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Rules of Thumb

   COPYRIGHT COMPLIANCE RULES OF THUMB   ~


Attribution (#6)

Anthologies (#13)

Copies (number) (#15) 

Copying (amounts) (#8)

Converting format (#14)

Creative commons (#3) 

Fair use  (#4)

Online (#9) 

Ownership (#5) 

P2P file sharing (#12)

Permission (#4)

Public domain (#2) 

Retention (#10)

Screenings (#11)

Whole works (#70


 

  1. Always assume that the intellectual property of others is covered by copyright and use the material  accordingly. [Back]
  1. Neither copyright protections nor “fair use” provisions apply to works in the public domain. (NOTE:  The Digitalslider, created by Michael Brewer and the American Library Association, is a handy tool to help you determine if a work is likely to be in the public domain.)  [Back]
  1. Copyrighted works licensed by the  Creative Commons or with non-exclusive copyright agreements may convey permission for use beyond the general limitations of copyright law.  [Back]
  1. When what you want to do isn’t fair use”, modify your use or ask permission for use from the copyright owner.  [Back]
  1. Whenever possible, use copyrighted works owned by the College or Library.   [ Back]
  1. Always include appropriate attribution and applicable copyright notices when using copyrighted material.   [Back]
  1. Complete works are best made available in class or in the Library Reserve Collection.  [Back]
  1. When copying portions of copyrighted work, “less is best.”  The greater the amount copied, the less likely that fair use exemptions will apply.  “Best practices” allow for the follow portions:
      • Audiovisual content:  Only the portion required to accomplish a specific educational goal, which may sometimes include small or short works in their entirety.
      • Data sets:  Up to 10% or 2500 fields or cell entries.
      • Graphics:  A single cartoon, chart, diagram, drawing, graph or illustration.
      • Music (sheet):  No more than 10% of the whole work.
      • Photographs: No more than 15 photographs or 10% of a collection, whichever is less.
      • Poetry:  A single poem of not more than 250 words or an excerpt of not more than 250 words.
      • Prose:  Whichever of the following options represents the least amount of content:
        • A single chapter.
        • A single essay or story of no more than 2,500 words.
        • An excerpt of no more than 2,500 words.
        • 10% of a single work.
        • A single article in a journal issue.

(NOTE:  When the work being copied is owned or licensed for use by the College or Library, copying a greater amount may be allowed.  The amount will be determined in consideration of the all four “fair use” factors, and how the copied material relates to a given educational goal.)  [Back]

  1. When made available online, copyrighted material must be protected by limiting access to the enrolled students of a specific course and prohibiting copying or distribution for non-educational purposes.  [Back
  1. Copyrighted material, in whole or in part, may not be retained in the Library Reserve Collection or remain accessible online over consecutive semesters. [Back]
  1. Public performance rights (PPR) are required to screen a film to more than the enrolled members of a class.  [Back]
  1. The unauthorized (i.e., without payment of permission) distribution of copyrighted works over the Internet (i.e., via P2P file sharing ) is copyright infringement.  [Back]
  1. Reproducing copyrighted work with the intent to create or replace anthologies or compilations, or to otherwise substitute for the purchase of works in their original formats, is copyright infringement. [Back]
  1. Converting copyrighted work from an original format to a preferred format to substitute for the purchase of the work in the preferred format, is copyright infringement.  [Back]

For information about what material is protected by copyright and "fair use" provisions of copyright law, please refer to the Selected Tools listing.  For additional assistance, please contact John Lamborn.