to researchers, and if the reproduction includes a notice of copyright.
 One copy can be made of an entire work or a substantial portion made from a collection of the library or archives, if the library or archives has first determined, on the basis of 
a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot 
be obtained at a fair price. The copy must become the property of the user and the 
library or archive has no notice that the copy or phonorecord would be used for any 
other purpose other than private study, scholarship or research.
 The library displays prominently, at the place where orders are accepted and includes 
on its order form, a warning of copyright in accordance with requirements that the 
register of copyrights shall prescribe by regulation.
 The rights of reproduction and distribution in this section extend to the isolated and 
unrelated reproduction of a single copy or phonorecord of the same material on 
separate occasions, but do not extend to cases where the library or archives, or its 
employee is aware it is engaging in the related or concerted reproduction of multiple 
copies. This restriction applies whether the copies are requested by more than one 
individual or a single request is made for members of a group.
 The rights of reproduction and distribution in this section do not apply to a musical 
work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual 
work. An audiovisual work dealing with news is excepted under this section along with 
pictorial or graphic works published as illustrations, diagrams as part of copies 
reproduced under the restrictions listed above in sections 1, 2 & 3.

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