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Policy Statement

The federal Copyright Act is designed to promote the creation, publication and use of works of the intellect. In order to achieve those goals, the Act grants to copyright owners certain exclusive rights, including the exclusive right to copy the copyrighted material. Nevertheless, this exclusive right prohibiting copying is subject to an exception, the doctrine of "fair use."

Under the doctrine of "fair use," copyrighted material can be copied without the copyright owner's permission provided certain criteria are met. These guidelines are intended to help the faculty determine what items can be reproduced under the doctrine of "fair use" and what items can be reproduced only after obtaining the permission of the copyright owner. It is the university's policy to defend faculty members who have been sued for copyright inment only if the faculty member has complied with these guidelines.

Guidelines

I. The initial determination of whether copyrighted material can be reproduced under the doctrine of "fair use" is placed with the faculty member desiring to use the material.

A. This determination is made by using the Criteria for "Fair Use."

B. If the material and its intended use fall within the Criteria for "Fair Use" guidelines, then the faculty member completes the Statement for Reproduction. The faculty member must also complete the information at the bottom of the statement. This information will be copied onto the first page of the material to be reproduced.

1. A copy of the statement is given to the university Print Shop along with the material to be reproduced.

2. A copy of the statement is sent to the assistant provost/chief information officer by the Print Shop.

C. If the material and its intended use do not fall within the Criteria for "Fair Use" Guidelines, then the faculty member must seek the permission of the copyright owner.

1. If the copyright owner grants permission for reproduction, then the faculty member completes the Statement for Reproduction.

a. A copy of the statement is given to the university Print Shop along with a copy of the permission letter and the material to be reproduced.

b. A copy of the statement and of the permission letter is sent to the assistant provost by the Print Shop.

2. If the copyright owner denies permission or grants permission conditioned upon payment of a fee or on other terms unacceptable to the faculty member, then the faculty member must have the assistant provost review the material and the letter from the copyright owner denying permission or granting permission conditioned upon payment of a fee or on other unacceptable terms.

a. The assistant provost will review the material and will make a determination as to whether the materials can be reproduced under the doctrine of "fair use" without the copyright owner's permission. This determination will be made after appropriate consultation with the university's legal counsel.

b. If the assistant provost determines the material can be reproduced, then the faculty member completes the Statement for Reproduction.

i. A copy of the statement along with material to be reproduced is given to the university Print Shop.

ii. A copy of the statement is sent to the assistant provost by the Print Shop.

II. The assistant provost occupies a unique role in these guidelines.

A. The assistant provost serves as the responsible university official in deciding whether
material can be reproduced after the copyright owner denies permission or grants
permission conditioned upon payment of a fee or on other unacceptable terms.

B. The assistant provost also serves as a “clearing house” of copyright information for the
university. Records of all copyright evaluations, Statements for Reproduction and
permission letters are held by the assistant provost and may be consulted.

Criteria for Determining “Fair Use”

I. Multiple copies (not to exceed more than one (l) copy per pupil in a course) may be made by or for the faculty member giving the course for classroom use or discussion provided that:

A. The reproduced material is completely distributed to the class; extra copies cannot be made for use in a later course.

B. Each copy of the reproduced material includes the notice of copyright as contained in the Statement for Reproduction.

C. The material to be reproduced meets these criteria:

1. The material is to be used for non-profit educational purposes. The university takes the position that any material reproduced for classroom use meets this criterion.

2. The materials' nature is not "consumable." That is, the material to be reproduced cannot include workbooks, exercises, standardized tests, and answer sheets, which are "consumed" during the course of study.

3. The amount of the material to be reproduced must be relatively small in relation
to the copyrighted work as a whole.

4. The reproduction of the material must not have a significantly adverse effect upon the potential market for or value of the copyrighted work.

II. Notwithstanding any of the above, the following shall be prohibited.

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

B. Reproduction shall not substitute for the purchase of books or periodicals. Generally, the same item shall not be reproduced and used by the same faculty member from semester to semester without obtaining the consent of the copyright owner.

C. No charge shall be made to the student beyond the actual cost of the reproduction.

Statement of Reproduction

The Print Shop is requested to make_______ copies of the following:
(number)

(Author) _______________________________________________________________________

(Title) _________________________________________________________________________

(Publisher, address of publisher and year of publication)

The material to be copied consists of (identify the material, e.g., "a poem entitled...,' 'Chapter l0," "pages l0l-l02"). The material is to be used in (name of course)_________ during the _____ semester, 20__.

Check the box preceding the applicable statement.

/ / I have reviewed the material to be reproduced and have determined that the material and its intended use constitute "fair use."

/ / The owner of the copyright has given me permission to reproduce the material. Attached is a copy of the permission letter.

/ / The reproduction of this material has been approved by the assistant provost.

________________ ___________________________
Date Faculty Member

______________________________________
Department

Detach the bottom portion and affix to page l of the material to be copied.

(Name of the copyright owner) _____________________________

This material was reproduced for use in (name of course)________ during the_________ term, 20___. No further reproduction or distribution is authorized.

Material Permissions Department

Hypothetical Book Company
500 East Avenue
Chicago, Illinois 6060lPermission Letter Model

Dear Sir/Madam:

I would like permission to copy the following for use in my (name of class)____________ at Wittenberg University next semester__________ (date) .

Title: Knowledge is Good, Second Edition

Author: Frances Jones

Material to be duplicated: Chapter l0 (Photocopy enclosed)

Number of copies: 50

Distribution: The materials 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 a supplementary teaching material.

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

Sincerely,

Faculty Member

(Name and Title)
August 2005 pg. 115

GUIDELINES FOR OFF-AIR VIDEO RECORDING AND RETENTION OF VIDEO TAPES

Purposes: The guidelines have been established for the following reasons:

To provide the maximum possible opportunity for the use of video materials for classroom teaching, consistent with the current copyright laws and with respect for the inherent right of creative artists to control and benefit from the products of their own creativity.

To establish a consistent and orderly procedure for obtaining permission and, where available, purchasing the right to use video materials for teaching at Wittenberg.

Guidelines:

1. Any faculty member may request that Audio-Visual Services record off-air television programming for potential classroom use. The program(s) to be recorded must be available by open-air broadcast, not just through cable system sources; that is, the program could be picked up by a non-cable television set (e.g., using "rabbit ear" antennae) at the time of recording. Programs from some cable sources, such as HBO, A&E, etc. are not considered "off-air" and must be individually licensed. As a guide, the following television broadcast channels may be received in the Springfield area depending on environmental conditions:

Channel	From	Channel	From
2	Dayton (NBC)	l6	Dayton (PBS)
4	Columbus (NBC)	l9	Cincinnati (FOX)
6	Columbus (ABC)	22	Dayton (ABC)
7	Dayton (CBS)	26	Springfield (IND)
l0	Columbus (CBS)	34	Columbus (PBS)
l4	Cincinnati (PBS)	45	Dayton (FOX)

2. Any video material taped by Audio-Visual Services may be previewed or used for classroom teaching by any faculty member at Wittenberg for a period of 45 days following the taping.

3. During this 45-day grace period, the faculty members interested in the taped material must decide whether they want to seek the rights to keep the material on a long-term basis or have it erased.

4. Any material not decided on at the end of the 45-day grace period will be erased at the direction of the director of audio-visual services.

5. Should any faculty member wish to retain taped video material longer than the 45-day period, then the director of audio-visual Services will contact the holder of the copyright or his or her agent to determine (a) willingness to grant permission for prolonged use of the material for teaching and (b) cost (if any) for this right.

6. If a cost for use is involved, the director of audio-visual services will inform the interested faculty member so that arrangements can be made for the payment of the fee.

7. Should the Audio-Visual staff wish to enter into an agreement to use any video material for a fee, this agreement must be approved in advance by the director of business affairs of the University, in order to ensure proper legal consultation on the terms of the contract.

8. During the period following the 45-day grace period after taping, and while negotiations are going on for the right to retain the taped material, this material will be held in storage and will not be used for classroom teaching or any other purpose.

9. All legal contracts for the use of any taped material will be retained by the director of audio-visual services with a copy going to the director of business affairs.

l0. These guidelines supersede any previous guidelines established at this university for the control of videotaping.

Administration:

Human Resources