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Copyright: Copyright
for Faculty

Reserves Use

Copyright permission or the purchase of usage rights is expected, for any items not within the professor's intellectual property. The best course of action is to seek permission for all copied material that you intend to use in class projects or for any other use.

Information about copyright as it pertains to course reserves is covered in the HPU Libraries Copyright Policy.

Coursepacks

From the HPU Libraries Copyright Policy:

Coursepacks 

All articles, chapters, and other individual works in any print or electronic coursepack require copyright permission.

  1. Copyright permission for coursepacks is usually granted by the academic period. To reuse a coursepack in subsequent academic periods (e.g.: semester, quarter, trimester, etc.), one will probably need to obtain permission again. Many copyright holders provide time-sensitive permission because their own rights may be time-sensitive and could be transferred to different copyright holders at any time.
  2. When ordering coursepacks it is important to clarify who will obtain permission for the coursepack – the copy shop or reprographic center, the faculty member, or a member of the administrative staff.
  3. Deferring responsibility for copyright permission will not provide you protection against a claim of copyright infringement.  

Research & Teaching Uses

In general, faculty and students may make a single copy of any of the following-- book chapter, article, short story, short essay, short poem, graph, drawing, chart, cartoon, picture -- for scholarly research or use in teaching or preparing to teach a class. You should consider the four factors of fair use listed in to make sure that any additional photocopying is justified. The following demonstrate situations where increased levels of photocopying would continue to remain within the ambit of fair use:

  • the inability to obtain another copy of the work because it is not available from another library or because the source cannot be obtained within your time constraints;
  • the intention to photocopy the material only once and not to distribute the material to others;
  • the ability to keep the amount of material photocopied within a reasonable proportion to the entire work (the larger the work, the greater amount of material which may be photocopied).

Am I protected by copyright?

As soon as you place any original work of your own authorship in a fixed medium, for example, write it down or record it, you are the copyright owner.  You do not have to register copyright with the government to be a copyright owner, however in some cases you may wish to do so.   As a copyright holder, you are protected by the exclusive rights listed above.  There are some exceptions and limitations to these rights - one major limitation is the doctrine of Fair Use.

How do I know if something is copyrighted?

Any "original work of authorship" that is fixed in a "tangible form of expression" is protected by copyright.  The following categories are copyrightable works:

  • literary works, including computer software
  • musical works and accompanying words
  • dramatic works and accompanying music
  • pantomimes and choreographic works
  • pictorial, graphic and sculptural works
  • motion pictures and other audiovisual works
  • sounds recordings
  • architectural works

Here are some things that are NOT protected by copyright law:

  • ideas, procedures, concepts
  • titles, names, short phrases
  • works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or recorded
  • works consisting entirely of information that is commonly available (standard calendars, measures and rulers, tables compiled from public documents, etc...)
  • works by the United States government

Distribution in the Classroom

Multiple photocopies for classroom use may be made by or for the teacher for classroom use or discussion provided the copying is brief and spontaneous. These copies can be distributed to students in a class without the publisher's prior permission, under the following conditions:

  • the distribution of the same photocopied material does not occur every semester;
  • only one copy is distributed for each student which copy must become the student's property;
  • the material includes a copyright notice on the first page of the portion of material photocopied;
  • the students are not assessed any fee beyond the actual cost of the photocopying.