The reproduction and distribution or sale of copyrighted materials for classroom use is unlawful unless (a) permission is obtained from the holder of the copyright or (b) use of the material complies with the Fair Use Doctrine.

• Obtaining Permission from the Holder of the Copyright
• Fair Use Doctrine
• Placing Photocopied Materials on Reserve in Watzek Library

Other Resources:

• Copyright Clearance Center

Guidelines For Using Copyrighted Material In Lewis & Clark Undergraduate and Graduate Courses

 

OBTAINING PERMISSION FROM THE HOLDER OF THE COPYRIGHT

1. Copyright permission. Copyright permission can be obtained from the Copyright Clearance Center (222 Rosewood Drive, Danvers, MA 01923, 508-750-8400) by accessing their webpage at www.copyright.com. Forms are also available in most department offices, but be aware that a mail response could take from 4 to 6 weeks. Once permission has been obtained the material may be photocopied for one semester’s use. If students are charged for the material, the charge must not exceed the cost of the photocopying.

2. Direct Permission. Permission to duplicate copyrighted material can be obtained directly by contacting the holder of the copyright and requesting written permission. Payment and fees are determined by the copyright holder. The best way to determine copyright ownership is by contacting the publisher of the material that you would like to copy. (Publishers’ names and addresses can be found in Books in Print and Literary Marketplace.) Requests should be directed to the publisher’s Copyright and Permissions Department. Requests should include the following information:

• author’s, editor’s, translator’s full name(s)
• title, edition, and volume number of book or journal
• copyright date
• ISBN number for books or ISSN for magazines and journals
• specific chapter(s) and/or page numbers
• number of copies to be made
• whether the material will be used alone or in combination with other photocopied material
• name of college
• course name and number
• semester and year in which the material will be used
• instructor’s full name
• name, address, and phone number of contact person

 

FAIR USE DOCTRINE

According to Circular 21, Reproduction of Copyrighted Works by Educators and Librarians, the following guidelines represent the minimum standards of educational fair use under Section 107 of H.R. 2223.

Guidelines With Respect to Books and Periodicals

1. Single Copies for Teachers

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.

2. Multiple Copies for Classroom Use

Multiple copies (not to exceed in any event more than one copy per student in a course) may be made by or for the teacher giving the course for classroom use or discussion; providing that:

A. The copying meets the tests of brevity and spontaneity as defined below; and,

B. It meets the cumulative effect test as defined below; and

C. Each copy includes a notice of copyright.

Definitions

Brevity

(i) 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.

(ii) Prose: (a) Either a complete article, story, or essay of less than 2,500 words, or (b) 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 the numerical limits stated in “i” and “ii” above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

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

(iv) “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 words in their entirety. Paragraph “ii” above notwithstanding such “special works” may not be reproduced in their entirety; however, an excerpt comprising 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.

Spontaneity

(i) The copying is at the instance and inspiration of the individual teacher, and

(ii) 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.

Cumulative Effect

(i) The copying of the material is for only one course in the school in which the copies are made.

(ii) Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, not more than three from the same collective work or periodical volume during one semester.

(iii) There shall not be more than nine instances of such multiple copying for one course during one semester.

[The limitations stated in “ii” and “iii” above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

3. Prohibitions as to 1 and 2 Above

Notwithstanding any of the above, the following shall be prohibited:

 

(A) 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) 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) 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 semester to semester.

(D) No charge shall be made to the student beyond the actual cost of the photocopying.

Guidelines with Respect to Music can be obtained from the Dean’s office.

PLACING PHOTOCOPIED MATERIALS ON RESERVE IN WATZEK LIBRARY

In order to place photocopied materials on reserve in Watzek Library, either copyright permission must be obtained or the items must comply with the Fair Use Doctrine. Guidelines for Complying with Copyright Laws for Photocopied Reserves is available at the circulation desk along with copies of the Library Reserve Request Form.