Copyright Policy, revised subsequent to legal review, 12/11/98. This document is currently being reviewed to ensure compliance with the Digital Millennium Copyright Act of 1998.

Statement of Principles:
"The primary objective of copyright is not to reward the labor of authors, but to promote the Progress of Science and useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work . . . This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art."
—Justice Sandra Day O’Connor, Feist Publications, Inc. v. Rural Telephone Service Co., Inc., 499 U.S. 340, 351 (1991).

Introduction
It is the intent of Florida Gulf Coast University that all members of the University community adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.) 1980 Patent Law, and Off-Air Guidelines. The following policy statements and guidelines constitute a manual for anyone at the University who wishes to reproduce, alter, or perform works that are protected by copyright. Since copyright protection applies to a variety of creative works — printed materials, sound recordings, video recordings, visual artworks, computer software, and others — the manual has been constructed to address issues related to particular types of media.

Full text of the law and its legislative history, plus subsequent analysis and commentary, are available at the copyright web site, http://lcweb.loc.gov/copyright/. Reference Librarians will help find resources to address questions that are not specifically addressed in this manual. Members of the University community who willfully disregard the copyright policy do so at their own risk and assume all liability.

On November 13, 1997, President Clinton signed into law a bill (HR 672, PL 105-80) to make a variety of technical corrections to the Copyright Act and reverse a Ninth Circuit decision that pre-1978 distribution of sound recordings constitutes a publication of the underlying musical work. The law was designed to respond to and reverse the Ninth Circuit ruling in La Cienega Music Co. v. ZZ Top, 44 F3d 813, 33 USPQ2d 1437 (CA 9 1995). That case held that the pre-1978 sale of a phonorecord resulted in the publication of the underlying work, requiring a compliance with the Copyright Act's notice requirements. The Register of Copyrights, Marybeth Peters, had taken the position that the La Cienega decision placed a cloud over pre-1978 works because most recordings at that time were released without a copyright notice. The Copyright Office had been following an earlier decision in Rosette v. Rainbo Mfg. Corp., 546 F2d 461, 192 USPQ 673 (CA 2 1976) and had permitted registration as unpublished works those pre-1978 compositions which had been commercialized only through recordings. As enacted, the law adds a new Section 303(b), in title 17, which reads as follows: "The distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of the musical work embodied therein."

On December 16, 1997, HR 2265 was passed and became the No Electronic Theft Act. This provides for criminal penalties for willful copyright infringements by electronic or other means.

On October 28, 1998, President Clinton signed the Digital Millennium Copyright Act (P.L. 105-304) which updates the Copyright Act for the digital environment and conforms U.S. law to the requirements of the new World Intellectual Property Organization (WIPO) treaties negotiated in Geneva in December 1996.

What Copyright Is
Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well known symbol ©, however, pre-1976 works must be published and be identified as copyrighted in order to have copyright protection. Section 106 of the Copyright Act (90 Statue 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

1. Reproduce copies of the work.

2. Prepare derivative works based on the copyrighted work.

3. Distribute copies of the work by sale, rental, lease, or lending.

4. Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).

5. Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work — including the individual images of a film — or a pantomime).

The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to "Fair Use" limitations, which apply to all media, and medium-specific limitations.

Fair Use
The doctrine of fair use, embedded in section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors [from: What Educators Should Know About Copyright, by Virginia M. Helm; Bloomington, IN, Phi Delta Kappa Educational Foundation, 1986]:

1. The purpose and character of the use, including whether such use will be for nonprofit or educational use.

2. The nature of the copyrighted work.

3. The amount, substantiality, or portion used in relation to the copyrighted work as a whole

4. The effect of the use on the potential market of the copyrighted work.
   

Fair use is determined through a case by case analysis. "The mere fact that a use is educational and not for profit does not insulate it from a finding of infringement . . ." Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 584 (1994).

 Permission for Copying In Excess Of Fair Use

The University participates in contractual arrangements mandating royalty payments or licensing fees to copyright owners whenever feasible. Nevertheless, it often falls to the individual scholar to obtain written permission from the copyright owner to copy a large portion of a work or an entire work, or to produce multiple copies of chapters or periodical articles. (See Appendix I for information on obtaining permission for using printed materials).

Printed Materials

Works That May Be Used Freely

Occasionally, scholarly publications such as journal articles include a note offering the right to copy for educational purposes.

Some categories of publications are in the public domain; that is, copyright law does not protect their use:

1. Publications more than 75 years old.

2. Works that do not include a copyright notice and were first published before January 1, 1978.

3. Most United States government documents.

4. Most State of Florida documents.

Once a work has acquired public domain status it is no longer eligible for copyright protection.

Photocopying

The following parameters are included in the "Agreement on Guidelines for a classroom copying in not for profit educational institutions with respect to books and periodicals" which is included in legislative history accompanying Section 107 of Title 17. Somewhat more extensive copying and electronic scanning may be sanctioned by the fair use guidelines.

1. Single Copies for Faculty
   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. The following items may be copied.

   1. A chapter of a book.

   2. A newspaper or periodical article.

   3. A short story, short essay, or short poem.

   4. A chart, diagram, drawing, graph, cartoon, or picture.

2. Multiple Copies for Classroom Use must meet the following tests of brevity, spontaneity, and cumulative effect. Each copy must also include prominent notice that it is a copyrighted material.

   Brevity

   Prose: (1) Either a complete article, story or essay or less than 2,500 words, or (2) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

   Poetry: (1) A complete poem if less than 250 words and if printed on not more than two pages, or (2) an excerpt of not more than 250 words.

   (Each of the numerical limits above may be expanded to permit the completion of an unfinished prose paragraph or line of a poem).

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

   Special Works: Certain works in poetry or prose or in "poetic prose", which may combine language with illustrations and which fall short of 2,500 words, may not be reproduced in their entirety. However, an excerpt comprising not more than two of the published pages of such a work, and containing not more than 10% of the words found in the text, may be reproduced.

   Spontaneity

   The copying is at the instance and inspiration of the individual instructor.

   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

   The copying of the material is for only one course, with no more than one copy per student in the course, or limited in access to the Course Web page.

   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 a term.

   There shall not be more than nine instances of such multiple copying for one course during one class term.

3. Course Packets and Prohibitions as to I and II Above

   Copyright litigation involving academic users has focused on these "anthologies", which are perceived as substituting for textbooks and thus as reducing the potential market for copyrighted publications. 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:
   1. substitute for the purchase of books, publishers' reprints or periodicals,
   2. be directed by higher authority, or
   3. be repeated with respect to the same item by the same teacher from term to term.
   
   D. No charge shall be made to the student beyond the actual cost of the photocopying.
   The above prohibitions were agreed March 19, 1976. Section 107 of Title 17
   

   See Appendix I for information on the Academic Permissions Service of the Copyright Clearance Center.

Music

Photocopying Music for Educational Purposes: What quantity conforms to the law?

Following are the "Guidelines for Educational Use of Music" which accompany 17 U.S.C. §107.

A. Permissible Uses

1. Emergency copying to replace purchased copies, which for any reason are not available, for an imminent performance provided purchased replacement copies shall be substituted in due course.

2. (a) For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that the excerpts do not compromise a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more that 10% of the whole work. The number of copies shall not exceed one copy per pupil. (b) For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) that is, (1) confirmed by the copyright proprietor to be out of print or (2) unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his or her scholarly research or in preparation to teach a class.

3. Printed copies which have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted or the lyrics, if any, altered or lyrics added if none exist.

4. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher.

5. A single copy of a sound recording (such as a tape, disc or cassette) of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. (This pertains only to the copyright of the music itself and not to any copyright that may exist in the sound recordings.)

B. Prohibitions

1. Copying to create or replace or substitute for anthologies, compilations or collective works.

2. Copying of or from works intended to be "consumable" in the course of study or of teaching such as workbooks, exercises, standardized tests and answer sheets, and like material.

3. Copying for the purpose of performance, except as in A (1) above.

4. Copying for the purpose of substituting for the purchase of music, except as in A (1) and A (2) above.

5. Copying without inclusion of the copyright notice which appears on the printed copy.

Photocopies Obtained Through Interlibrary Loan

Section 108 (d) of the Copyright Law of 1976 specifies that a library may copy "no more than one article or other contribution to a copyrighted collection or periodical issue, or a small part of any other copyrighted work." The copy must become the property of the requester, and its use limited to "private study, scholarship, or research."

Interlibrary Loan activities are further restricted in the aggregate by the Commission on New Technological Uses of Copyrighted Works, CONTU Guidelines, which cap the amount of photocopying the Interlibrary Loan office can request for the University community in any calendar year. The thrust of the Guidelines is to quantify the maximum number of photocopied articles — five — that can be requested from the most recent five years of a periodical the library does not subscribe to. The CONTU Guidelines are available at the following web site. http://www.ala.org/washoff/confu.html Individuals requesting copies in excess of the CONTU allowance may be asked to pay a royalty or the fee necessary to obtain such copies commercially.

The Interlibrary Loan office is legally obligated to display prominently the following notice and to include the same text on all request forms:

NOTICE — WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Photocopy Machines

Every photocopy machine on campus must include effective signage incorporating the following text:

Notice: The copyright law of the United States (Title 17 U.S. Code §108(f) (1)) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.

Library Reserve Services

Copies or scanned images on Reserve must be marked: NOTICE: This material may be protected by copyright law (Title 17 U. S. Code)

Special restrictions apply to music Reserves. See sections on sound recordings and photocopying music.

Electronic Reserve

Opinion is divided on whether copyrighted materials may be digitized without permission or payment of royalty fees. The publishing community apparently has not objected to reserve collections that have adhered closely to the American Library Association guidelines for photocopying because no litigation, complaints, articles, or challenges have appeared. FGCU assumes that the library may scan a work — a type of reproduction — and deliver that scanned copy to students enrolled in a course for the duration of the course. The Library will not store the scanned copy for use in subsequent courses without permission of the copyright holder.

Access to electronic reserves will be restricted to students registered in the class. Students will gain access to copyrighted electronic reserve material through the course Web page. User authentication will be required for copyrighted materials.

Such use of copyrighted materials are assumed to fall within the U.S. Copyright Fair Use Guidelines in the absence of any legal guidance or a consensus among the publishing community and the library community.

QUESTIONS ? ? ? ? 

Can a whole book be photocopied when there seems to be no way to buy another copy?

Yes, so long as a vigorous marketplace search determines that another copy cannot be bought at a reasonable price, within a reasonable period. A reasonable investigation will always require recourse to commonly known trade sources in the United States and, if that fails, an attempt to obtain the copyright owner’s permission.

Are there any concise, authoritative resources that can help determine when a particular publication might be free of copyright protection?

The United States Copyright Office issues a series of Copyright Circulars on many aspects of copyright, including duration and protection of foreign publications. Individual Circulars are frequently revised, and a collection of the most recent versions is available at http://lcweb.loc.gov/copyright/.

What if I discover the need to copy more than would be permitted as "fair use" when there is insufficient time to obtain permission?

In a genuine emergency, University departments might proceed before written permission is received. However, the University’s credibility in upholding the letter and spirit of the copyright law does not allow for many such exceptions. Further, if permission were subsequently denied, the disallowed paper or electronic copies would have to be withdrawn.

Unpublished Works

Manuscripts, letters and other unpublished materials are likely to be protected by copyright regardless of age, even if they lack a notice of copyright. Consult a Reference Librarian.

Unpublished works that belong to the Library or University Archives may be reproduced in facsimile format for preservation purposes or for deposit for research use in another library or archives. Copies may usually be made for individual researchers under the law’s Fair Use provisions. (Title 17 U.S.C. § 108b)

Audiovisual Materials

Films And Videocassettes

Classroom Use

Possession of a film or video does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a film or video may be "performed". For example, videocassettes from a video rental outlet usually bear a label that specifies "Home Use Only". However, whatever their labeling or licensing, use of these media is permitted in an educational institution so long as certain conditions are met.

Section 110 (1) of the Copyright Act of 1976 specifies that the following is permitted:

Performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance or display of individual images is given by means of a copy that was not lawfully made...and that the person responsible for the performance knew or had reason to believe was not lawfully made.

Additional text of the Copyright Act and portions of the House Report (94-1476) combine to provide the following, more detailed list of conditions [from Virginia M. Helms, supra]:

1. They must be shown as part of the instructional program.

2. They must be shown by students, instructors, or guest lecturers.

3. They must be shown either in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction.

4. They must be shown either in a face-to-face setting or where students and teacher(s) are in the same building or general area.

5. They must be shown only to students and educators.

6. They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included.

Further, the relationship between the film or video and the course must be explicit. Films or videos, even in a "face-to-face" classroom setting, may not be used for entertainment or recreation, whatever the work’s intellectual content.

Library or Media Center Use

Experts on the copyright law disagree on whether a student may view an assigned videocassette in a study carrel, since such a "performance" does not take place "face-to-face" with the instructor. University policy is to permit viewing by students enrolled in the course for which the work is assigned.

Copying Videotapes/Off-Air Recording of Broadcasts/Satellite TV

Copying videotapes without the copyright owner’s permission is illegal. An exception is made for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price [Section 108 of the Copyright Act of 1987].

Licenses may be obtained for copying and off-air recording. Absent a formal agreement, "Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes", an official part of the Copyright Act’s legislative history, applies to most off-air recording [from Virginia M. Helms, supra]:

1. Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tapes must be erased.

2. Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.

3. Off-air recordings must be made only at the request of an individual instructor for instructional purposes, not by staff in anticipation of later requests.

4. The recordings are to be shown to students no more than two times during the 10-day period, and the second time only for necessary instructional reinforcement.

5. The taped recordings may be viewed after the 10-day period only by instructors for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.

6. If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need; all copies are subject to the same restrictions as the original recording.

7. The off-air recordings may not be physically or electronically altered or combined with others to form anthologies, but they need not necessarily be used or shown in their entirety.

8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

9. There guidelines apply to nonprofit educational institutions, which are further expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Certain public broadcasting services (Public Broadcasting Service, Public Television Library, Great Plains National Instructional Television Library, and Agency for Instructional Television) impose similar restrictions but limit use to only the 7-day period following local broadcast [Virginia M. Helms, supra].

Network Distribution of Video

The University negotiates for closed-circuit distribution rights, if possible, when purchasing access to satellite broadcasts or obtaining works on videotape. Without explicit permission for closed-circuit distribution, network transmission of a video is not permissible unless "Classroom Use" structures are met.

QUESTIONS ? ? ? ? 

May I purchase or rent a film from the local video store and use it in my class?

Tapes from a video store are labeled "Home Use Only", indicating a licensing agreement with the copyright holder. Nevertheless, use of such tapes is considered "fair use" in a face-to-face teaching situation. Tapes marked "Home Use Only" may also be placed on reserve and viewed in the Library if they are used strictly for instructional purposes and not entertainment.

Is it permissible to make a copy of a rental video in order to use it again, later?

No. That would infringe on the rights licensed to the rental agency. (Absent reasonable return for service, rental agencies cannot survive.)

Can an auditorium or other large space be used to show a video labeled "Home Use Only" to a class?

Yes, so long as the performance is not open to the public and is for an instructional purpose within the structure of the course. Use for entertainment is prohibited.

If my department already owns a videotape, and it has been used in the classroom, can I have it shown on the campus video network?

Not unless explicit permission for closed-circuit distribution has been obtained.

How does the "face-to-face" instruction requirement affect the practice of putting videotapes on Reserve and assigning them to students?

When purchasing videotapes, Florida Gulf Coast University seeks permission to allow this type of use. A label affixed to the cassette will specify when such permission has been granted.

Can a University-owned video be copied for Reserves?

Not unless permission for the copying has been obtained from the copyright owner.

May a club or other group show a video obtained from a local video store:

No. However, many film/video libraries and distributors offer the required "public performance rights" that is included in a higher rental fee.

I don’t have time to preview this video right now, and it is due to be returned to the vendor. Can Library Services copy it for me?

No. Preview videos may not be copied. But, in an emergency, Library Services can ask the vendor for an extended preview period.

Can a videotape be made of a film that is out of print and deteriorating rapidly?

Although the film is out of print, permission of the copyright owner is nonetheless required.

Sound Recordings

Non-Music Recordings

Cassettes or disks may not be copied unless replacement recordings from a commercial source cannot be obtained at a fair price. Recording brief excerpts is considered fair use, however. Brief excerpts may be captured and distributed via electronic course reserves.

Music Recordings

A single copy may be made for the purpose of constructing aural exercises or examinations. Otherwise, the restrictions on copying non-music recordings apply.

Slides and Photographs

Reproduction

Whenever possible, Florida Gulf Coast University will either purchase slides and photographs from authorized sources or will borrow from institutions that offer licensing for single-copy reproduction. In either case, further copying would be prohibited (17 U.S.C. § 110(1)).

Occasionally, slides of copyrighted images that are needed for classroom purposes cannot be obtained ready-made in a timely fashion. If the process of slide making would fail to meet Fair Use requirements, the requester must demonstrate that the copyright owner has granted permission.

Display

Copyright ownership of slides and photographs encompasses control over display as well as reproduction. However, Section 110 of the Copyright Act of 1976 addresses the display of copyrighted slides and photographs in educational settings by allowing "display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction" so long as the copy of the artwork was lawfully made. Furthermore, the purpose of the display must be integral to the course. Inclusion of lawfully made copies in electronic reserves is permissible.

Computer Software

Florida Gulf Coast University negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use, since these arrangements provide the University community with efficient access to computer programs that support the curriculum while assuring the copyright owner a fair royalty.

Software products that are not licensed to the University may also be used. However, copying is strictly limited except for backup purposes. Whether the software is transferred from the original to a hard disk or to an archival diskette, the backup copy is not to be used at all so long as the other copy is functional.

Libraries are permitted to lend software, but only for temporary use, not for copying. If the borrower transfers the software to a hard disk, the program must be deleted when the borrowed item is returned.

Copyright law is acknowledged to be inadequate in relation to the complexities of software use. EDUCOM, a nonprofit organization that supports the use of technology in education, launched the EDUCOM Software Initiative, which developed a statement of principle intended for adaptation and use by individual colleges and universities. It is here reproduced in full:

The EDUCOM Code: Software and Intellectual Rights

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.

Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secrets and copyright violations, may be grounds for sanctions against members of the academic community.

QUESTIONS ? ? ? ? 

Is it all right to use a single-user licensed software disk on multiple computers for use at the same time?

No. If simultaneous use on multiple computers is necessary, ask Instructional Technology about the possibility of a site licensing arrangement with the vendor. Another possibility is that the vendor may offer a price break for multiple copies or "lab packs".

What about borrowing software to load into the hard disk memory of my personal computer?

While the memory capacity of personal computers makes this very tempting, it is not within the realm of fair use unless you delete it from your computer when you return the borrowed copy. The point is that only one person at a time may use single-user-licensed software.

Distance Learning Guidelines

Specific guidelines for Distance Learning are currently being developed by the Copyright Office as a result of the recently passed Digital Millennium Copyright Act of 1998. The resulting guidelines will be included in the FGCU Copyright Policy in a timely fashion.

Section 110 (2)(C)(ii) provides copyright protection for course delivery to learners in remote . . .sites, performance of non-dramatic literary or musical or display of a work, by or in the course of a transmission, if the transmission is made primarily for . . .reception by persons to whom the transmission is directed because their disabilities or other special circumstances prevent their attendance in classrooms or similar places normally devoted to instruction . . .[is not an infringement of copyright.]

Works included in Distance Learning Courses: 1) must be part of systematic instruction; 2) used only one time without permission for entire works; 3) restricted to enrolled students; 4) transmitted on a secure system that does not permit copying by students: The receiving and sending institution may make one copy for 15 day retention for students to use.

Appendix I

[The guidelines reprinted below are an adaptation of the actual copying guidelines agreed to by the Association of American Publishers and The Author’s League of America with minor editorial changes.]

Permissions

I. Obtaining Permission by Letter Request

When multiple photocopying of copyrighted material is not within the Florida Gulf Coast University Guidelines, staff or faculty members should request permission. Communication of complete and accurate information to the copyright owner will facilitate the request. Although alternatives may be acceptable, the Association of American Publishers suggests that the following information be included in a request for permission to copy to expedite the process:

1. Title, author and/or editor, and edition of materials to be duplicated;

2. Exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material;

3. Number of copies to be made;

4. Use to be made of duplicated materials;

5. Form of distribution (classroom, newsletter, etc.);

6. Whether the material is to be sold; and

7. Type of reprint (photocopy, offset, typeset, electronic).

The request should be sent, together with a self-addressed return envelope, to the permissions department of the publisher in question. If the address of the publisher does not appear at the front of the material, it may be obtained from the Literary Marketplace (for books) or Ulrich’s International Periodicals (for journals), both published by the R. R. Bowker Company. For purposes of proof and to define the scope of the permission, it is important that the permission be in writing.

The process of considering permission requests requires time for the publisher to check the status and ownership of rights and related matters and to evaluate the request. It is advisable, therefore, to allow sufficient lead time. In some instances the publisher may assess a fee for permission, which may either be passed on to students who receive copies of the photocopied material or be paid by the requesting component as an ordinary expense.

II. Sample Letter Requesting Permission to Copy

Material Permissions Department
Hypothetical Book Company
500 East Avenue
New York, NY 20021

Dear Sir/Madam:

I would like permission to copy the following:
Title: Environmental Success, 2nd Edition
Copyright: Hypothetical Book Co., 1975, 1989.
Author: Frank Real
Material to be copied: Chapter 10 (photocopy enclosed).
Number of copies: 50
Distribution: The material will be distributed to students in my class and they will pay only the cost of the photocopying.
Type of reprint: Photocopy
Use: The chapter will be used as supplementary teaching materials.

I have enclosed a self-addressed envelope for your convenience in replying to this request.

Sincerely,
Faculty Member

III. Obtaining Permission by Telephone

If occasional time exigencies obviate the usefulness of the prior request letter, then the infrequent use of telephone permissions is acceptable. The person receiving permission should make written notes of the time and date of the call; the name of the person authorizing copying; and the extent of the permission granted; and request and obtain follow-up permission letter from the copyright proprietor.

IV. The Copyright Clearance Center (CCC)

This non-profit organization clears copyright permissions, acting as a broker between the rightsholder and the user of the copyrighted material. http://www.copyright.com

Two of the services offered by the CCC that are likely to be of interest to the FGCU community are the Academic Permissions Service and the Electronic Course Content Service.

The Academic Permissions Service provides permission to make academic coursepacks or classroom handouts. Rightsholders authorize CCC to grant permissions for the use of their works. After the coursepacks have been created and sold, CCC collects royalties and distributes them to the rightsholders. As a registered user of CCC Online, you can manage your permissions electronically.

The Electronic Course Content Service is for using copyrighted materials in electronic format for electronic coursepacks, electronic reserves, and distance learning. Through the Electronic Course Content Service, students and professors are legally authorized to access copyrighted works electronically as reference materials for college or university classes.