Overview of the Copyright Law

1. provide basic information about the copyright law, including the limitations of the "fair use" provision
2. provide references and resources that will assist you in obtaining permission
3. emphasize your responsibility to follow the provisions of the law

This fair use includes copying for criticism, comment, news reporting, teaching, scholarship and research. Each of these areas has specific tests for what constitutes fair use. Since the responsibility to stay within the letter and spirit of the law rests with the individual, and not with the institution, it is imperative that you know the fair use provisions of the law.

Fair Use for Teaching
The fair use provision gives teachers the privilege of photocopying copyrighted materials for classroom use and research without obtaining permission. Four factors govern this use. These include the purpose and character of the use, the nature of the material, the amount and content of the portion to be copied, and the affect on the potential market for, or value of, the copyrighted material.

Two general types of copying are permitted as fair use. One is for preparation for teaching or scholarly research. This copying is for a teacherís personal and immediate use; fair use allows one copy of a portion of a work such as a chapter from a book, an article from a newspaper, a picture, or a short story from a collective work. The second is for one-time classroom distribution. There are specific conditions that must be met for this to be fair use. They are summarized in the guidelines that follow.

Guidelines to Follow for Copying

The Brevity and Spontaneity Test: The copying must be at your inspiration, not required by your curriculum, must be brief in comparison to the length of the work, and the time between your decision to use the material and its actual use should be so close that it would be unreasonable to expect a reply to a request for permission.

The Cumulative Effect Test:The number of copies should not exceed the number of students in the one course for which the materials are intended, no other materials by the same author should be copied during the term, and there should be no more than nine instances of such copying during the term.

If these tests are met, you must still include a copyright notice citing the source on each copy, and make no charge for the material beyond the actual photocopying cost.

Remember that fair use copying should not be a substitute for the purchase of a book, periodical or reprint, should not be directed by a higher authority, nor repeated from term to term.

If you obtain materials from the duplicating center, their staff will review your request for possible copyright violations. If there are materials that appear to be copyrighted, you will be asked to sign a waiver of responsibility. Signing this statement signifies that you have obtained all necessary permissions and paid any royalties required by the copyright holder,since material printed at the duplicating center would probably not meet the fair use test of spontaneity. Further, the duplicating center staff are not able to determine if your request meets the brevity or cumulative tests of fair use.

If you photocopy materials on a convenience copier, you alone must determine if permission must be obtained.

In summary, you are responsible for any materials you copy or request to be printed or copied.

Copying Non-print Materials
The area of electronic sound and video recordings has its own fair use provisions. For example, tapes may be made from television transmissions for evaluation purposes, but they must be erased at the end of the fair use or evaluation period.

Any of the following types of activities require permission or a license agreement from the copyright holder:

1. videotaping an off-air program and holding it longer than two weeks
2. copying a substantial portion of something that can be purchased
3. videotaping most satellite transmissions
4. making multiple copies of a tape
5. making copies of a tape for repeated use

Copying Computer Software
System Administration has created a policy for the use of licensed software products at the request of the Board of Regents from which this UW-Stout policy is derived.

When the University purchases software, it typically purchases the right to use one or more copies under the terms of a license agreement. Unless the license specifically allows it, no University employee has the right to copy the software or associated documentation for whatever purpose (for example, the fair use doctrine for printed materials almost never applies to software). Software not owned by the University must also be handled in accordance with the terms of the license agreement when it is used at the University or on University equipment.

There are many types of software license agreements, such as site licenses, network licenses, volume licenses and single licenses. Each software manufacturer creates its own agreements of each type. It is the responsibility of employees purchasing and using software to be familiar with and abide by the terms of the corresponding agreements.

For More Information

For non-print materials, contact Sue Tkachuk , Learning Technology Services, 212F Millennium Hall, (232-1143). She will provide advice about securing permission for tape duplication and recording of transmitted programs.

For software, contact Doug Wahl, Telecommunications and Networking. 322B Millennium Hall, 232-5007

Resources
The UW-System Office of Administrative Legal Services has prepared a twelve page Photocopying Guidelines for Teaching and Research, revised in August 1991, that details the fair use provisions and how to obtain permission to use copyrighted materials. It also gives the specific guidelines that are mentioned in this brochure. The penalties for infringement are clearly explained in this document. A copy is available at the duplicating center or by contacting Brenda Swannack.

For copies of the copyright law and court cases, review the following sources available at the Library Learning Center:

United States Code Service
REF KF62.L38
Title 17 Sections 101-810 and Pocket Part

Code of Federal Regulations
REF JK416.A3
37CFR 201-309.5 "Copyright"

American Law Reports
REF KF132
ALR 3d-4th and Pocket Part

An excellent guide to online resources about copyright and fair use is available on the Library Learning Center website.