Central Michigan University adheres to the U. S. laws governing the copyright of published materials. If you provide, or expect the students in your class to copy, a specific article or excerpt from a book or other copyrighted material, you must obtain copyright permission prior to copying it.

Following are some of the most commonly asked questions about copyright.

1. Why do I need to worry about copyright?
   
    
2. Can I avoid the need to get permission by telling students that they must obtain their own copy of an article or book chapter?
   
   
3. How much lead time do you require to obtain copyright permission?
   
   
4. What information does the CMU Bookstore need in order to obtain copyright approval for handouts or course packs?
   
   
5. Will I be informed if I am denied permission to use some material?
   
   
6. Can I use the material whenever I want to once copyright permission is obtained?
   
   
7. Who provides the master for the copies to be made?
   
   
8. What are the guidelines for copying?
   
   
9. The CMU Bookstore has obtained the copyright clearances on my course pack materials. Where do I take my course pack to be copied?
   
   
10. Can portions of workbooks be copied? How about entire tests or portions of them?
    
    
11. What percentage of a book can be copied?
    
    
12. What is blanket permission?
    
    
13. What is public domain?
    
    
14. What is considered in the public domain?
    
    
15. Are law cases in the public domain?
    
     
16. Are items I find on the Internet in the public domain or do I have to obtain permission to make multiple copies of these as well?
    
    
17. How do I obtain copyright permission to use material found on the Internet?
    
    
18. If a book is out of print, can its contents be copied without asking permission?
    
    
19. An instructor informed me that now that the TEACH Act has passed, copyright permission no longer has to be obtained to use copyrighted materials for distance education classes. What is the TEACH Act? Is it true that materials can be copied at will?
    
     
20. What will the TEACH Act improve? What are the restrictions?
    
     
21. May I show a video of a movie in class without permission?
    
     
22. Isn't anything I use in my class exempt from copyright law under fair use guidelines?
    
     
23. Should we use fair use guidelines to determine what can be used for course pack material?
    
     
24. Should we use fair use guidelines to determine what can be used for reserves?
    
     
25. When should we conduct fair use analyses?
    
     
26. Your website explains fair use, but could you provide a couple examples of a fair use analysis?
    
     
27. Can you suggest any resources that could help determine the effect on the market of using materials without permission?
    
     
28. Do you have any sample form letters I can use to request copyright permission?
    
     
29. Can I copy anything I use in my class and put it on my web site?
     
30. Aren't there some simple guidelines I can follow to ensure that I'm in compliance with copyright law?

1. Why do I need to worry about copyright?

First of all, faculty, students and staff at CMU need to be concerned about copyright because it is the law. It is international law and there are penalties for violating this law. Secondly, by agreeing to work at or attend CMU you have agreed to abide by this law. Thirdly, the law is vague and ever changing, so it is important for the CMU community to be aware of recent changes in the law (such as the DMCA and the TEACH Act) and how it affects them. Fourthly, with the proliferation of Internet access and the ability to create web pages, it is easier to be found in violation of the law. Finally, copyright law also protects works created by CMU faculty, staff and students.

2. Can I avoid the need to get permission by telling students that they must obtain their own copy of an article or book chapter?

It is strongly recommended that you do not follow this practice. If you provide the first copy, you are probably still engaging in copyright infringement. Even if you do not provide the first copy, you could be seen as assisting in the violation of copyright or encouraging violation of copyright by others. Do not do indirectly what you cannot do directly. The CMU Bookstore would much rather prefer to assist you in obtaining necessary permissions to use this material directly.

3. How much lead time do you require to obtain copyright permission?

For optimal results, the deadline for submission of course packs is ten weeks prior to the start of class, whether for first time or subsequent use. The Bookstore needs the course pack copied and on the shelf ready for purchase two weeks before the class starts.

4. What information does the CMU Bookstore need in order to obtain copyright approval for handouts or course packs?

The CMU Bookstore needs the complete citation for each item you are using. Often the contract CMU signs with the publisher requires that this information be included. If the publisher has to find missing information, delays in approval can result. If your citation is incomplete, reference librarians are available to assist you; call the reference desk at 989-774-3470.

To make sure the CMU Bookstore has all the information needed, forms are available to be filled out for each type of request, whether for articles, book excerpts, sheet music, cartoons, illustrations or law cases.

If you are setting up an entirely new course pack or adding new items to an already established course pack, you are required to complete these forms; they are available at http://www.cmich.edu/copyright/. On the menu to the left, click on Copyright Assistance and then click on the Copyright Permission Request Forms. If you do not have access to a computer, contact the CMU Bookstore by phone at (989) 774-584 and the forms will be faxed or mailed to you.

For articles?
Use the Form to Request Copyright Permission - Articles.

For chapters or excerpts from books and documents?
Use the Form to Request Copyright Permission -- Book Excerpts.

For edited books of readings by different authors?
Again use the Form to Request Copyright Permission -- Book Excerpts.

For comic strips or illustrations?
Use the Form to Request Copyright Permission - Cartoons/Illustrations.

For more complete instructions regarding the forms, see Filling out Copyright Request Forms for Course Pack Materials (http://www.cmich.edu/copyright/assistance/instruct_coursepack.htm).

5. Will I be informed if I am denied permission to use some material?

Yes, as soon as the publisher lets the CMU Bookstore know your request has been denied. You will also be informed when the rest of the course pack has been approved and is ready to be copied and distributed.

6. Can I use the material whenever I want to once copyright permission is obtained?

No, copyright permission must be obtained each time you teach a class because the copyright holder generally requires that approval be obtained each time; if copyright fees are charged, the publisher requires payment each time the material is copied. As soon as you know you are going to teach the course again, just call the CMU Bookstore to reactivate your file and to contact the copyright holders again.

7. Who provides the master for the copies to be made?

You provide the originals and send them to CMU Printing Services.

8. What are the guidelines for copying?

• Copies should be on 8.5 x 11 inch paper.
• Copies should be single-sided.
• The copy center cannot make copies of a master that has white printing on a black background or that has black margins around the pages; the black damages the copy machines.
• Do not reduce the pages in order to get two pages copied onto one page; many students have complained in the past about not being able to read the copies.
• Be sure copies of comic strips include the title of the strip, e.g. Peanuts, Garfield, etc. Copies of songs must include the copyright line generally located at the beginning and/or end of the song.

9. The CMU Bookstore has obtained the copyright clearances on my course pack materials. Where do I take my course pack to be copied?

Course packs can be copied at CMU Printing Services. Printing Services can be reached at (989) 774-3216; its web address is http://www.print.cmich.edu. Originals can be dropped off at CSB 160 or call for a free pick-up.

All course packs are printed double-sided, three-hole drilled, and shrink-wrapped unless some other preference is indicated.

10. Can portions of workbooks be copied? How about entire tests or portions of them?

These are considered “consumable” works. Almost without exception, permission is denied to copy these.

11. What percentage of a book can be copied?

This varies from publisher to publisher, but it ranges from 2% to 25%. If a book is out of print, but the rights are still held by the publisher, permission often can be obtained to copy the entire book for a fee.

12. What is blanket permission?

The copyright holder grants permission to the instructor to use the requested material without a fee for either as long as the instructor wants to use it or for a definite period of time, such as the entire academic year. Blanket permission may sometimes be obtained, especially if the author is the copyright holder.

13. What is public domain?

Public domain means no copyright restrictions exist and the material can be copied at will.

14. What is considered in the public domain?

Material published by the United States Government Printing Office is in the public domain. Works whose copyright protection is expired are in the public domain, but without checking with the copyright holder, it is sometimes difficult to determine if this protection has actually expired.

Before January 1, 1978, works could be copyrighted for 28 years; then the copyright could be renewed for a second period of 28 years. After January 1, 1978, copyright law was changed to extend the term of the copyright to the life of the author plus 50 years. For those works copyrighted before 1978, the 28 year term was followed with an extended term of 47 years, if the copyright was renewed; the extension was not automatically conferred. If the copyright was not renewed, those pre-1978 works are in the public domain, but there is no way of determining this without contacting the copyright holder.

In October 1998, the length of protection was further extended an additional 20 years for a total of life of the author plus 70 years. This extension affects copyrights retrospectively automatically as well as future works.

If the copyrighted work was created 75 to 95 years ago and the work is no longer commercially exploitable, it may be treated as if it were in the public domain and copied for educational purposes. The only way to ascertain if the work is still commercially exploitable is to contact the copyright holder.

15. Are law cases in the public domain?

Law cases published by the United States Government Printing Office (USGPO) are considered in the public domain. However, law cases published by commercial publishers, such as West Group, Lexis Publishing Company, or state bar associations and by many sources on the Internet, require that copyright permission be obtained first because of the formatting and added material, such as annotations and summaries.

16. Are items I find on the Internet in the public domain or do I have to obtain permission to make multiple copies of these as well?

Much of the information available on the Internet is protected by copyright. It cannot be assumed that information found on the Internet has been placed there in compliance with copyright law. Sometimes its presence on a web site is in violation of a copyright. This information cannot be re-used without obtaining permission from the copyright holder.

17. How do I obtain copyright permission to use material found on the Internet?

Obtaining copyright permission to use material found on the Internet is similar to the process of obtaining permission for print material.

If you want to use the material in your course pack, the CMU Bookstore needs the complete web site name and address from you. For example, if you wanted permission to make multiple copies of the "FirstSearch Instructions" from the Off-Campus Library Service’s (OCLS) web site, you need to give the Bookstore the complete web site address, http://ocls.cmich.edu/help/fsinstructions.htm, so the staff can ask for permission for you.

If you want to use the Internet material for some other educational purpose, conduct a fair use analysis; if the outcome is favorable, you may use the material once. A negative determination will require that you obtain permission, as will subsequent usage.

18. If a book is out of print, can its contents be copied without asking permission?

No, the copyright may still be held by the publisher who can still charge a copyright fee, either directly or through the Copyright Clearance Center.

Also, the copyright may have reverted to the author(s) who may require a written approval request; a few authors, especially authors well-known in academic circles, charge fees even though the material is out of print.

19. An instructor informed me that now that the TEACH Act has passed, copyright permission no longer has to be obtained to use copyrighted materials for distance education classes. What is the TEACH Act? Is it true that materials can be copied at will?

Before the Technology, Education and Copyright Harmonization or TEACH Act was passed, instructors teaching online had to obtain permission to do many of the things that instructors were allowed to do in face-to-face teaching. The TEACH Act was passed to ease the copyright restrictions on copyright protected material for distance education.

To take advantage of the TEACH Act’s provisions, universities must first meet a rigorous list of requirements. At this time, CMU is working to fulfill these requirements, such as the creation of a website explaining copyright, training the faculty and university community about copyright, and the implementation of technological measures to prevent retention of and downstream dissemination of the works being used.

Stay tuned. The TEACH Act should improve the situation soon.

20. What will the TEACH Act improve? What are the restrictions?

In face-to-face teaching, a clip or even an entire video may be shown in the classroom if the film is relevant. For online classes, permission would have to be obtained to digitize and stream the video. With the TEACH Act, permission won’t have to be obtained to show the clip, although the entire film can still not be streamed without permission. For another example, in music appreciation classes on–campus, cuts of music could be played in the classroom; online, permission would have had to be obtained before the passage of the TEACH Act.

These provisions would apply not only to distance education classes, but materials used at Blackboard sites for on-campus classes.

Some restrictions do apply. For example, permission must still be obtained for course packs and reserves. Clips of videos can be streamed without permission, but not the entire video.

21. May I show a video of a movie in class without permission?

If you are teaching face-to-face in a traditional classroom setting, you may show a movie in class without permission if you meet three guidelines.

• The movie can only be shown for educational purposes
• It must be relevant to the curriculum being taught; show only those parts that are relevant. In some circumstances, the majority or even an entire video may need to be shown. For example, in an English class an instructor may want to compare the movie to the play or book version.
• The film must be a lawfully obtained copy, meaning a purchased or rented copy. A bootlegged copy of the original is illegal and may not be shown.

If you are teaching online or using Blackboard,

• Limit the clip to 10% or 3 minutes, whichever is less. If that is too restrictive,
• Conduct a fair use analysis. If the outcome of the analysis is unfavorable,
• Obtain permission.

Within current technological limits, access to the video should be limited to enrolled students, and then only for the length of the class session. Technological means should also be used to reasonably prevent students from distributing the video further. Copyright Management Information should be included, such as the source and a notice that no further copying or distribution of the video are permitted.

Once the TEACH Act requirements are met, you may digitize and transmit a lawfully obtained video without permission or conducting a fair use analysis, but only in “reasonable and limited portions” or clips. The clips chosen must be directly related to the course’s content. For example, one instructor wanted to show clips from various films as examples of good and bad customer service. In Titanic, he showed the scene where the band continues to play as the sink ships as an example of good service; for bad service, he wanted to show the clip from Pretty Woman where the clerks refuse to wait on Julia Roberts because she is dressed like a prostitute. No other clips in those two videos were shown since they were irrelevant to the point the instructor was trying to make.

In some circumstances, the majority or even an entire video may need to be digitized. For example, in a film or drama class, the instructor may want the students to analyze and critique a complete movie. In this case, permission must be obtained first.

22. Isn't anything I use in my class exempt from copyright law under fair use guidelines?

While research and educational activities are considered "fair use" under the copyright law, this is not a blanket protection. Each use must be evaluated separately to see if it meets the four factor criteria outlined in the fair use clause of the copyright law.

23. Should we use fair use guidelines to determine what can be used for course pack material?

No, for material you are requiring your students to read as part of a course pack for on-campus classes, just direct all your requests to the CMU Bookstore. Forms are available online to request materials at http://www.cmich.edu/copyright/ and can be submitted directly to the Bookstore.

If you are teaching courses off-campus through Off-Campus Programs, refer to the copyright website at http://ocls.cmich.edu/copyright/index.html. The forms located there can be filled out and submitted directly to the Copyright Coordinator at Off-Campus Library Services.

24. Should we use fair use guidelines to determine what can be used for reserves?

No, contact the Reserve Desk in Park Library at 989-774-3825 for all your reserve needs. Usually materials that are copyright-protected can be placed once on reserve without obtaining permission; subsequent use does require permission.

25. When should we conduct fair use analyses?

• To include individual articles, book excerpts or cartoon illustrations at your Blackboard Course Management site
• To distribute stand-alone handouts for in-class assignments or exam
• To use cuts from CD’s, clips from TV or movie videos, images, short excerpts of text, fiction or non-fiction in a multi-media project/presentation

26. Your website explains fair use, but could you provide a couple examples of a fair use analysis?

Case 1: You want to distribute an article from a recent Fortune issue in class, not as part of a course pack.

Purpose and character of the use: the article is being used for educational purposes, but the use is not transformative; the article is just being photocopied. This factor could cut both ways.

Nature of the work: the article is factual, non-fiction, a factor in favor of fair use.

Amount and quality of the work: the article is being copied in its entirety, so this would weigh against fair use. This factor can be ameliorated by copying only parts of the article. Although the heart of the article will be copied, this aspect is more important in creative works.

Effect on the market: Time, Inc. has a ready-made reprint market set up and they charge $3.00/copy for commercial users, $2.00/copy for academic users.

Summary outcome: The use is fair. Although the use is not transformative, it is for educational purposes; also, it is a factual article, not a highly creative work. If possible, leave out any parts of the article that are less important or relevant to help meet the criteria for brevity. The effect on the market can be mitigated by strictly limiting usage to one time use. Next time, either get permission yourself or include the article in a course pack sold through the CMU Bookstore.

Document your decision, either by summarizing your reasoning in a paragraph or using the Checklist for Fair Use.

Case 2: Suppose you want to digitize a 12 minute clip of a film you have purchased and show it at your web site because it covers an important and relevant point you want to emphasize. The web site is password protected and only accessible to the students enrolled in the class.

Purpose and character of the use: The clip is being use for nonprofit educational use and you are only showing that part of the video that is relevant to the point you are trying to make. You are not merely replicating the clip, but incorporating it into a new creation, so your use is transformative. This factor favors fair use.

Nature of the work: This depends on whether the video is more fiction or non-fiction, creative or factual. If fiction, this would weigh against fair use; if non-fiction, for fair use.

Amount and quality of the work: What is the length of the entire film? Twelve minutes might be relatively brief or almost the entire video. We don’t know if the 12 minute segment is the heart of the film. If the segment is long relative to the length of the entire film and includes the main point of the film, then this factor would weigh against fair use; if the segment is relatively short and not the heart, then it would be fair.

Effect on the market: Check to see if the video was especially created for the academic market; if it was, this factor would weigh against fair use. If the clip is from a really popular “hot” movie, such as The Matrix, fair use is not so easily determined. You may want to more severely limit the length of the clip. Otherwise, since the purpose is educational and only of “limited release," this factor would favor fair use.

The risk tolerance at Central Michigan University is fairly conservative. If more than one factor weights against fair use, do not use the clip. If you decide to use the material under fair use guidelines, document your decision, either by summarizing your reasoning in a paragraph or using the Checklist for Fair Use.

Tip: One other option if you are teaching on-campus is simply to show the clip in class instead of digitizing it for your web site. If the video is legally obtained, as yours is, and you are showing only the relevant parts, you don’t need to do a fair use analysis or obtain permission. Exemptions like this are covered in Exemption of Certain Performances or Displays under Section 110 of the 1976 Copyright Act.

Once Central Michigan University meets all the requirements of the TEACH Act, you will be able to digitize that clip and use it online without permission or a fair use analysis as long as it is for educational use, you use a legal copy and limit the clip to the relevant part needed to make your point.

27. Can you suggest any resources that could help determine the effect on the market of using materials without permission?

One of the best sources is the Copyright Clearance Center.

Go to www.copyright.com.

Click on Search.

If you are interested in photocopy rights, click on Academic Permissions Service (APS)

If you are interested in electronic rights, click on Electronic Course Content Service (ECCS).

You can search by publication title, publisher, or standard number (ISBN/ISSN ). Using the standard numbers provide more precise results. For a book, enter its ISBN. For journals, enter its eight digit ISSN. For example, Business Week’s ISSN is 0007-7135.

In order to obtain a quick price, you will need to know the number of pages you want to use, the number of copies (or the number of students for electronic rights), and the year of publication.

Other helpful resources for book titles are Books in Print and www.amazon.com

28. Do you have any sample form letters I can use to request copyright permission?

Yes, just click on the form you want to use:

• Article - Electronic Permission  Word | PDF
• Article - Photocopy Permission  Word | PDF
• Book Excerpt - Electronic Permission  Word | PDF
• Book Excerpt - Photocopy Permission  Word | PDF
• Cartoon/Illustration - Electronic Permission  Word | PDF
• Cartoon/Illustration - Photocopy Permission  Word | PDF

29. Can I copy anything I use in my class and put it on my web site?

No. This is especially true if your web site is not secure. Posting items on the World Wide Web makes them accessible to the entire world. This greatly impacts the value of copyright-protected materials. Many of the images used in your textbook, for example, have permission to be used in print, but not in electronic form. Conduct a fair use analysis. If the outcome is favorable and your web site is secure, you may post the material for one semester. Subsequent use will require permission.

30. Aren't there some simple guidelines I can follow to ensure that I'm in compliance with copyright law?

Unfortunately, the answer is "no." A special ad hoc committee has formed guidelines and those guidelines have been read into the Congressional record on copyright, but they are not part of the copyright law. Also, the guidelines address minimums that can be used and are suggestions. Many lawyers, judges and scholars disagree with the limits the guidelines place on fair use while many colleges have adopted the guidelines and instituted them as maximums that their faculty can use. The courts have yet to rule on the guidelines so the question is very much up in the air. The best thing to do is to apply the four-factor test that is part of the law and when in doubt ask for permission.
 

3/04/rev