Copyright

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Contact Information

FAQ's

What is Copyright?

What is Fair Use?

Reserve Guidelines

Guidelines for Multiple Reserve Copies

How to Obtain Permission

Website Resources

OWU Copyright Resources

Contact Information

Marsha Zavar, Interlibrary loan/Copyright/Public Services Office Manager x3234

Marsha Zavar, Interlibrary Loan/Copyright/Public Services Office Manager, will use library-designated funds to pay any required and reasonable copyright permission fees.

FAQ's

Can I photocopy an entire book, play, or journal issue?
No, not without permission from the copyright holder.
Can I use the same item on library reserve semester after semester?
The first time that a journal article or a chapter from a book is placed on library reserve it falls within the "fair use" guidelines. After the first use, permission to use the material must be sought from the copyright owner.
Can I deep-link to a website and bypass the front page of the website?
It is arguable whether this practice is a copyright infringement, however some online publishers are taking legal action against what is known as deep-linking, or linking beyond a homepage directly to a specific article on a website. To maintain our commitment to "act in good faith" it is advisable to obtain permission from the copyright owner before deep linking within a website.
If a book is out of print, is it OK to make a copy of it to use for classroom instruction?
No, you must obtain permission from the copyright owner in order to make a copy. Just because the book is out of print does not mean that someone does not hold the copyright to the book.
Since I am using a number of journal articles and book chapters for instructional purposes in my class, is it OK to make as many copies as I want?
No, educational/instructional purposes are not a "carte blanche" to photocopy copyrighted material. You must apply the four-factors of fair use to determine if it meets the test of fair use, and if not, permission from the copyright owner is required.
Can I download music files from the Internet and share them with my friends?
No, downloading Inernet media files without paying for them is the same as stealing. This is a violation of copyright law that the Recording Industry Association of America (RIAA) monitors very closely.
Can I make a copy of a movie (video) as a backup in case something happens to the one I have?
No, If something happens to it, you buy another one.
Can I show a movie from the Beeghly Library AV collection for a meeting or for entertainment purpose (other than face-to-face classroom instruction) without having the performance rights?
No, this is considered a public performance, and you must purchase the performance rights in order to use the video in that manner. Only face-to-face classroom instruction is permitted.
Since the information on the Internet is so accessible, can I download and copy material that I want to use in my class?
Again, you must measure your use of the Internet material against the four-factor fair use test. If it does not meet the test, then you must obtain permission from the copyright owner. Just because the material is so accessible does not mean that someone does not hold the copyright to the material on the Web.

Copyright at OWU

The Ohio Wesleyan University community is committed to following copyright law. Because copyright law is complicated and can be confusing, the library has taken the initiative to formulate a copyright policy/procedure in order to help the Ohio Wesleyan University community to be in compliance with copyright law. The information provided is a guide to help Ohio Wesleyan University faculty, staff, and students to answer everyday questions about the use and reproduction of copyrighted materials in various formats. This information should not be used as a substitute for legal advice, it can provide a synopsis of information most likely to concern the Ohio Wesleyan community.

What is Copyright?

Copyright law balances the creator's interests against the public interest in the dissemination of information and ideas. Copyright law was written: to reward authors for their original works; to encourage availability of the works to the public; and to facilitate access and use of copyrighted works by the public in certain circumstances.

Copyright Office of Library of Congress
Copyright Law
©Primer is an online, interactive tutorial on copyright basics called the from the University of Maryland. The Primer is a free interactive online tool to assist educating faculty, staff and students about copyright principles and compliance.

What is Fair Use?

The exception in the law known as fair use (Section 107) ( Stanford University - Copyright and Fair Use) permits limited use of copyrighted materials. As members of the higher education community, we must promote fair and balanced use between copyright holders' rights and public rights. The four factors of fair use:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and;
the effect of the use upon the potential market for or value of the copyrighted work.

Reserve Guidelines

The library requires a Reserve Form to be completed in order to place material on library reserve. A complete citation is necessary for copyright compliance. The library may place copies of journal articles, parts of books, and newspaper articles on reserve for a one-time use only without copyright permission which constitutes fair use. After the one-time use, permission must be sought to place the material on reserve. Library staff members, Bernard Derr (Chief of Circulation), Assistant Chief of Circulation will monitor all materials placed on library reserve to ensure compliance to the Federal Copyright act and "fair use" guidelines. Marsha Zavar ( Interlibrary loan/Copyright/Public Services Office Manager) will obtain copyright permission when required and will monitor copyright issues.

Guidelines for Multiple Reserve Copies:

The amount of material should be reasonable in relation to the total amount of material, 17 U.S.C. SS107(1) and (3);
The number of copies should be reasonable,17 U.S.C. SS107(1) and (3);
The material should contain a copyright notice, 17 U.S.C. SS107;
The effect of photocopying the material should not be detrimental to the market for the work, 17 U.S.C. SS107.

Mutimedia and the Internet - Copyright law is technology neutral. Content on the Internet may be copyrighted. One cannot assume that because it is easy to download and print information from Internet sites that it is legal to do so. Using material from Internet resources follows the same guidelines as print resources.The fair use four factor test applies to the use of electronic information also. Permission is not needed for off-air recordings that are viewed within 10 days of the original broadcast. You are encouraged to contact Chuck Della Lana, AV Services Manager; to assist in the purchase of audiovisual materials needed for classroom instruction. Borrowing films/videos from CONSORT and OhioLINK is another option you may want to consider. Unauthorized duplicates of licensed material are a violation of copyright law, and, as such, cannot be accommodated for viewing through the Audiovisual Department.

Classroom Copying Guidelines - ALA Model Policy, part of the CNI page.

Single copy may be made of any of the following:

a chapter of a book
an article from a periodical or newspaper
a short story, short essay or poem, whether or not from a collective work
a chart, diagram, graph, drawing, cartoon or picture from a book, periodical, or newspaper

Multiple copying for classroom use:

multiple copies (not to exceed more than one copy per student in a course) may be made provided that:
- the copying meets the following tests of brevity and spontaneity as defined below; and
- meets the cumulative effect test as defined below; and
- each copy includes a notice of copyright

Definition of Brevity:

Poetry: an entire poem less than 250 words and if printed on not more than two pages, if poem is longer than 250 words only 250 words may be copied .

Prose: a complete article, story, or essay less than 250 words: novels, plays, or letters not more than 1000 words or 10% of the whole, whichever is less if an entire work is only 1000 words, may copy more than 10% of work

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

Exception: Literature composed of text and illustrations (picture books, comic books) only two pages may be copied as long as the two pages do not comprise more than 10% of the text of the work Illustration: One chart, graph, drawing, cartoon, diagram or picture may be copied per book or periodical issue Enlarging or modifying illustration violates rights holder's rights

Test of Spontaneity:
The inspiration and decision to use the work and the moment of its use are so close in time that it would be unreasonable to expect a timely reply to a request for permission. The copying is at the instance and inspiration of the individual teacher

Test of Cumulative Effect:
Copying cannot:

substitute for the purchase of books and periodicals;
be used to create or substitute for anthologies, compilations, or collective works;
be directed by a higher authority

No charge shall be made to the student beyond the actual cost of the photocopying

How to Obtain Permission

The Copyright Clearance Center website is an easy way to obtain permission to reproduce copyrighted content such as journal articles and book chapters.

If you cannot obtain permission from the Copyright Clearance Center, it may be necessary to send a letter to the copyright holder. Permission requests should include the following:·

Title, author, and/or editor, and edition
Exact material to be used, including page numbers or chapters
· Number of copies to be made
Use to be made of copied materials
Form of distribution (classroom, library reserve, etc.)
Whether the material is to be sold

Website Resources