UNIVERSITY OF PITTSBURGH POLICY \ 10-04-01
CATEGORY: SUPPORT SERVICES
SECTION: University Copying
SUBJECT: Copying Copyrighted Material
EFFECTIVE DATE: February 14, 1989
PAGE(S): 8
I. SCOPE
This policy affirms the guidelines for making reproductions of
copyrighted material, adopted by the University of Pittsburgh
in compliance with the Copyright Act, Title 17 U.S. Code.
(On file with University Counsel.)
II. POLICY
COPYRIGHTED MATERIAL
The Copyright Act provides that works of authorship which are
subject to copyright protection include:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings, such as phonograph records and tapes
- Computer software
Almost any form of creative work may be subject to
copyright protection. In addition, subject to
certain exceptions, some protection is automatic for
unpublished works as well as for those which are
published.
In some instances, multiple works are produced by the
publisher without a copyright notice and are not protected by
Copyright. In those instances, application of the Copyright
Act is not a concern.
Photocopying/Reproduction
Only a single copy of a copyrighted article or a minor part of
a work may be made for personal use, unless written
permission to do otherwise has been secured from the
copyright holder by the person who makes the copy or requests
copying service. See Procedure 10-04-01, Copying Copyrighted
Material.
- The copy or copies of the copyrighted work becomes the
property of the person who requested it.
It is not permissible to copy an entire issue, volume or
complete work. However a copy may be made for replacement
purposes if:
- The item has been lost, stolen, or damaged, and
- It has been determined that a copy is not available
through normal trade sources at a fair price
All the privileges of copying under Section 108 of the
Copyright Act require that the copy:
- Be made without the purpose of direct or indirect
commercial advantage
- Be made by a library or archives that is open to the
public or at least a non-affiliated researcher "doing
research in a specialized field"
- Include a proper notice of copyright
Public Domain
Almost everything copyrighted in 1905 or previously is now in
the public domain and multiple copies may be made.
- In rare instances a private law has been passed by
Congress to provide extended copyright protection for a
title.
While some materials since 1906 have come into the public
domain, the University and its libraries are not equipped to
perform copyright searches to identify those materials which
are no longer protected.
- The patron may have the U.S. Copyright Office perform a
copyright search at an hourly charge.
- A written statement from the U.S. Copyright Office that a
work is in the public domain is acceptable proof that
multiple copies may be made.
Multiple works that are produced by the publisher without a
copyright notice are not protected by Copyright. In those
instances, the Copyright Act does not apply.
GOVERNMENT PUBLICATIONS
Most U.S. government publications may be copied without
restrictions except to the extent they contain copyrighted
materials from other sources.
U.S. Government publications are documents prepared by an
official or employee of the government in an official
capacity, and include:
- The opinions of courts and legal cases
- Congressional reports on proposed bills
- Testimony offered at congressional hearings
- Works of government employees in their official
capacities
Works prepared by outside authors on a contract of the
government may or may not be protected by copyright,
depending on the specifics of the contract.
State Government works may be protected by copyright, and
should be checked for notice of copyright before making
copies of such material.
FOREIGN PUBLICATIONS
In accordance with international copyright treaties, foreign
publications are to be treated as if they were copyrighted in
the United States.
LIBRARY RESERVE USE OF COPYRIGHTED MATERIAL
Printed Material
Only a single copy of a copyrighted article or a minor part of
a work may be made, for personal use, unless permission has
been obtained to do otherwise. See Procedure 10-04-01,
Copying Copyrighted Material.
All copies must show the proper copyright notice and the
source (title and publisher) of the material.
Multiple copies of duplicated material will be reserved only
if such copies are accompanied by a written permission from
the copyright owner, or they meet the tests of brevity,
spontaneity, and cumulative effect (See Procedure 10-04-01),
and the following guidelines:
- The amount of materials should be reasonable in relation
to the total amount of materials assigned for one term
or course, taking into account the nature of the course,
its subject matter, and level
- 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
- The materials should contain a notice of copyright
- The effect of photocopying materials should not be
detrimental to the market for the work
The fact that a faculty member supplying such copies may be
the author of the material does not insure that he is the
copyright owner. The ownership of copyright must be verified
and proof offered to the library that such verification has
been accomplished.
If the request is to reserve reprints rather than photocopies,
no permission is required.
Personal copies of monographs may be reserved, as long as they
are originals and not photocopies.
Audiovisual Material
Pictorial, graphic, or sculptural works, motion pictures and
other audiovisual material may be reproduced by the Library
or University Center for Instructional Resources (UCIR) for
the following purposes:
- For preservation and security, provided the original work
is currently in the collection of the library or owned
by UCIR and the work is unpublished
- For replacement of a damaged, deteriorating, lost or
stolen published material, providing an unused
replacement cannot be obtained at a reasonable price
The library may make one archival tape for each tape
purchased, unless specifically forbidden by the supplier.
- Only one copy, either the original or archival, may be
used or circulated at any given time.
If multiple copies are needed, they must be purchased.
Reproduction for other purposes, with exception of classroom
use (See below), is prohibited without permission from the
Copyright owner.
Course Reserves - Single Copies
A faculty member in the course of teaching and research may
ask the library to make single copies of copyrighted
material.
That copy is retained by the instructor, and he may lend it to
the library with a written statement (form available in the
library) requesting the library to put the copy on reserve
for the use of his students in a given course.
The library will keep the copy only until the end of the term,
at which time it is returned to the instructor.
- The instructor may relend the above mentioned copy to the
library for use in the same or other course in the
future.
Course Reserves - Multiple Copies
To make or have made multiple copies of copyrighted work for
course use for only one term, the library will write for the
copyright holder's permission, on the faculty member's behalf
(if the tests of brevity, spontaneity, and cumulative effect
cannot be met). See Procedure 10-04-01, Copying Copyrighted
Material.
Faculty members requesting more than one copy will be asked to
cover the cost of the copies.
If permission is granted, the library will pay all reasonable
royalties.
Permission of the copyright holders for continued use is
required for the library to make or reserve copies of the
same material for more than one term.
Libraries have the right to refuse to copy materials which are
fragile and may be damaged in the copying process, whether
from the libraries' own collections or borrowed from another
library.
INTERLIBRARY LOANS
The library can request up to five articles from a given
periodical during one year for issues published during the
past five years. This restriction does not apply to any
periodical whose publication date is more than five years
prior to the date when the request is made.
The library keeps records on all interlibrary loans for a
period of three years.
COPIES FOR TEACHERS FOR CLASSROOM USE
Single Copying for Teachers. A single copy may be made of the
following by or for a teacher at his individual request for
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
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, spontaneity and
cumulative effects, as defined in Procedure 10-04-01,
Copying Copyrighted Material
- Each copy includes a proper notice of copyright
MUSICAL WORKS
Copying music scores for the purpose of performance is not
permitted. However, exceptions may be made in emergencies:
- To replace University-owned copies which for any reason
are not available for an imminent performance
- Providing purchased replacements are substituted in due
course
Single Copies
A single copy may be made of an entire performable unit by or
for a teacher for research or other academic purposes (other
than performances) providing:
- It has been determined by a written statement from the
copyright owner that the work is out of print
- The unit is unavailable except in a larger work
A single copy may be made of an entire recording of a
performance by students for evaluation or rehearsal and the
copy is retained by the teacher or the University.
A single copy may be made of an entire sound recording of a
musical work, providing the original is a sound recording
owned by the teacher or the University.
- The copying must be only for the purpose of constructing
aural exercises or examinations and,
- The copy (e.g. tape or cassette) is retained by the
teacher or the University.
Multiple Copies
Multiple copies may be made of excerpts from copyrighted work
providing the copying constitutes a non-performable unit.
ROYALTY PAYMENTS: PERFORMANCE AND DISPLAY
No royalty payment is required for the performance or display
by the instructors or the students of any work in the course
of face to face teaching activities in classrooms or similar
places devoted to instruction.
- Provided that the performance or display was given by
means of a copy that was lawfully made, rented, or owned
No royalty payment is required for the performance or display
by the instructors or the students of audio-visual material
and motion pictures in a classroom setting in the course of
teaching activities, provided that the performance or display
was given by means of a copy that was lawfully made, rented,
or owned.
No royalty payment is required for transmitting the
performance or display of non- dramatic literary or musical
works by campus ratio or TV stations if the performance or
display is:
- A regular part of the systematic instructional activities
of the University
- Directly related, and of material assistance to teaching
- Made primarily for reception in classrooms or similar
places devoted to instruction
Royalty Payments are required for all performances or displays
of copyrighted material that are not related to instructional
activities in a classroom setting. The Office of Student
Activities is responsible for arranging a system for such
payments. See Procedure 10-02-01, Copying Copyrighted
Material.
PROHIBITIONS
Copying is not permitted to create, replace, or substitute for
anthologies, compilations or collective works.
- Such replacement or substitution is prohibited regardless
of whether copies of various works or excerpts therefrom
are accumulated or reproduced and used separately.
Copying is not permitted from works intended to be
"consumable" in the course of study or of teaching. These
include:
- Workbooks
- Exercises
- Standardized test and test booklets
- Answer sheets
Copying is not permitted to:
- 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, without prior permission from
the copyright owner
No charge is made to the student beyond the actual cost of the
copying.
PHOTOCOPYING MACHINES
A display warning of copyright laws shall be in a prominent
place on all machines to inform the public of its
obligations.
The warning should read as follows:
"Notice: The copyright law of the United States
(Title 17 U.S. Code) governs the making of
photocopies or other reproductions of copyrighted
material. The person using this equipment is liable
for any infringement."
The University is not required to police machines or to advise
on possible infringement of the law.
III. REFERENCE
- Procedure 10-04-01, Copying Copyrighted Material.