The photocopy policy of Academy College and its Library will be in compliance with the Copyright Law (Title 17, U.S. Code).  Its purpose is to aid in the interpretation and understanding of this law. The following guidelines and policy models will be used, although none of these is intended to add to, delete from, or modify the law itself.

Academy College does not condone a policy of photocopying instead of purchasing copyrighted works where such photocopying would constitute an infringement under the copyright law, but it does encourage faculty members to exercise good judgment in serving the best interests of students in an efficient manner.

The Copyright Act allows anyone to photocopy copyrighted works without securing permission from the copyright owner when the photocopying amounts to a fair use of the material.  The guidelines in this report discuss the boundaries for fair use of photocopied material used in research or the classroom, or in a library reserve operation.   Fair use cannot always be expressed in numbers - either the number of pages copied or the number of copies distributed.

1. Uncopyrighted Published Works
   Writings published before January 1, 1978, that have never been copyrighted may be photocopied without restriction.


2. Published Works with Expired Copyright
   Writings with expired copyrights may be photocopied without restriction.  All copyrights prior to 1906 have expired.  Copyrights granted after 1906 have been renewed; however, the writing probably will not contain notice of renewal


3. Unpublished Works
   Unpublished works, such as theses and dissertations, may be protected by copyright.  If such a work was created before January 1, 1978, and has not been copyrighted or published and does not contain a copyright notice, the work is protected under the new act for the life of the author plus 50 years, but in no case earlier than December 31, 2002.  Works created after January 1, 1978, and not published enjoy copyright protection for the life of the author plus 50 years.


4. U.S. Government Publications
   All U.S. Government publications with the possible exception of some National Technical Information Service publications less than five years old may be photocopied without restrictions, except to the extent they contain copyrighted material from other sources.

Normally, an infringer is liable to the copyright owner for the actual losses sustained because of the photocopying and for any additional profits of the infringer.  Where the monetary losses are nominal, the copyright owner usually claims statutory damages instead of the actual losses.  The statutory damages may reach as high as $10,000 (or up to $50,000 if the infringement is willful).  In addition to suing for money damages, a copyright owner usually can prevent future infringement through a court injunction.

1. Research Uses

Generally, instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class:


1. A chapter from a book;
2. An article from a periodical or newspaper;
3. A short story, short essay or short poem, whether or not from a collective work;
4. A chart, diagram, graph, drawing, cartoon or picture from a book, periodical, or newspaper.

Most single-copy photocopying for personal use in research - even when it involves a substantial portion of a work - may constitute fair use.

2. Classroom Uses


Uses of Photocopied Material Without Permission

Primary and secondary school educators have, with publishers, developed the following guidelines, which allow a teacher to distribute photocopied material to students in a class without the publisher's prior permission, under the following conditions:

1. The distribution of the same photocopied material does not occur every quarter;
2. Only one copy is distributed for each student, which must become the student's property;
3. The material includes a copyright notice on the first page of the portion of material photocopied;
4. The students are not assessed any fee beyond the actual cost of the photocopying.

In addition, the educators agreed that the amount of material distributed should not exceed certain brevity standards.

The photocopying practices of an instructor should not have a significant detrimental impact on the market for the copyrighted work.

Uses of Photocopied Material Requiring Permission


1. Repetitive Copying.  The classroom or reserve use of photocopied materials in multiple courses or successive years normally will require advance permission from the owner of the copyright.
2. Copying for Profit.  Faculty should not charge students more than the actual cost of photocopying the material.
3. Consumable Works.  The duplication of works that are consumed in the classroom, such as standardized tests, exercises and workbooks, normally requires permission from the copyright owner.
4. Creation of Anthologies as Basic Text Material for a Course.  Creation of a collective work or anthology by photocopying a number of copyrighted articles and excerpts to be purchased and used together as the basic text for a course in most instances will require the permission of the copyright owners.  Such photocopying is more likely to be considered as a substitute for purchase of a book and thus less likely to be deemed fair use.

3. Library Reserve Use


1. To supplement teaching, the faculty member may photocopy and place on reserve in the Library one copy of excerpts from copyrighted works;
2. It is the responsibility of the faculty member to obtain permission;
3. Multiple copies must bear permission from the copyright owner or must meet the following guidelines:
   1. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level;
   2. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material;
   3. The material should contain a notice of copyright;
   4. The effect of photocopying the material should not be detrimental to the market for the work;
   5. The copying is for only one course during the quarter and will not be repeated during any future quarters;
4. Consumable works such as standardized tests, exercises, and workbooks may not be photocopied unless permission from the copyright owner is received;
5. All photocopies must bear in a prominent place the following notice:
   

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   NOTICE:  This material may be protected by
   copyright law (Title 17 U.S. Code)

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6. The Library reserves the right to refuse to photocopy material when it appears that by doing so it would be in violation of the copyright law.

4. Inter-Library Loan Policies

Section 108(d) of the Copyright Law authorizes the making of a single copy of a single article or a copy of a small part of a copyrighted work for purposes of interlibrary loan provided the following conditions are met:

1. The copy becomes the property of the user;
2. The Library has no notice that the copy would be used for any purpose other than private study, scholarship or research;
3. The Library both displays prominently at the place copying is done by users or where copying requests are accepted and on its order form the following warning of copyright:
   

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   NOTICE:  WARNING CONCERNING COPYRIGHT RESTRICTIONS
   The Copyright law of the United States (Title 17, United States Code) governs the making of photocopies and other reproductions of copyrighted material.  Under certain conditions specified in the law, the Library and its users are authorized to furnish or make 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.

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4. 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;
5. Section 108(g)(2) further provides that requests must not be in such aggregate quantities as to substitute for purchase or subscriptions.

5. Library Copying Not Authorized


1. The Library is not authorized to make multiple copies.
2. The Library is not authorized to make related or concerted reproduction or distribution of multiple copies.
3. The Library is not authorized to make systematic reproduction or distribution of single or multiple copies.



6. Coin/Card/Password-Operated Copying Machines

Academy College, its Library or Academy College staff are not liable for unsupervised copying on coin/card/password-operated copying machines.  The individual user remains liable for any infringement of the copyright law.

The following notice shall be posted near coin/card operated machines:

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