Guilford Technical Community College
(336) 334-4822
P.O. Box 309
Jamestown, NC 27282
Guilford Technical Community College |
GTCC (336) 334-4822 P.O. Box 309 Jamestown, NC 27282 |
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COPYRIGHT GUIDELINES
All college-sponsored instruction, activities, events, publications, theatrical or musical performances must be in compliance with federal copyright law (Title 17, U.S. Code). Employees of the college are individually responsible for identifying and obtaining information about copyright requirements, which relate to the performance of their duties, and for conforming to them. Employees who do not adhere to copyright requirements are acting beyond the scope of their employment, and may be subject to disciplinary action or dismissal. In order to assist employees in complying with the copyright law, the college maintains guidelines and procedures on the copyright law and its application.
These guidelines do not purport to provide legal advice. They are the work of a Guilford Technical Community College committee convened to revise the college's copyright policy in 1997. They were prepared as a quick introduction to the copyright law and its application at GTCC. No liability is assumed for the opinions and information presented. Each GTCC employee should review specific copyright questions with his/her legal counsel.
Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals
The purpose of following guidelines is to state the minimum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.
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 chapter from a book;
An article from a periodical or newspaper;
A short story, short essay, or short poem, whether or not from a collective work;
A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
II. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:
The copying meets the tests of brevity and spontaneity as a defined below; and,
Meets the cumulative effect test as defined below; and,
Each copy includes a notice of copyright.
Definitions:
Brevity
(1) Poetry: (a) A complete poem is 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.
(2) 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 "1" and "2" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]
(3) Illustration: One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
(4) "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 "2" 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
(1) The copying is at the instance and inspiration of the individual teacher, and
(2) 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
(1) The copying of the material is for only one course in the school in which the copies are made.
(2) 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 one class term.
(3) There shall not be more than nine instances of such multiple copying for one course during one class term.
[The limitations stated in "1" and "3" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]
III. Prohibitions as to I and II Above
Notwithstanding any of the above, the following shall be prohibited:
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.
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.
Copying shall not:substitute for the purchase of books, publishers' reprints or periodicals;
-be directed by higher authority;
- be repeated with respect to the same item by the same teacher from term to term.
No charge shall be made to the student beyond the actual cost of the photocopying.
Agreed March 19, 1976
Ad Hoc Committee on Copyright Law Revision:
By
Sheldon Elliott Steinbach.
Author-Publishers Group:
Authors
League of America:
By
Irwin Karp, Counsel.
Association of American Publishers, Inc.:
By
Alexander C. Hoffman, Chairman,
Copyright Committee.
I am teaching a class and would like to make a copy of Chapter 2 for each student. May I?
NO. The guidelines suggest that the chapter cannot be copied unless it consists of less than 1,000 words or 10% of the book, whichever is less. You may, however, make a copy of Chapter 2 for your own research.
Instructor "A" has a copy of a five-page book which was published in Great Britain. She
makes five additional copies of the book to use once every year with a particular course.
She asks, "Do I really have to send to Great Britain for those additional copies?"
YES. We observe the copyright laws of other countries and they observe ours.
A division secretary is directed by an instructor to make 75 copies of commercially produced
wordbook. Technically who is responsible for this violation?
Both the secretary and the instructor, the instructor for asking and the secretary for doing.
May I make ten copies of the title page of a library book?
YES. You may make one copy per student of any excerpt which is less than 1,000 words or less
than 10% of the book, whichever is less.
May I make copies of a commercially produced worksheet?
NO. There shall be no copying of or from works intended to be consumable in the course of
study or teaching.
May I make 20 copies of a Newsweek article to distribute to my class?
YES. You may as long as it is less than 2,500 words (test of brevity), and it would be unreasonable
to expect a response in time if a letter seeking permission to copy were written (test of spontaneity).
However, you may not use these copies semester after semester without written permission.
May I charge students for materials copied for use in class?
YES. But the cost may not exceed the actual cost of photocopying.
May I make a transparency of a worksheet to help my students work through a particular
concept?
YES. But only one copy may be made.
Must I include the notice of copyright from the original work on all copies I make?
YES.
Source: Pikes Peak Community College Learning Resource Center. The Copyright Maze: A Guide to What's Legal and What's Not, n.d., p.4.
MUSIC AND THEATRICAL PERFORMANCE
COPYRIGHT GUIDELINES
Musical Performances
What rights do we have to play music during Diversity Day activities, club events, college opening day activities, at dances, over the PA system in the cafeteria, and concerts?
All public performances of music whether for profit or not, is a copyright infringement. GTCC'S
Student Life Office maintains licenses for all small musical performances (nondramatic) from
ASCAP, BMI, and SESAC, the three major licensing societies.
Do these licenses cover college groups that may want to perform a number from an opera or
a musical?
No, grand musical performances or performances with any dramatic content, including even a
single "number" from an opera or musical, may be done outside the classroom setting only with
the advanced permission of the copyright holder and the payment of any required fees or royalties.
For example, a performance of a musical such as the Sound of Music is a grand performance and
requires that royalties be paid for performance.
The same rule applies to purely dramatic performances as of plays and pantomimes, and to showings of films. In the case of films, please note that rental of a print from a regular rental agency carries
a performance license with it. This is not true of a videocassette, however, since separate
permission from the copyright owner must be obtained for airing any videocassette in a public
performance.
Music in the Classroom
As a music instructor, may I make copies of music on the CD's that accompany the music
textbook or other sound recordings?
Yes, you can make one copy of any selection for testing and instructional purposes. That one copy
is only for the use of the instructor in the classroom.
Are there professionally prepared "fair use" guidelines for the use of sheet and recorded music
for educational purposes?
Yes. See the guidelines below.
Public Theatrical Performances
Is it legal to videotape a performance of a play produced by the GTCC Theater?
Yes, we can make a videotape of a theatrical performance if it is to be used for archival or critical purposes, unless an Equity actor appears in the production. No other uses may be made of this video.
Does GTCC have to pay royalties to playwrights or play leasing companies?
Yes, unless the playwright waives the royalties. Written authorization from the playwright is required for royalty waiver. No royalty need be paid if the play is in public domain.
Sources consulted: Gasaway, Laura N. and Sarah K. Wiant, Libraries and Copyright: a Guide to Copyright Law in the 1990s, Washington, D.C., Special Libraries Association, 1994; Reed, Mary Hutchings. The Copyright Primer for Librarians and Educators. Chicago: American Library Association and National Education Association, 1987.
The purpose of the following guidelines is to state the minimum and not the maximum and standards of educational fair use under section 107 of H.R. 2223. The parties agree that the conditional purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future, and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.
A. Permissible Uses
1. Emergency copying to replace purchased copies which for any reason are not available for an imminent performance provided purchased replacement copied shall be substituted in due
course.
2. For academic purposes other than performance, single or multiple copies of excerpts of works
may be made, provided that the excerpts do not comprise a part of the whole which would
constitute a performable unit such as a selection, movement or aria, but in no case more than
10 percent of the whole work. The number of copies shall not exceed one copy per pupil.
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 any may be retained by the educational institution or individual teacher.
5. A single copy of a sound recording (such as a tape, disk, or cassette) of copyrighted music
may be made from sound recordings owned by an educational institutional 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 which may exist in the sound recording.)
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. Copy for the purpose of substituting for the purpose of music, except as in A(1) and !(2)
above.
5. Copying without inclusion of the copyright notice which appears on the printed copy.
Students may incorporate portions of others' works into their multimedia creations and perform/display them for academic assignments in a specific course. Such projects may be retained for inclusion into their portfolios.
Faculty may incorporate others' works into their multimedia creations to:
Create multimedia curriculum materials.
Teach remote classes where access/students are limited and the technology prevents
distribution by copying.
Faculty may demonstrate their multimedia creations at professional symposia and retain same in their own portfolios.
Any copyrighted source materials used in a multimedia creation must be lawfully obtained, i.e., through purchase, gift, or license agreements. Examples: original copies of videotapes, images, books, clipart collections, and audio recordings.
Time limit on the fair use of copyrighted materials is two years from completion of work. Any use beyond two years must be with written permission for each copyrighted portion incorporated into their production.
The number of copies that can be made of a multimedia creation containing fair use materials is generally two, however, joint producers may each have a copy.
Portion Limits:
Motion Media (Video) - up to 10% or three minutes, whichever is less.
Text - up to 10% or 1,000 words, whichever is less.
Poem - up to 250 words, but further limited to three poems or portions of poems by
one poet; or five poems or portions of poems by different poets from an
anthology.
Music - up to 10% or 30 seconds, whichever is less.
Photos and Images - up to five works from one author; up to 10% or 15 works, whichever
is less, from a collection.
Database information - up to 10% or 2,500 fields or cell entries, whichever is less.
Sources consulted: University of Texas System, Copyright Management Center Web site; Stanford University Libraries Copyright and Fair Use Web site; Association of American Publisher's "Fair Use Guidelines for Educational Multimedia."
COPYRIGHT GUIDELINES
As a faculty or staff member of GTCC, when I develop my own web page, can I download and use images I find on the Internet on my pages?
Many graphics pages will give explicit permission for the use of these images. If permission is not specified, you must contact the web page owner and ask for permission. You should keep copies of the communication granting you permission.
Can I use information found on news groups without attribution?
No, this information is not public domain. To send this information in its entirety requires permission of the author. You may quote parts of this information, if you properly give the author credit.
Is E-Mail copyrighted?
All the E-mail you write is copyrighted. However, E-mail is not, unless previously agreed, secret. So you can certainly "report" on what E-mail you are sent, and reveal what it says. You can even quote parts of it to demonstrate. Frankly, somebody who sues over an ordinary message might well get no damages, because the message has no commercial value, but if you want to stay strictly in the law, you should ask first. On the other hand, don't go nuts if somebody posts your E-mail. If it was an ordinary non-secret personal letter of minimal commercial value with no copyright notice (like 99.99% of all E-mail), you probably won't get any damages if you sue them.
Can I download software and distribute it?
Some software is "public domain" meaning that you can do with it what you want. Freeware, on the other hand, is for your use but it is not appropriate for you to distribute it to others. Shareware requires renumerating the author for your use but cannot be duplicated and distributed to others.
May I make copies of articles from electronic journals or journals received electronically?
If you are an instructor making copies of articles for your students, the fair use guidelines would probably apply. Any other copying that you do should not harm the commercial value of the work.
If you pay any subscription fees to receive these journals, the same conditions would apply as for print journals. If you are an instructor making copies of articles from either of these kinds of journals for students in your class, the Fair Use Guidelines would probably apply.
Source: CYBERSPACE LAW ABSTRACTS, Larry Lessig (ed.), 1996, 97.
AUDIOVISUAL PROGRAMMING
COPYRIGHT GUIDELINES
Television Programs
Almost all programming received from television broadcasts or cable systems is copyrighted.
This programming can only be used in the instructional process by either 1) obtaining written
permission from the producers, or 2) if the use falls under the umbrella of "fair use" as outlined
below. The only widely available programming that is "public domain" and not copyrighted is local, state or federal government activities. Examples include county commissioner's meetings, congressional hearings, or addresses by public officials. This programming may be shown and recorded without restriction.
Guidelines for the Fair Use of Television-Broadcast or Cable-Transmitted Programming
Television broadcasts and cable transmissions may be received and simultaneously shown in class.
Recording of programming limited to what can be received by the general public without charge-
one cannot record from "pay" cable channels (i.e. HBO, Disney Channel, etc.).
Recorded programs may only be shown to a class once, and repeated once for reinforcement.
These viewings must be within ten "teaching days" if broadcast. A "teaching day" is a day on
which students receive instruction. It excludes holidays, weekends, exam periods, and other
non-teaching days.
Recorded programs may be retained for forty-five calendar days from date of recording. After
forty-five days, they must be erased, or permission must be obtained for retention and continued use.
Once a program is recorded and shown in the above-mentioned manner, it cannot be used again, even
if it is rebroadcast at a later date.
Programs may not be recorded in anticipation of instructor requests.
Off-air recordings need not be used in their entirety, but they cannot be altered from their original
content. Excerpts of programs may not be edited or combined with others.
Recording of programs at home for instructional use is allowed, but still falls under "fair use"
guidelines. Again, the program may only be shown to a class twice within ten teaching days
of broadcast.
All recordings must include any copyright notices that were on the original broadcast.
Most programming on public broadcasting stations, such as UNC-TV, is copyrighted. Many programs,
however, are produced by consortiums that grant the users of that station the right to record
and reuse the programming. Since these rights vary, you should contact you local station for
usage beyond the "fair use" time period.
Use of "Home-Use-Only" or rental-store videos for instructional use is allowed under the following
constraints:
They must be "legal" copies of the program.
They must be used as instructional reinforcement in the presence of both the students
and instructor. They may not be used without the instructor being in the classroom.
They can only be shown in for-credit courses. They are not allowed to be shown in
continuing education courses that offer no academic credit.
They may only be shown in classrooms or other official places of instruction.
They cannot be shown during entertainment or recreation periods.
They can only be shown to a closed audience of students and faculty assigned to a specific
course.
These guidelines were drawn from several sources and are based on the "fair use"
conventions in the U.S. copyright laws.
Other Media-Related Guidelines
Audio or video programming cannot be converted from one format to another without permission.
Examples include 3/4" videotape to VHS, film to video, or audio CD to cassette.
Duplication of audio and video programs is prohibited unless permission is obtained.
Programming downlinked off satellite is protected by the Federal Communications Act and does not fall under "fair use" guidelines. This programming must be either: 1) licensed, 2) clearly listed as "free" in a reputable satellite programming guide, or 3) the college has a membership in the service transmitting the programming.
Transmission of programming to multiple buildings or campuses is prohibited unless permission has
been obtained. Many producers offer educational institutions such permission either free-of-charge,
or at a reasonable rate.
For multimedia-related information, please see "Copyright Guidelines for Multimedia Fair Use."
Sources consulted: University of Texas System, Copyright Management Center Web site;
Stanford University Libraries Copyright and Fair Use Web site.
COPYRIGHT GUIDELINES
If I have a piece of work that I want the GTCC Bookstore to sell, what do I do?
You need to get any needed permission from the publisher if copyright information is required. If no part of the information requires copyright permission, an Indemnity Agreement (available from the Bookstore) must be signed. This agreement states, in part, that the work does not violate any copyright laws. Send the original course packet to the bookstore with both the signed Indemnity Agreement form and any signed copyright permission. Give complete instructions on how you would like the packed duplicated. The bookstore will keep the original in their files until needed again unless the instructor requests that the original be sent back to them. With any new packet, a new Indemnity Agreement form needs to be filled out.
How much printed material (journal, book, etc.) can I copy and put in my course packet?
As much as needed so long as copyright permission has been obtained on amounts needed to follow the "Fair Use Guidelines."
Sources: National Association of College Stores; Association of American Publishers, 1994.
COPYRIGHT GUIDELINES
This popular brochure from the SPA Anti-Piracy department answers some of the most commonly
asked questions about the legality of copying software products.
Is it Okay to copy my colleague's software?
That makes sense, but what do I get out of purchasing my own software?
What exactly does the law say about copying software?
So I'm never allowed to copy software for any other reason?
At my company, we pass disks around all the time. We all assume that this must be okay since it
was the company that purchased the software in the first place.
Do the same rules apply to bulletin boards and user groups? I always thought that the reason they
got together was to share software.
What about schools and professional training organizations?
I'll bet most of the people who copy software don't even know that they're breaking the law.
Is it Okay to copy my colleague's software?
No, it's not okay to copy your colleague's software. Software is protected by federal copyright law,
which says that you can't make such additional copies without the permission of the copyright holder.
By protecting the investment of computer software companies in software development, the serves
the cause of promoting broad public availability of new, creative, and innovative products. These
companies devote large portions of their earnings to the creation of new software products and they
deserve a fair return on their efforts. Without the protection given by our copyright laws, they would
be unable to produce the valuable programs that have become so important in our daily lives: educational software that teaches us much needed skills; business software that allows us to save time, effort and money; and entertainment and personal productivity software that enhances leisure
time. Questions
That makes sense, but what do I get out of purchasing my own software?
When you purchase authorized copies of software programs, you receive user guides and tutorials,
quick reference cards, the opportunity to purchase upgrades, and technical support from the software
publishers. For most software programs, you can read about user benefits in the registration brochure
or upgrade flyer in the product box. Questions
What exactly does the law say about copying software?
The laws says that anyone who purchases a copy of software has the right to load that copy onto a
single computer and to make another copy "for archival purposes only." It is illegal to use that soft-
ware on more than one computer or to make or distribute copies of that software for any other purpose unless specific permission has been obtained from the copyright owner. If you pirate software, you may face not only a civil suit for damages and other relief, but criminal liability as well, including finds and jail. terms of up to five years for a first offense, ten years for a second offense.
Questions
So I'm never allowed to copy software for any other reason?
That's correct. Other than copying the software you purchase onto a single computer and making another copy "for archival purposes only," the copyright law prohibits you from making additional copies of the software for any other reason unless you obtain the permission of the software company. Questions
At my company, we pass disks around all the time. We all assume that this must be okay
since it was the company that purchased the software in the first place.
Many employees don't realize that corporations are bound by the copyright laws, just like everyone
else. Such conduct exposes the company (and possibly the persons involved) to liability for copyright
infringement. Consequently, more and more corporations concerned about their liability have written
policies against such "softlifting". Employees may face disciplinary action if they make extra copies of
the company's software for use at home or on additional computers within the office. A good rule to
remember is that there must be one authorized copy of a software product for every computer upon
which it is run. Questions
Do the same rules apply to bulletin boards and user groups? I always thought that the reason they
got together was to share software.
Yes. Bulletin boards and user groups are bound by the copyright law just as individuals and corporations. However, to the extent they offer shareware or public domain software, this is a perfectly acceptable practice. Similarly, some software companies offer bulletin boards and user groups special demonstration versions of their products, which in some instances may be copied. In any event, it is the responsibility of the bulletin board operator or user group to respect copyright law and to ensure that it is not used as a vehicle for unauthorized copying or distribution. Questions
What about schools and professional training organizations?
The same copyright responsibilities that apply to individuals and corporations apply to schools and professional training organizations. No one is exempt from the copyright law. Questions
I'll bet most of the people who copy software don't even know that they're breaking the law.
Because the software industry is relatively new, and because copying software is so easy, many people are either unaware of the laws governing software use or choose to ignore them. It is the responsibility of each and every software user to understand and adhere to copyright law. Ignorance of the law is no excuse. If you are part of an organization, see what you can do to initiate a policy statement that everyone respects. Also, suggest that your management consider conducting a software audit. Finally, as an individual, help spread the word that the users should be "software legal" Questions
The Software Publishers Association produces a Self-Audit Kit that describes procedures appropriate
for ensuring that a business or organization is "software legal". For a free copy of the Self-Audit Kit, including a sample corporate policy statement and "SPAudit," a software management tool,
please write to the following address. Please specify the format (DOS or Macintosh) and disk
size (3.5" or 5.25" for DOS) with your request.
"Self-Audit Kit" Software Publishers Association 1730 M Street, NW, Suite 700, Washington,
D.C. 20036 (800) 388-7478
Special thanks to Aldus Corporation for their contribution to this brochure. We urge you to make as
many copies as you would like in order to help us spread the word that unauthorized copying of software is illegal.
What copies of items can be placed on reserve in the library and for what period of time?
The amount of material shall be "reasonable", as related to the total amount of material assigned for one term of a course. In other words, copied materials placed on reserve should supplement other course materials and not be used as a substitute for a purchased textbook or course pack. Generally the library should own at least one copy of the work. Occasionally the library may place on reserve copies owned by a faculty member or obtained through interlibrary loan. The copies are to be used for one course only, although multiple sections and instructors may be involved.
Photocopies of articles from periodicals:
For items brought to the library by a faculty member:
Up to six copies of a single article (but less than one copy per student) may be placed on reserve.
The articles must contain: a) a note that the copy belongs to the faculty member; b) full bibliographic information, i.e., the title of the article, author(s)' name(s), the periodical title, volume number, issue number and the date of the issue; and c) a notice of copyright (library staff shall provide the appropriate stamp bearing this notice).
Articles may not be used from term to term without written permission from the copyright holder. An example of a copyright permission request form may be found in the GTCC Management Manual. The library will retain copies of all permission forms once they are returned with the articles. If written permission has not been granted to use the article in the subsequent term, the article will be removed from reserve status and returned to the faculty member at the end of the current term.
For articles from issues of periodicals in the library's collection or obtained from interlibrary loan:
Up to six copies of a single article (but less than one copy per student) may be placed on reserve if the fair use guidelines are met, and the copies are stamped with a notice of copyright. As above, the articles may not be used from term to term without written copyright permission.
Photocopies from works other than periodicals:
Up to six copies (but less than one per student) will be accepted for reserve without written permission of the copyright holder if the fair use guidelines are met.
The original copyright notice must appear on all copies of the work. No unauthorized copies may be used to create, replace or substitute for anthologies, compilations or collective works, whether or not such unauthorized copies are collected and bound together or are provided separately.
The material may not be used from term to term without written permission from the copyright holder. An example of a copyright permission request form may be found in the GTCC Management Manual. The library will retain copies of all permission forms once they are returned with the material. If written permission has not been granted to use the copies of the material in the subsequent term, the copies will be removed from reserve status and returned to the faculty member at the end of the current term.
Recordings
Audio recordings-the library will accept for reserve only those single recordings which meet the criteria in the audiovisual copyright guidelines.
Videotapes-the library will accept for reserve: 1) commercially produced tapes which are owned or licensed by GTCC or by the individual faculty member; 2) only those off-the-air videotapes which meet the criteria in the audiovisual copyright guidelines. Library staff will remove from reserve all off-the-air videotapes ten consecutive instructional days after the date of airing.
Sources consulted: MiraCosta College, Guidelines Governing the Placing of Reserve Materials in MiraCosta College LRCs; Reed, Mary Hutchings, The Copyright Primer for Librarians and Educators, Chicago: American Library Association, 1987; Gasaway, Laura N. and Sarah K. Wiant, Libraries and Copyright: A Guide to Copyright Law in the 1990's, Washington, D.C.: Special Libraries Association, 1994.
How many copies of an item may the library request for customers?
For articles from periodicals: the library may request an article from a periodical title up to five times within a calendar year, if the issues are five years old or less. If an issue is over five years old the limitation does not appear to apply. Here are examples of how these five articles could be spread:
All requests from a given title could be from one volume year
The requests could be for articles spread out over any of the five years
The requests could be made separately for the same article for five different customers
If you are the sixth person to request an article from this periodical title during the calendar year, the library would have to refuse your request for the interlibrary loan. However, the library will attempt to find the article for you by other means. Please advise the reference librarian by what date you need the article; (s)he will get back to you as soon as possible.
For literary works and collective works: the number of times the library may request the loan of an entire literary work (such as a book) or of an entire collective work (such as anthology) appears to be unlimited (although the lending libraries may refuse to send it if frequent requests are made). However, if the library requests copies of a portion of a literary work or of a collective work, the amount of the work which can be copied is covered in the fair use guidelines.
The GTCC library must maintain records for three calendar years after the calendar year an interlibrary loan request is made and filled. The requests must be easily accessible by title.
Sources: Libraries and Copyright: A Guide to Copyright Law in the1990's, Gasaway and Wiant; The Copyright Primer for Librarians and Educators, Mary Hutchings Reed.
rev. df 6/4/09