| SUBJECT: | LEGAL SERVICES | TITLE: | EDUCATIONAL USE OF
COPYRIGHTED WORKS |
| CODING: | 00-01-90-50:05 | ADOPTED: | 08/31/99 | AMENDED: | 08/31/99 |
B. This policy covers all copyrighted works of others that
are incorporated in University
documents, publications, courses
and computer files.
C. Use of copyrighted works under this policy include, but are
not limited to: (1)
reproduction of the work;
(2) distribution of the work to others by sale, rental, lease
or broadcasting; (3) performance of
the work in the case of performing arts, audio and
audiovisual work; and (4) displaying
the copyrighted work, including audiovisual works
by broadcasting and on Web sites.
Written permission from the owner of the copyright
is required in all these instances.
B. University faculty, staff and students shall respect
the legal rights of owners of
copyrights. This includes
the use of the materials of others in courses, publications,
journals, research projects,
videos, computer software, video tapes, conference
presentations, etc.
C. It is the policy of the University of Medicine and Dentistry
of New Jersey (UMDNJ) to
adhere to the requirements of
the United States Copyright Law of 1976, as amended
(Title 17, United States Code,
hereafter referred to as the “Copyright Act”). This
policy applies only to copyrighted
materials. Uncopyrighted materials may therefore
be copied without restriction.
Works authored by the United States Government or
by some states are not copyrighted.
Works published after March 1, 1989 do not
require a copyright notice
and should therefore be resumed to be under copyright
protection. States
and their instrumentalities are liable for violations of the Copyright
Act and all remedies for copyright
infringement apply to states as well as to private
individuals (PL 101-553).
The University does not condone copyright infringement by
any UMDNJ faculty, staff or student;
individuals who violate copyright are not
protected by the University and
may be subject to University disciplinary actions, civil
litigation and/or criminal prosecution.
Files belonging to the University or any
University employee and containing
copyrighted material may be subject to subpoena.
D. It is the policy of UMDNJ to invoke the doctrine of “Fair
Use,” as defined by Section
107 of the Copyright Act, in order
to enable legal copying of copyrighted materials by
faculty, staff and students
without seeking the permission of a copyright holder and
without the payment of royalty
fees to the copyright holder. “Fair Use” for educational
purposes may not be automatically
invoked simply on the basis of copying copyrighted
material for educational
purposes nor on the basis of such copying being made by a
non-profit organization.
Each claim of “Fair Use” must instead be evaluated against
four criteria:
1. the purpose and character of the use;
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 copyrighted
work.
Guidelines for "Fair Use" are discussed in Section V below.
A. Faculty and Classroom Copying of Copyrighted Material
1. Single copying
A single copy may be made by a faculty member or staff member (or for a
faculty
or staff member at his/her individual request) of any of the following:
a. a chapter from a book;
b. an article from a periodical or newspaper;
c. a short story, short essay or short poem, whether
or not from a collective
work;
d. a chart, graph, diagram, drawing, cartoon or picture
from a book, periodical
or newspaper.
“Systematic” copying of single articles that has the cumulative effect
of
copying an entire journal issue or volume without permission from the
copyright holder or without payment of royalty fees is a violation of the
Copyright Act and constitutes a criminal act.
2. Multiple
copying for classroom use Multiple copies (no more than one copy per
student in a course) for classroom use or discussion may be made by or
for a
faculty member giving the course, provided that:
a. the test for brevity and spontaneity as provided in the examples below is met;
b. the cumulative-effect test as defined below is met; and
c. each copy includes a notice of copyright.
Any copying of copyrighted material which exceeds these limits must have
the
written permission of the copyright holder or royalty fees must be paid.
3. Examples of “brevity” are:
a. Prose: either a complete article, story or essay of
less than 2,500 words or an
excerpt from any prose work of not more than 1,000 words or 10 percent
of
the work, whichever is less, but, in any event, a minimum of 500 words.
Each of these numerical limits may be expanded to permit the completion
of
an unfinished line of an unfinished prose paragraph.
b. Illustration: one chart, graph, diagram, drawing,
cartoon or picture per book
or periodical issue.
c. Special works: Certain works in prose often combine
language and
illustration and fall short of 2,500 words in their entirety. Such
special works
may not be copied in their entirety, but an excerpt comprising not more
than
two pages and containing not more than 10 percent of the words found in
the
text may be copied.
4. Examples of “spontaneity” are:
a. The copying is an immediate need as a result of the
inspiration of the
individual faculty member.
b. 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 to copy
from the copyright holder.
5. Examples of “cumulative effect” are:
a. The copying is for only one course in the school.
b. Not more than one short article, story or essay or
two excerpts is copied
from the same author, nor more than three from the same collective work
or
periodical volume during one class semester.
c. There are not more than
nine instances of such multiple copying for one
course during one class semester.
a. copying used to create, replace or substitute for
anthologies, compilations or
collective works, regardless of whether copies of various works or excerpts
therefrom are accumulated or are reproduced and used separately;
b. copying of or from works intended to be “consumable”
in the course of study
or of teaching. These include workbooks, exercises, standardized
tests, test
booklets, answer sheets and similar consumable materials.
c. Copying:
(1) to substitute for the purchase of books, publishers’
reprints or
periodicals;
(2) that is directed by higher authority (e.g., a faculty
member directing
his/her students to copy an article);
(3) which is repeated with respect to the same item by
the same faculty
member from semester to semester.
(4) where costs and charges for copying are charged to
the student beyond
the actual cost of the photocopying.
B. Music and Audiovisual Use in the Face-to-Face Classroom
If copyrighted
music or audiovisuals are used in a face-to-face conventional class,
some utilizations
may be made under "Fair Use." No more than ten percent of a
copyrighted
work of music may be used, but not repeated for the course in the next
semester, unless
permissions have been obtained from the copyright holder. Under
provisions of
Section 110 of the Copyright Act, a lawfully obtained copyrighted film
or videocassette
not labeled “Home Use Only” may be aired in a face-to-face class,
provided that
such airing is within the scope of the educational intent of the course.
No copy of such
a film or videocassette may be made without first securing the
permission of
the copyright holder.
C. Individual (and Student) Copying of Copyrighted Material
UMDNJ has no
mechanisms to monitor photocopying. For this reason, UMDNJ
photocopy machines
(including self-services machines) have posted warnings that
the copying
of copyrighted materials is subject to the Copyright Act.
D. Copy-Center Copying of Copyrighted Material
The UMDNJ Department
of Supply, Process and Distribution may legally provide
faculty and
staff with single or multiple copies of copyrighted materials that meet
the
guidelines outlined
in Section V.A above. The Department of Supply, Process and
Distribution
reserves the right to refuse to make copies of materials when such
copying, in
its judgment, is not in compliance with the Copyright Act. UMDNJ
faculty, staff
and students are also advised that they, as individuals, remain
responsible
for compliance with the Copyright Act when they make use of
off-campus copy
vendors.
E. Library Copying of Copyrighted Material
1. Internal library copying
“This material may be protected by copyright
law (Title 17, U.S. Code).”
The UMDNJ Libraries will not make
multiple copies under any circumstances.
The Libraries may make one copy
of a copyrighted journal article for placement
on reserve for class use upon
receipt of a written request of the course teacher.
Each copy thus made shall bear
the following notice:
“This material may be protected
by copyright law (Title 17, U.S. Code).”
The UMDNJ Libraries will
not make multiple copies of articles for placement in
the Reserve Collection.
The Libraries reserve the right to refuse to make copies
of copyrighted materials
which are not in compliance with the Copyright Act.
2. Inter-library loan
Libraries may also be liable
under the law for acquisition of copyrighted
materials obtained via inter-
library loan from other libraries. The inter-library
loan convention permits
the securing of, for example, photocopied journal
articles from other libraries.
This convention, set forth by the Commission on
New Technological Uses of
Copyrighted Works (CONTU), permits as "Fair
Use" the annual request
of a maximum of five journal articles per journal title for
the then-current five-year
period. Paper records and computerized records of
inter-library loan requests
shall be retained by the UMDNJ Libraries for a
period of three years.
Copying of copyrighted
materials for broadcast purposes, including broadcasts
utilizing copyrighted
printed works, video, music or other recordings, whether for
“live” video broadcasts
or pre-recorded video programs, presents a special set of
problems with regard
to copyright compliance. The UMDNJ environment has at least
four specific areas
of broadcast activity which must be considered: closed-circuit,
interactive, distance-learning
classes; closed-circuit medical consultations and peer
conferences; educational
offerings or conferences which are broadcast to the external
environment by satellite
or other broadcast means; and Web-based, distance-learning
courses. In the case
of closed-circuit broadcasts, it is assumed that such broadcasts
are not-for-profit and are
aired from a specific classroom, conference room or
consultation room at a specific
site (e.g., UMDNJ Campus). If programs containing
copyrighted materials are
aired for commercial gain by UMDNJ, "Fair Use" may not
be invoked and permissions
from all copyright holders must be obtained. The
guidelines below refer to
only those airings which incorporate copyrighted material.
1. Closed-circuit, live, interactive, distance- learning classes
a. Display or copying of copyrighted materials for closed-circuit,
live,
interactive, distance-learning classes shall closely follow "Fair Use"
guidelines
for print materials as described in Sections V.A.1 and 2 above. Each
such
class shall begin with a text screen that states:
“This class session may contain copyrighted material legally available
to this
class session as set forth in Title 17 of the United States Code.” Copies
of
such a broadcast may not be made by the host nor by the receiving site
unless permission to do so has been granted by the copyright holder.
b. A teacher having used a specific copyrighted item
under terms of “Fair Use”
in a closed-circuit, live, interactive, distance-learning class session
may not
use that item in a following class session, nor from semester to semester,
unless specific permission to do so has been granted by the copyright holder.
c. As in the case with face-to-face conventional classroom
use of copyrighted
material, students at both the host classroom and the receiving classroom
in a
closed-circuit, interactive, distance-learning class may be provided with
copies of printed or graphic (but not music nor audiovisual) copyrighted
material (one copy per student). Each copy provided must bear the
following
copyright statement:
“This material may be protected by copyright law (Title 17, U.S. Code).”
d. If copyrighted music or audiovisuals are used in a
closed-circuit, interactive,
distance-learning class, some utilization may be made under "Fair Use."
No
more than 10 percent of a copyrighted work of music may be used, but may
not be repeated for the course in the next semester unless permission has
been obtained from the copyright holder (see Section V.B above).
Under
provisions of Section 110 of the Copyright Act, a lawfully obtained
copyrighted film or videocassette not labeled “Home Use Only” may be aired
to a closed-circuit, interactive, distance-learning class, provided that
such
airing is within the scope of the educational intent of the course.
No copy of a
closed-circuit, live, interactive, distance-learning class containing such
a film or
videocassette may be made without first securing permission of the copyright
holder.
e. In any closed-circuit, live, interactive, distance-learning
class session which
utilizes copyrighted material, it is the responsibility of the faculty
member to
assure that such utilization is lawful.
2. Closed-circuit, live, medical consultations and peer conferences
a. Closed-circuit, live, peer conferences or medical
consultations may make
use of print or graphic (but not music or audiovisual) copies (one copy
per
conference attendee) of copyrighted material. Each copy provided must
bear the following copyright statement:
“This material may be protected by copyright law (Title 17, U.S. Code).”
b. Assurance of copyright compliance is the responsibility
of the moderator of
such closed circuit, live consultations or conferences.
c. If copies are to be made of such live consultations
and peer conferences
which include copyrighted material, permission must be obtained from the
copyright holder.
a. In the case of all
external-environment, for-profit, live or for-profit,
pre-recorded broadcasts, regardless of educational intent, all uses of
copyrighted material must be accompanied by permission from the copyright
holder or his/her/its royalty-and-permissions agent. Additionally,
if copies
are to be made of such broadcasts, permission to copy must be obtained.
Non- authorized copying of such broadcasts is illegal.
b. In the case of external-environment,
not-for-profit, educational, live
broadcasts which make use of copyrighted material, the same rights and
prohibitions as outline in Section V.F.1 above may apply. If subscription
and/or licensing fees are assessed to the recipient of such broadcasts,
the
broadcasts are for-profit and thus subject to permission and the payment
of
royalties. In any event, copies may not be made of such broadcasts
without
the permission of the copyright holder or his/her/its royalty-and-permissions
agent.
c. In the case of all
external-environment, pre-recorded broadcasts,
permission must be obtained for use of all copyrighted material.
A
pre-recorded broadcast must include a list of all copyrighted material
and
the statement of permission for that material. Additionally, copies
may not
be made of such broadcasts without the permission of the copyright holder
or the royalty- and-permissions agent.
a. All uses of copyrighted material must be accompanied
by permission from
the copyright holder or the appropriate royalty-and-permissions agent.
Copyright material may include printed works, videos, music or graphics.
The document should include a list of all copyrighted material and the
statement of permissions for that material.
b. If the students involved in the Web-based, distance-learning
courses are
provided with copies of printed or graphic material, permission to copy
must be obtained.
c. Permission must be obtained for copying of the digitalized
material and any
distribution to others.
d. Links may be made to other Web sites. However
the material on other
Web sites may not be copied without permission.
e. If the course is given only once, if the copy meets
the tests for brevity and
cumulative effect, and if each copy has a notice of copyright, then the
material may be used without obtaining permission.
Computer-related
copying may take many forms, such as copying of software,
printing
of items from computerized files, and downloading of computerized files
or
items
from computerized files to hard disk or to diskette. Many items within
computerized
files are copyrighted or are subject to licensed control. Users of
computers
must exercise care in the use of such materials. The following guidelines
relate
only to the copying of copyrighted or licensed materials.
Software operating systems
and application programs should be considered
copyrighted material unless
they are termed “free-ware” or “public domain”
by their producers and manufacturers.
In most cases, a software program
carries a license to which
the purchaser agrees upon purchase or at the time of
the software's installation.
It is customary for software producers to permit the
creation of one archival
or “back-up” copy for each installation permitted by the
license. A license
may be for one installation or for multiple installations of a
specific software program.
Copies of licenses for software programs which are
purchased by UMDNJ departments
or individuals shall be kept on file within
the department or by the
individual as long as the software is in use. Certain
basic utility and applications
programs are made available to UMDNJ
individuals and departments
as “site license” programs. Such site- licensed
programs will generally
have only one license for the campus or for the
institution as a whole.
Licenses for such programs are kept on file centrally at
the Campus or University.
a. Copying,
adapting and electronic transmission of computer software is
strictly forbidden by UMDNJ personnel and students, except:
(1) in strict compliance with Public Law 96-517, Section
10(b) which, in
amending Section 117 of Title 17 (U.S. Code) to allow for the
making of computer software back-up copies, states (in part) “...it is
not an infringement of the owner (purchaser) of a copy of a computer
program to make or authorize the making of another copy or
adaptation of a computer program provided:
(a) “that such a new copy or adaptation is created as
an essential
step in the utilization of the computer program in conjunction with
a machine and that it is used in no other manner, or
(b) “that such a new copy and adaptation is for archival purposes
only and that all archival copies are destroyed in the event that
continued possession of the computer program should cease to
be rightful.”
(2) where appropriate, written consent from the
copyright holder is
obtained;
(3) where the software is in the public domain
or is “free-ware,” and that
fact can be verified.
(a) Illegal copies of software may not be used on UMDNJ
computers.
(b) Software (whether on tape or CD-ROM) may not be
installed so as to permit multiple use or multiple-site use unless
such permission is granted by the software license itself, or
granted by the copyright holder or royalty-and-permissions
agent.
b. Care must be exercised in the copying of
material found in other home
pages on the Internet. Some
home pages may contain copyrighted
materials but may neglect
to inform visitors to their Web sites or home
pages of the presence of
such copyright protection material. It is the
position of UMDNJ that the
presence of such copyrighted material is the
responsibility of the owner
of the Web site or home page, and liabilities
for copyright non-compliance
must rest with that owner. UMDNJ home
pages and Web sites may
not include copyrighted material unless
permission has been granted
by the copyright holder or the
royalty-and-permissions
agent.
c. Legally obtained copies of copyrighted materials
may legally be scanned
by use of telefacsimile
equipment or by use of scanners attached to
computers for purposes of
transmission. Materials thus copied must bear
the following statement:
“This material may be protected by copyright law (Title 17, U.S. Code).”
“This material may be protected by copyright law (Title 17, U.S. Code).”
Faculty, staff
and students shall carefully consider the use of copyrighted material in
all works prepared
by them. This includes any copyrighted work of others
incorporated
in journal articles, books, courseware, software, video and conference
material created
for academic research as well as educational purposes. Faculty and
staff are required
to obtain permission and/or licenses from the copyright owner in
order to reproduce,
publish, distribute or display the copyrighted work.
I. Legal Advice Regarding Copyright
Before any UMDNJ
faculty, staff or student takes action or causes action to be
taken that could
possibly infringe any “exclusive right in copyrighted works” that are
not exempted
under the law or are not clearly “Fair Use” under the guidelines
delineated above,
the matter must be submitted in writing to the UMDNJ Office of
Legal Management
for legal advice. Submissions in writing must include:
2. a description of the use/action contemplated
or anticipated that could possibly
cause the infringement;
3. an explanation as to why the use/action is
necessary and how it is of benefit to
UMDNJ; and
4. all related pertinent materials, including
timelines and deadlines that have a
bearing on the amount of
time available for rendering the legal advice.
Permissions for copyrighted
materials may be obtained through a variety of
mechanisms. For most
of the journal literature, permissions information is available at
the Copyright Clearance
Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA
01923, telephone (508)750-8400,
fax (508) 750-4744. Many book publication
permissions may be obtained
at CCC as well. Music permissions information may
generally be obtained from
ASCAP, One Lincoln Plaza, New York, NY 10023,
telephone (212) 621-6000,
or BMI, 320 W. 57th Street, New York, NY 10019,
telephone (212) 586-2000.
Information on intellectual property and related matters
may be obtained from the
International Confederation of Societies of Authors and
Composers (CISAC) (home
page http://cisac.org). Many book and software
permissions may be obtained
by writing directly to the author. Publishers of books
frequently provide addresses
for their authors.
By Direction of the President:
_____________________________
Vice President for Legal Management
_____________________________
Vice President for Academic Affairs
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