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Copyright Compliance at FGCU

What is copyright?

What works are protected?

What works are not protected?

Exclusive Rights of Copyright Owners

Duration of Copyright

Copyright Compliance

Fair Use

Copying for the Classroom

Performance & Display

Copyright & Course Packs

Copyright & Course Management Systems

Copyright & Computing

Copyright & Films/Videos

Copyright and Music

Copyright & TV Broadcasts

Copyright & Visual Arts

Copyright & Reproduction by Libraries

Copyright Infringement

What is Copyright?

Copyright Law is a legal protection provided to creators of intellectual property to control the use of their works.  Under U.S. Code, Title 17. Sec 107 – 122, the copyright owner has exclusive rights of reproduction, distribution, derivation, performance and display of their creative works and the authority to enforce those rights through legal means when such rights are infringed upon by others. 

What works are protected?

The law defines copyrighted materials as “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”
Specifically, the law covers the following works. (Please be aware that works not listed here, may be protected under trademark, patent, or other laws.)

  1. Literary works
  2. Musical works, including any accompanying words
  3. Dramatic works, including any accompanying music
  4. Pantomimes and choreographic works
  5. Pictorial, graphic, and sculptural works
  6. Motion pictures and other audiovisual works
  7. Sound recordings
  8. Architectural works
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What works are not protected?

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
In other words, Copyright Law protects the creative expressionof the idea, procedure, process or presentation of factual information, but not the concept itself.

Exclusive Rights of Copyright Owners

The law gives the copyright owner, who may or may not also be the creator of the work, the exclusive right.

(1)  To reproduce the copyrighted work in copies or phonorecords.
(2)  To prepare derivative works based upon the copyrighted work.
A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
(3)  To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
(4)  To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works.
(5)  To display the copyrighted work publicly. (Including literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, other audio/visual works or sculptural works.
(7)  To transfer any or all of these rights to another party.

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Duration of copyright

When do the rights of a copyright owner expire?  No easy answer to this question due to the changes in copyright law over the years that have extended the duration of copyright. However, Lolly Gassaway, one of the foremost authorities on copyright law in academia created a usable chart that simplifies the analysis.

WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN By Lolly Gasaway, University of North Carolina

Definition:  A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone.  The reasons that the work is not protected include:

(1) the term of copyright for the work has expired;
(2) the author failed to satisfy statutory formalities to perfect the copyright or
(3) the work is a work of the U.S. Government.

Date of Work

Protected from

Term

Created 1/1/78 or after

When work is fixed in a tangible medium of expression

Life + 70 years.1 (or if work of corporate authorship, the shorter of 95 years from publication or 120 years from creation.2

Published before 1923

In public domain

None

Published from
1923 - 1963

When published with copyright notice.  3

28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years.  If not renewed, now in public domain.

Published from
1964 – 1977

When published without copyright notice.

28 years for first term; automatic extension of 67 years for second term.

Created before 1/1/78 but not published

Effective date of the 1976 Act which eliminated common law copyright.

12/31/02, whichever is greater

Created before 1/1/78 but published between that time and 12/31/02

1/1/78 effective date of the 1976 Act which eliminated common law copyright.

Life + 70 years or 12/31/2047 whichever is greater.

  1. Term of joint works is measured by life of the longest-lived author.
  2. Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C Sec. 302 ©
  3. Under  the 1909 Act, works published without notice went into the public domain upon publication.  Works published without notice between 1/1/78 and 3/1/89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. Sec. 405. (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway.
Last updated 11-04-03. Chart may be freely duplicated or linked to for nonprofit purposes. No permission needed. Please include web address on all reproductions of chart so recipients know where to find any updates.

 

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Copyright Compliance

  • Copyright compliance is about the legal reproduction (in all its forms) or performance, or display of copyrighted works.
  • In order to use copyrighted works legally, you must respect the exclusive rights of copyright owners and act accordingly. 
  • You may either request permission from the copyright owner to use the work, and pay royalties, if any; or exercise your right to use the work based on Fair Use provisions of the law. 
  • Fair Use allows the use of copyrighted works without permission from the copyright owner for the purposes of criticism, comment, news reporting, teaching, scholarship, or research.
  • The user must make a good faith effort to analyze whether the intended use meets the four factors of Fair Use.
  • Assume all works are under copyright protection, unless or until you have confirmed knowledge to the contrary. 
  • A work need not have a copyright symbol affixed to it in order to be protected by copyright.  An original work has copyright protection upon its creation in a fixed tangible form.
  • Copyright law should not be confused with ethical issues sometimes confronted in academia/scholarship; such as, proper attribution, citing sources, or plagiarism.  

Fair Use

The Fair Use provision of the copyright law makes it possible for educators and others to use copyrighted material without permission of the copyright owner, under certain conditions. However, Fair Use does not mean any copyrighted work is “fair game” for educators.  Nor does it mean that all educational uses are fair use.
Only a court of law makes the determination of what is, or is not, copyright infringement.  The Law provides a basis for analysis in making a claim of fair use in an infringement case.  All factors have equal weight and all factors are to be considered for each instance of a fair use claim.  
The Fair Use Guidelines should be applied to all instances and forms of reproduction, performance, or display of copyrighted works.  Works may be in print, media, digital or other electronic format.  Reproduction encompasses photocopying, digital downloads, scanning, printing, recording, and any other means of duplication.

The four factors to be weighed are:

  1. Purpose or character of the work: Copyrighted works used for educational purposes in a classroom setting at a not for profit institution, weighs heavily in favor of Fair Use.
  2. Amount of the work used: The use of a small portion of a copyrighted work (one book chapter, one journal article, one poem, or one photograph), rather than an entire book or film is likely  to be seen as a fair use.  But the significance of the particular portion of the work  used may also be a determining factor.  Using what is often called the “heart of   the work’, that is, the most important, significant or distinctive part of the work, may not be judged fair use.
  3. Nature of the work used: The type of work used is also a consideration of the courts in determining fair  use claims.  If the copyrighted material is mere factual data, or information that is considered common knowledge, it weighs toward fair use.  If the material used is of a creative, artistic nature, such as a work of fiction, a poem, or a drawing, then  a fair use claim is less likely to be supported.
  4. Effect on the commercial value of the work to the copyright owner: Any use that would potentially reduce profits for the copyright owner, damage the reputation or integrity of the work, or put the market for the work at jeopardy weighs against fair use.
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Copying for the classroom

The following guidelines reflect an agreement between authors and publishers on permissible reproduction of books and periodicals in educational activities.  The guidelines are intended to recommend the minimum standards that should apply under fair use for educational purposes under Title 17, Section 107 of Copyright Law.

Single Copying for Instructors

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. 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.

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 each copy bares a notice of copyright, and the copying meets the following principles of brevity and spontaneity and cumulative effect as defined below.

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Guiding principles for Multiple Copying

1. Brevity – Small amounts of larger works may be considered allowable under Fair Use guidelines. The following examples may be applied:

A. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages, or (b) From a longer poem, an excerpt of not more than 250 words.

B. Prose: (a) Either a complete article, story or essay of less than 2500 words, or (b) An excerpt from any prose works 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 the numerical limits stated in A and B above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.

C. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

D. “Special” works: Certain works in poetry, prose or in “poetic prose” which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 wordsin their entirety.
Please note, such “special works” may not be reproduced in their entirety; however, an excerpt comprising of not more than two of the published pages of such special work and containing not more than 10 percent of the words found in the text thereof, may be reproduced.

2.  Spontaneity – pertains to the near immediate need to use the copyrighted material. This may be a legitimate fair use when:

A. The copying is at the instance and inspiration of the individual teacher, and
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 seeking permission is prohibitive.

3.  Cumulative Effect - The conglomeration of materials used does not create an anthology, or hamper the opportunity of individual copyright owners to profit from their creative works. This may be legitimate fair use when:

A.  The copying of the material is for only one course in the school in which the copies are made.
B.  Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
C.  There shall not be more than nine instances of such multiple copying for one course during one class term.
(The limitations stated in B and C above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

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Prohibitions in classroom copying

The following reproductions are not permitted under Fair Use.

A. No anthologies:

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.

B. No workbooks, standardized tests, or answer sheets:

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.

C. No copying to avoid purchasing; No systematic copying.

Copying shall not:
(a) substitute for the purchase of books, publishers’ reprints or periodicals;
(b) be directed by higher authority;
(c) be repeated with respect to the same item by the same teacher from term to term.

D.  No charges beyond actual copying cost to students.

Students may not be charged for course packs or other copies beyond the actual cost of the photocopying.

Performance and Display of Copyrighted Works

Fair Use provisions allow the usage, without permission, of video, film and other media in face-to-face teaching activities when certain conditions apply.
Performance or display of a copyrighted work may include showing films in a class, mounting media on a web site or in a course management system, or exhibiting pictures on a poster, when certain circumstances apply.
Known as The TEACH Act, Sec. 110 of Title 17 extends the copyright law to further define the conditions for the use of audio/visual materials and transmission of digital works in educational activities. There is some differences between what is allowed for face-to-face vs. online instruction.
However, in order to take advantage of the privileges given to educational institutions, the institution must establish policies regarding copyright, provide informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with copyright law.
Definitions:
To “perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
To “display” a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images non-sequentially.

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Face-to face instruction

Instructors or students may perform or display copyrighted works under the following circumstances:
  1. Must be face-to-face teaching activity in a classroom or similar setting.
  2. Must be part of teaching activity of a non-profit institution.
  3. A legal copy of the copyrighted work must be used.
  4. Individual images from motion pictures or other audiovisual works must be made from legal copies, legally obtained.
  5. The display of a film, DVD, or other audiovisual work or image must be a lawfully made copy, or one that the person making the performance or display had no reason to believe was unlawfully made. Person responsible for the performance or display must know, or have reason to believe, that the copy was legally made.

Virtual Instructionperformance and display

Legal copies of a nondramatic literary or musical work or reasonable and limited portions of any other work, may be performed or displayed in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission, if —

  1. The performance or display of the legal copy is made by, or at the direction, or  supervision of, an instructor as an integral part of a class session as a regular part of mediated instructional activities of a nonprofit educational institution.
  2. The performance or display is directly related and of material assistance, to the teaching content of the transmission.
  3. The transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to, students officially enrolled in the course.
  4. The non-profit institution must establish policies regarding copyright, provide informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with copyright law.
  5. Instructors must provide notice to students that materials used in connection with the course may be subject to copyright protection.
Distance learning transmissions:

Technological measures must be taken to reasonably prevent:

  1. Retention of the work in accessible form by recipients of the transmission from the institution, for longer than the class session.
  2. Unauthorized further dissemination of the work in accessible form by such recipients to others.
  3. Engagement in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.
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Copyright and Course Packs

Course pack copying may be requested through, and made available by the FGCU Bookstore through a contracted copying service.  Local bulk copying services are also available through the FGCU Bookstore.   Copyright compliance is monitored, permissions requested and royalties paid as required.

Copyright and Course Management Systems

Downloading copyrighted materials to Course Management Systems (Angel, Canvas, etc.)  or personal web pages may be an infringement of copyright. Fair Use Guidelines must be applied to each instance of reproduction or downloading.

 To avoid copyright infringement, preferred options are:

  • Link to articles from online research databases purchased by the Library for the educational use of faculty, staff and students rather than scanning, copying or downloading full-text items into Course Management Systems, or web pages.
  • Submit printed articles or other works to Library to enable student access from Course Reserve (print and e-reserve) Collection. The Library provides the required controlled access for students enrolled in the class. Library requests permission and pays reasonable royalty fees when copies exceed Fair Use Guidelines. 
    Only legally acquired materials are accepted for Course Reserves. Print items are held for check-out at the Customer Services Reserve Desk.  Students may access digital articles through links from    the Course E-Reserve System. See Library Course Reserve Policy for more information.

Copyright and Computing

Much of the reproduction of copyrighted materials is accomplished with the use of computing resources.  The University has a Technology Acceptable Use Policy and Procedure  that applies to all FGCU affiliates and visitors.  Excerpts from the policy that are most relevant to copyright compliance are:

  • The technology resources of the university shall not be used to make unauthorized or illegal use of the intellectual property of others, including  copyrighted music, videos, films, and software.
  • Users are responsible for any activity originating from their accounts that they can reasonably be expected to control. 
  • All software in use on the university’s technology resources must be officially licensed software  No software is to be installed or used that has not been duly paid for and licensed appropriately for the use to which it is being put.
  • Users shall comply with all applicable user conduct codes and rules. Laws and regulations governing the use of technology resources…including copyright.
  • Institution is responsible for labeling computing equipment to alert users of possibility of copyright infringement in their printing, downloading, copying or scanning activities.
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Copyright and Films/Videos

Videos, DVD’s may be shown as an educational activity under the following circumstances:
•   The performance or display must be used, as part of the teaching activities in a non-profit institution presented in in a classroom or similar place devoted to instruction.
•   The display of a film, DVD, or other audiovisual work or image must be a lawfully made copy, or one that the person responsible for presenting the performance or display had no reason to believe was unlawfully made.
• A legal copy must be used; in the case of a motion picture or other audiovisual work, the performance, or the display of individual images is given by means of a legal copy.

Copyright and Music

Sound Recordings:
Music published before 1923 is in the public domain, but not sound recordings of that music.
Nearly any sound recording in the U.S. is protected at least until the year 2067, either by federal copyright law, or by state statutes.
It is an infringement of copyright law for anyone to:
  1. fix the sounds, or sounds and images, of a live musical performance in a copy or phonorecord, or reproduce copies or phonorecords of such a performance from an unauthorized source.
  2. transmit or otherwise communicate to the public the sounds or sounds and images of a live musical performance, or
  3. distribute or offer to distribute, sell or offer to sell, rent or offer to rent, or traffic in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixation occurred in the United States.

Permissions/Music licensing
Copyrighted music must be licensed for use, most likely by one of the following licensing management companies.  To get permission, search the website for their music catalogs to determine if the company manages rights to the particular music you would like to use, then request permission to use it.
BMI (Broadcast Music Inc.) 
RIAA Recording Industry Association of America
ASCAP American Society of Composers, Authors and Publishers.

Royalty Free Music
The FGCU Library has added several CD’s of Royalty Free music to its Media Collection. The collection offers stock music is in several genres, from “pop rock” to ‘nuevo chic” and in varying lengths to be used as backgrounds in all types of productions.   Search the Library online catalog under title: “Royalty Free Revolution’ to locate the CD’s and the type of music you need.
In addition, there are several websites that offer royalty free music at no cost, for a small fee, or membership requirement.  A few examples are:

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Copyright and TV Broadcasts – (Recording, retention and display of television programs)

  • Guidelines apply only to non-profit educational institutions.
  • One may record simultaneously with broadcast (or cable) transmission and retain, for a period of 45 consecutive days only after recording.
  • The recording may be used only once by individual teacher in the course of relevant teaching activities in a classroom setting.  (May repeat showing once for reinforcement of the original instruction only.)
  • May be used only at request of and used by individual teachers and may not be regularly recorded in anticipation of additional requests. No program may be recorded off-air more than once at request of the same teacher.
  • A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers.

Retention of recordings.

  1. After the 45 day period, the recording may only be used for evaluation purposes, not for exhibition.
  2. Although entire recording may not be used, the recorded programs may not be altered from their original content.
  3. Educational institutions are expected to establish appropriate control to maintain the integrity of these guidelines.

Copyright and Visual Arts

Copyright protects original “pictorial, graphic, and sculptural works,” which include two- and three-dimensional works of fine, graphic, and applied art.  Examples of such works include:

Advertisements, commercial prints, labels

Fabric, floor, and wall-covering designs

Patterns for sewing,etc.

Artwork applied to clothing, etc.

Games, puzzles

Photographs,

Bumper stickers, decals, stickers

Greeting cards, postcards, stationery

Posters, lithographs, etc.

Cartographic works

Holograms, computer and laser artwork

Prints

Cartoons, comic strips

Jewelry designs

Reproductions

Drawings, paintings, murals

Models

Sculpture, carvings, figurines

Legal Sources of Visual Arts

1. ARTstor Digital Library has over 1.5 million images made available for non-profit uses, particularly teaching, without fear of copyright infringement.  (Access ARTstor from Library home page under databases)

As a licensed participating institution to the Artstor Digital Library database, FGCU affiliates may use images found in the ARTstor collection to:

  • Give online presentations via the ARTstor Image Viewer.
  • To include Artstor images in offline presentations in teaching or other non-commercial or educational activities using any presentation software. 
  • Download images and text for teaching purposes.
  • Share Artstor images with students though adding links to courseware (Canvas) pages.
  • Post personal digital images to the ARTstor Digital Library

Access ARTstor through the Library database page.

2. ImageQuest database provides access to over 3 million rights cleared images from over 50 of the world’s best collections. All images from Britannica ImageQuest are copyright free for non-commercial, educational use.  Images may be used for any educational project, including posters; flyers, personal web pages, or course management system pages.

Access ImageQuest through Library database page.

Permission and information sources for copyrighted Visual Arts

If no copyright free image is available, and Fair Use Guidelines do not apply, one may seek permission to use the image from one of the following licensing agencies.

  • Artist’s Rights Society (ARS): is the preeminent copyright, licensing, and monitoring organization for visual artists in the United States.  ARS represents the intellectual property rights interests of over 50,000 visual artists and estates of visual artists from around the world (painters, sculptors, photographers, architects and others).
  • American Photographic Artists: Professional organization supporting the financial and artistic well-being of photographers.  Protects rights of artists and content of work.
  • The American Society of Media Photographers (ASMP): Membership organization protects the copyrights and moral rights of artists.
  • Graphic Artists Guild: A union of men and women in the same craft or trade whose purpose is to  uphold and improve standards and protect the rights of its members. Members include:  graphic designers, Web designers, digital artists, illustrators,  cartoonists, animators, art directors, surface designers, and various combinations of these disciplines.
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Rights of Artists

Copyright law in Sec. 106 also grants protection of the moral and attribution rights of artists. The law grants visual artists the right to:

  • Claim authorship of their works.
  • Prevent the use of his or her name falsely, as the creator of a work.
  • Prevent the use of his or her name as the author of a work in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation.
  • Prevent any intentional distortion, mutilation or other modification of their work which would degrade the integrity of the work, or the artist’s honor and reputation.
  • Prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work.

 Only the author/artist of a work of visual art has the above rights in that work, whether or not the author is the copyright owner.  These rights endure until the death of the artist/creator.

Copyright and Reproduction by Libraries

Copyright Law allows copying beyond Fair Use for libraries and archives, under certain conditions.

Outside the exceptions allowed by law, the right of libraries and archives to make reproductions and distribute such, apply to a single copy, made from the library’s collections or from that of another library or archive upon the request of a user or another library.

Libraries may reproduce and distribute no more than one copy of a copyrighted work under the following conditions:

  1. The reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
  2. The collections of the library or archives are open to the public, or available not only to institution affiliates, but also to other researchers in a specialized field of study.
  3. The reproduction includes a notice of copyright that appears on the copy or phonorecord that is reproduced… or includes a legend stating that the work may be protected by copyright, if no such notice already exists on the item.

Reproducing published and unpublished works

  • Unpublished works. Up to three copies of an item may be duplicated when solely for purposes of preservation and security or for deposit for research use in another library or archives if:
    (1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and
    (2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.
  • Published works may be reproduced solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete.

(A format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured, or is no longer reasonably available in the commercial marketplace.)

The following circumstances must exist for the Library to reproduce published works:

  1.  The library has, after a reasonable effort, determined that an unused replacement is out of print, or cannot be obtained at a fair price; and
  2.  Any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library in lawful possession of such copy.

For more information about the reproduction of copyrighted materials by libraries and archives see: FGCU Library Copyright Compliance Policy.

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Copying to new format

  • Must check marketplace for legal copy in the format needed.
  • Cannot copy entire collection of materials wholesale. (Systematic copying)
  • Copying to replace damaged copy is allowed.  However, must check marketplace for a legal replacement copy beforehand.

Course Reserves

The “Reserve Room” is considered an extension of the classroom, so Copyright Law, particularly Section 107 and Fair Use guidelines apply to making multiple copies for classroom use for print and e-reserve collections.

Printed or digital articles may be submitted to the Library Course Reserve unit. The Library provides the needed controlled access for students in the course and adheres to Fair Use guidelines before adding to the Course Reserve Collection.  Permission is requested and royalties paid, if copies exceed Fair Use Guidelines.  Only legally acquired materials are accepted for Course Reserves.

Guidelines for copyrighted material in print and electronic course reserve;

  • Only small parts of copyrighted works are placed on reserve for one semester without permission, based on Fair Use factors.
  • Generally no more than five print copies of the same work are placed in Course Reserve Collection at one time, depending on class size.
  • Permission from the copyright owner is required if the same faculty member requests the same materials for the same class for more than one semester.
  • Library must use technological means to assure that only registered students of the course, the instructor, and appropriate library personnel may have access to the materials placed in e-reserve.
  • A copyright notice is required to be displayed on each copy.
  • Only legally acquired copies are accepted for reserves.
  • Course reserve items are removed from the Reserve Collection (print and e-reserves) at the end of each semester.

See Course Reserve Policy for more information.

Interlibrary Loan

In order to further clarify copying privileges for libraries and archives as stated in Sec 108)of the law, a group of publishers, librarians and others were asked by Congress to create guidelines for libraries to follow when engaged in copying for interlibrary loan/resource sharing. The National Commission on New Technological Uses of Copyrighted Work (CONTU) developed the guidelines that are used by most libraries in exercising their rights to reproduce copyrighted works upon the request of  library users.
Basics of CONTU guidelines:

  • Guidelines apply to copyrighted materials less than 5 years old.
  • Up to five articles may be copied from a single periodical in one calendar year under the ILL provision (referred to as part of the "rule of five").
  • No more than six copies of articles/chapters/small portions may be made from a non-periodical (including a book) during the entire term of copyright of the work.
  • Library must obtain permission from the copyright owner and pay any required royalties, if copying exceeds fair use or CONTU restrictions.
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Unsupervised Copying

The institution is not held responsible for infringement committed by users of reproduction equipment located on its premises, as long as such equipment displays a notice that the making of a copy may be subject to the copyright law.
Reproduction equipment located in the library, and made available to the public may include: photocopiers, printers, scanners, CD burners, computers, and microfilm copiers.

Copyright Infringement

Basic rules

  • Anyone who violates any of the exclusive rights of the copyright owner as provided by copyright law is an infringer of the copyright or right of the author, as the case may be.
  • The legal or beneficial owner of an exclusive right under a copyright is entitled to institute an action for any infringement of that particular right committed while he or she is the owner of it.

Penalties
An infringer of copyright is liable for either:

  • Actual damages of the copyright owner, and any profits of the infringer, or,
  • Statutory damages $750.00 - $30,000, or court may increase to $150,000.
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