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Copyright & Fair Use

教师常见问题

Can I photocopy an entire book, music score, or play that is out of print for class instruction or course reserve?

No. Out of print does not mean out of copyright. Follow Fair Use guidelines and only copy a small portion or seek the copyright holder to get permission.

How many chapters of a book can I put on reserve?

Depends. The Library looks at reserve requests on a case-by-case basis if necessary.Circular 21: Reproduction of Copyrighted Works by Educators and Librarians [PDF](copyright.gov) contains (on page 6) the section "Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with respect to books and periodicals." It offers guidelines on fair use in educational settings, such as 10% of a longer text being more-or-less the maximum that should be copied. Please see Circular 21, page 6, for more information.

How many copies of one item can I put on reserve?

For articles, book chapters, et cetera, one copy per class or section should be the limit on reserve.

形式要求物品在哪里be put on reserve?

Visit ourCourse Reserves pageto fill out an electronic form.

Can I place the same copied article(s) or book chapter(s) on reserve for more than one semester?

Yes. But consider purchasing the book or journal (or ask the library to consider the purchase). The four factors of Fair Use do not explicitly forbid repeated use, yet repeated use as a course reserve item does preclude any sales of a particular item and therefore does have a negative impact on the market (sales) of a particular item. (Factor (4)).

Can I show a library DVD or video during a meeting or some other event?

No. Only face-to-face presentation in a classroom instructional setting is allowed without seeking permission from the copyright holder.

Can I put a DVD, video, CD on Course Reserve?

Yes, but it has to be the original. Copies or recordings made from television, radio, et cetera have very restricted Fair Use uses, so the library prefers just to deal with originals.

Can I put a copy (i.e. non-original) of a DVD, video, or CD on Course Reserve?

No, see the above answer for more details.

Can I download an article (e.g. PDF) from a library database and share that with students via Blackboard, Canvas, or another method?

Depends. First, any use of material from a particular database must respect the license agreement for that database. Second, Fair Use requires that access be limited to valid students and that access must be of a limited duration. Ultimately, the best practice seems to be providing citations to specific articles and informing students where to search or creating direct links to articles within databases.

Can I copy the first couple chapters of a class textbook and distribute them in class if the bookstore won't get the textbook until a couple of weeks into the semester?

Yes. But the scope of the copies cannot impact the sales of the textbook once it arrives.

What is the TEACH Act?/What about distance education?

The Technology, Education and Copyright Harmonization (TEACH) Act of 2002 redefines what is permissible in distance education regarding copyright, fair use, and permission requests and royalties (or the lack thereof). The requirements are strict and it has to be enacted at the university-level. Most instructors still look to the concept of Fair Use when considering textual materials for distance education purposes.Section 110 of U.S. Copyright Lawestablishes exemptions for audio and moving image display and performance in a face-to-face classroom setting; a distance classroom setting is different and audio and moving image display and performance would not be permissable outside of the TEACH Act.

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