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Bank Street College of Education Copyright Guidelines

Sections of this document:

Introduction

The purpose of these guidelines is to clarify for faculty, teachers and students some of the issues as well as the mays and may-nots of copyright. Many people think that the "fair use" provision of the Copyright Act (Section 107) means that as long as the purpose of the use is educational, it is all right to make whatever copies may be necessary. Unfortunately, this is not the case. Most experts agree that, while fair use may be used as a defense should infringement of copyright be asserted against a school, it is not an entitlement.

A useful rule of thumb regarding making copies in any format (i.e. paper, video, digital, etc.) or using significant portions of copyrighted materials is: when in doubt, obtain permission! While some publishers will give permission for limited use, and some may charge a nominal fee, still others may refuse permission altogether. You are better-off safe than sorry.

It is the policy of the Bank Street College of Education to be in compliance with copyright requirements. While it is not possible to know what each individual is doing, our assumption is that we can trust you to comply with fair use guidelines. As a general guideline, you may refer to the Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions, a copy of which is appended, and which also may be found at http://www.musiclibraryassoc.org/Copyright/guidebks.htm and at http://www.ucop.edu/ucophome/uwnews/copyrep.html#append1 (This site includes a sample request for permission letter.) It is the expectation of the College that members of the College Community will respect the copyright policy and act accordingly. As educators, we have an obligation not to abuse people's work and intellectual property. The College will act to stop any infringement of copyright that is discovered.

What this means for Instructors: Library Reserve files

  1. An instructor may leave a single copy of any article on reserve in the library for one semester. If the same article is to be used in a subsequent semester, the instructor should obtain permission from the copyright holder.
  2. An instructor may leave a single copy of one chapter from a book on reserve in the library for one semester. If that same chapter is to be used in a subsequent semester, the instructor should obtain permission from the copyright holder.
  3. If more than one chapter is requested from the same book, the library will instead place a copy of the book on reserve. More than one chapter from a single book should not be photocopied and placed on reserve.
  4. All instructors' files must be removed from the Library at the end of the semester.
  5. A copy of the course pack may be purchased and left on reserve in addition to separate articles.
  6. For all photocopies, any copyright notice on the original should be included, as should appropriate citations and attributions to the source.
  7. The Library's electronic subscriptions (i.e.,Proquest Direct, WilsonSelect, Lexis-Nexis), particularly with respect to more recent articles, should be checked to see if the article is available there. (Librarians will be glad to help you determine this.) If an article is available electronically, the Library will assist in providing appropriate directions and links for students to follow in retrieving the article.

Classroom Use of Print Materials

  1. Instructors and teachers may, for purposes of scholarly research or use in teaching or preparing to teach a class, make a single copy of:
    • A chapter from a book
    • An article from a periodical or newspaper
    • A short story or short poem
    • A chart, diagram, drawing etc.
  2. If an instructor or teacher comes upon an interesting article that he/she wishes to use in class and there is not sufficient time to obtain permission from the copyright owner copies for members of the class are permissible under the fair use provision of the copyright law, so long as
    • The length of the article does not exceed 2500 words, or approximately ten pages (the brevity exemption),
    • No more than one copy for each student is made,
    • No charges beyond the cost of the copying are assessed,
    • Each copy includes the copyright notice, if any, that appears on the material, along with an appropriate citation. [Note: The copyright notice sometimes may be found on the title or contents page of a journal issue.],
    • There are not more than nine instances of multiple copying of any material for one course during one course term by the instructor.
  3. If the instructor or teacher wishes to distribute the same article in any subsequent semester, permission to do so must be obtained.
  4. More than one chapter from a single book should not be copied.
  5. Up to 10%, or 1000 words, whichever is less, of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of a multimedia project created by a student. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used, but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.

For classroom projects, it is generally within the brevity parameters of fair use to make:

Attribution and a copyright notice should accompany the copy.

Computer Software and Courseware

  1. You may make another copy or adaptation of the program for archival (backup) purposes. This is the only copy that may legitimately be made, unless the program was obtained under a license that permits additional copies (i.e., site license or educational institution license).
  2. The terms of the licensing agreement on the specific piece of software take precedence over all other rules regarding copyright. Installing or using a licensed software product will legally bind you to the terms of the agreement. It is therefore important to review the terms and conditions of license agreements, especially clauses relating to permitted uses, prohibited uses, restrictions, and copying limitations. For programs used by the College, check with Computer and Information Services for license terms and conditions. If the computer program is licensed, refer to the license agreement.
  3. Whether or not you may install a copy of a program you use at the office on your home computer depends on the nature of the license. It may be permissible to make a copy of a software program you use at work for installation on your home computer. Copying of software licensed to the College in order to do work for the College at home may be expressly authorized in the license agreement. Otherwise, it is not permitted. However, if, for example, an educational institution (such as the College) has purchased "educational site licenses" for a particular piece of software it may permit home use copies. If there is any question, you should ask Computing and Information Services (CIS).
  4. It is NOT permissible to download computer programs from the Internet unless they are specifically identified as freeware, or you are paying for shareware.
  5. It is important to carefully read the licensing agreement on any software package purchased. For example, when using a purchased clipart program, be sure that the uses to which you wish to put it are permitted under the terms and conditions of the agreement.

Music

  1. For sound recordings, a single copy of student performances of a copyrighted work may be made for evaluation or rehearsal purposes.
  2. For use in classroom projects or as part of an independent study, the rule of brevity should apply - no more than 10% of a piece, but no more than thirty seconds, should be copied, and what is copied should be closely tied to your research objectives. These limitations apply to the copying of lyrics as well.
  3. Up to 10%, but in no event more than thirty seconds, of the music and/or lyrics from an individual musical work (or a total of extracts from an individual work) may be reproduced. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work. Like the guidelines for print materials, the creation of anthologies or compilations, copying from "consumables" like workbooks, and copying to substitute for purchase are prohibited. Emergency copying (i.e., because of a lack of time) is the only allowable reason for copying of performances, and all copies made must include the copyright notice and a citation. Therefore, for example, if the project includes the bringing together of a number of songs from other sources, the student must have permission from each of the copyright holders.

Videotapes

  1. You should not make copies of videotapes without the copyright owner's permission.
  2. You may videotape broadcast programs for use in classroom instruction so long as they are not retained longer than 45-calendar-days unless otherwise specified by the copyright holder.
  3. Videotapes played in classrooms, whether purchased or recorded off-the-air, must be used in connection with instructional activities; they may not be played solely for entertainment purposes.
  4. Up to 10% or three minutes, whichever is less, of a copyrighted videotape or other "motion media" work may be reproduced or otherwise incorporated as part of a multimedia project created by a student.

Internet or Web pages

  1. It is important to remember that the Internet consists of a mix of works that are protected by copyright and works in the public domain.
  2. Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or, in some cases, a royalty payment. In fact, some copyrighted works may have been posted to the Internet without authorization of the copyright holder.
  3. Even if a page does not expressly contain a copyright statement you should assume it to be copyrighted.
  4. It is permissible to link to a Web site without first obtaining permission, however it is courteous to inform the page owner that a link is being made. When linking to a site, you should link to a top page rather than to one deeper in the Web site whenever possible.
  5. It is permissible to cite material obtained from a Web site (see APA electronic citation guidelines at http://www.psychwww.com/resource/apacrib.htm
  6. Face-to-face teaching activities permit the display of copyrighted works, including Web pages, in classrooms and similar places devoted to instruction.
  7. Copying Internet materials to paste onto a school Web page or incorporate into a multimedia project also requires obtaining permission unless the site you have taken the material from specifically grants blanket permission. Even if they do grant permission, you should be sure the purposes you are using the materials for conform to what is permitted. For example, some clip art sites allow free use of any of the images, while others limit use (you may display but not print out, okay for non-profit but not commercial use, etc.) or ask for payment. An example of a notice of permission might read: Please Note: To the best of my knowledge, all of these images are freeware and you are able to use them as you please for non-profit use.
  8. E-mailing a site's Webmaster is a good way to seek permission. (Be sure to save a record of your e-mail correspondence).
  9. While it may be permissible to use images downloaded from the Web if they have been significantly and creatively altered, it remains preferable to get permission or to use hyperlinks instead.

Illustrations and Photographs

  1. A photograph or illustration may be used in its entirety, but no more than five images of copyrighted works by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project. When using photographs and illustrations from a published collective work, not more than 10% or fifteen images of copyrighted works, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project.
  2. It is not permissible to use photographs or scanned images in newsletters or other distributed materials without permission.
  3. Please note that the publisher of the book from which an illustration or photograph is taken might in fact not be the copyright holder of that image.

Independent Studies

Projects presented in the classroom are subject to different conditions than independent studies and other work that will be placed in the Library and are available for use by and loan to the public.

For materials that will subsequently be placed in the Library (i.e. independent studies), permissions should be sought for any copies of copyrighted materials that are included, particularly if they exceed the "brevity" parameters for classroom projects outlined in this document and summarized below. Failure to show proof of permission may result in the independent study being withheld from public use. Please include a copy of each of the permissions you have obtained with your independent study.

Please note: If you use an image in your thesis that you found on a website, you must obtain permission from the website owner. Email permission is fine. Please include a copy of the permissions with your independent study. In addition, you must include a citation to the website.

Requesting Permissions

Here are three sample permissions letters:

Request for permission for library reserve articles (MicroSoft Word Document)

Request for permission for classroom copies of an article (MicroSoft Word Document)

Request for permission to use copyrighted material in an independent study (MicroSoft Word Document)

Copyrighting Your Own Work

Although any work created in a tangible medium (paper, Web page, recording, etc.) is protected by copyright, educators and students are urged to display a copyright notice on their own work. Works may also be more formally registered for copyright. The best source for information about how to do this may be found at the United States Copyright Office Web site at http://lcWeb.loc.gov/copyright

 





For more information, contact: cvanhouten@bankstreet.edu
Last Modified: January 23, 2009
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