Central Services and Campus Copier Policy on Copying of Copyrighted Materials

Updated: 11/27/16; ​Reviewed: 10/13/21
Contact: Library Services

Faculty, staff and students are encouraged to use Central Services and campus copiers to make copies of scholarly materials for personal research and classroom use. The entire Jewell community is required, however, to abide by U.S. Copyright Law when requesting copy services. The Charles F. Curry Library has published an iBook titled Digital Copyright Basics that explains the copyright law and the exceptions allowable under fair use. All faculty, staff and students are strongly encouraged to read this iBook before requesting copies from Central Services.

Since fair use is necessarily vague and flexible, Central Services and the Library Director, serving as campus copyright compliance officer, have determined the guidelines listed below to be their threshold for legal copying of copyrighted materials on campus. Understand that these guidelines are more restrictive than the fair use statute. If you are denied copying based on the guidelines below but still feel you are within the limits of fair use, please contact the Library Director, who will assess your use against the fair use statute and, in conjunction with the faculty member and the Director of Central Services, make a determination as to whether the item falls within the fair use guidelines.

If you have written permission to use a work that falls outside these and/or fair use guidelines, please attach a copy of the permission (including any stipulations or expiration dates) to the work being copied. The Director of Central Services will retain a copy of this permission in a file of approved copyright permissions.

All copies must be made from the original source. Central Services cannot judge to amount of the work being copied without access to the original work. The staff in Central Services will not make copies of copies.

I. Single Copying for faculty, staff and students
A single copy may be made of any of the following by or for a student, faculty or staff member at his or her individual request for his or her research or use in teaching or preparation to teach a class:

  • One chapter (or the page equivalent) from a book or play with more than ten chapters.
  • No more than 10% of a book or play with less than ten chapters or no chapters.
  • 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.
  • Sheet music: no more than 10% of a work, as long as the excerpt does not constitute a single, performable unit.

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 faculty member teaching the course for classroom use or discussion, provided that:

  • the copying meets the tests of brevity and spontaneity as defined below, and
  • meets the cumulative effect test as defined below, and
  • each copy includes a notice of copyright.

Definitions
Brevity
(i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages, or (b) from a longer poem, an excerpt of not more than 250 words.
(ii) Journals/periodicals: A complete article, story, essay published in a journal
(iii) Monographs: An excerpt not to exceed 10 percent of the work in a work with less than ten chapters, or one chapter (or the page equivalent) in a work with more than ten chapters.
(iv) Illustration: One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.
(v) Sheet music: No more than 10% of a work, as long as the excerpt copied does not constitute a single, performable unit.

Spontaneity
(i) The copying is at the instance and inspiration of the individual teacher and
(ii) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect
(i) The copying of the material is for only one course in the school in which the copies are made.
(ii) Not more than one short poem, article, story, or 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.
(iii) There shall not be more than nine instances of such multiple copying for one course during one class term. (The limitations stated in “ii” and “iii” above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

III. Prohibitions in Regard to I and II Above
Notwithstanding any of the above, the following shall be prohibited:

A. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works.
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

  • substitute for the purchase of books, publishers’ reprints, or periodicals;
  • be repeated with respect to the same item by the same teacher from term to term.
  • violate any stated copyright guidelines printed on or within the work itself

If your use falls outside these guidelines, please contact the Library Director to discuss how to tailor access to fit within either these guidelines or the fair use statute.