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Rice University Human Resources Policy No. 303-90C

Rice University's Policy, Procedures, and Guidelines for Instructional, Research, and Library Use of Copyrighted Material
 

I. The Copyright Act and Reproduction  

Copyright is a constitutionally conceived property right which is designed to promote the progress of science and the useful arts by securing for an author or creator the benefits of his or her original work for a limited time (U. S. Constitution, Art. 1, Seg. 8). The Copyright statute (17 U.S.C. ¤101), implements this policy by balancing the author's interest against the public interest in the dissemination of information affecting areas of universal concern, such as art, science, history, and business. The grand design of this delicate balance is to foster the creation and dissemination of intellectual works for the general public.

The Copyright Act defines the rights of a copyright holder and how they may be enforced against an infringer. Included within the Copyright Act is the "fair use" doctrine which allows, under certain conditions, the legal reproduction of copyrighted material. While the Act lists general factors under the heading of "fair use," it provides little in the way of specific directions for what constitutes fair use. The law states:
 

17 U.S.C. ¤107. Limitations on exclusive rights; Fair Use Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research , is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include --

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. (Emphasis added)
The purpose of this report is to provide the faculty, staff, and students of Rice University with an explanation of when the reproduction of copyrighted material is permitted under the fair use doctrine. Several publisher/user groups have developed guidelines for "fair use" of certain types of materials. This policy, which incorporates these guidelines, reflects the opinion of legal counsel to the American Library Association and has been approved by counsel for Rice University.

The copyright law applied to all forms of reproduction, whether photocopies, slides, phonorecords, cassettes, videotapes, photographs, or diskettes, and whether such copying is undertaken at a commercial copying center, at the University's central or departmental copying facilities or computing facilities, or at self-service machines. While the faculty, staff, and students are free to use the services of a commercial establishment, all should be prepared to provide documentation of permission from the publisher or producer (if such permission is necessary under this policy), since many commercial copiers will require such proof. Furthermore, use of such a facility does not negate student or employee responsibility under this policy. While this report cites some factors which favor fair use and some which weigh against it, faculty members must determine for themselves which works will be copied. Rice does not condone a policy of reproducing instead of purchasing copyrighted works, but it does encourage faculty members to exercise good judgment in serving the best interests of students in an efficient and timely manner. Rice, its faculty and staff, must make a conscientious effort to comply with these guidelines.

Instruction for securing permission to reproduce copyrighted works when such copying is beyond the limits of fair use appears at the end of this report. It is the policy of the University that the user (faculty, staff, or student) secure such permission whenever it is legally necessary.

II. Printed Works  

From time to time, the faculty and staff of Rice University may use photocopied materials to supplement research and/or teaching. In many cases, photocopying can facilitate the University's mission; the development and transmission of information. However, the photocopying of copyrighted materials is a right granted under the copyright law's doctrine of "fair use" which must not be abused. This section will explain the University's position concerning the photocopying of copyrighted materials by faculty and staff.
 

A. Unrestricted Photocopying  

1. Uncopyrighted Published Works
Writings published before January 1, 1978 which have never been copyrighted may be photocopied without restriciton. Copies of works protected by copyright must bear a copyright notice, which consists of the letter "c" in a circle, or the word "Copyright", or the abbreviation "Copr.", plus the year of first publication, plus the name of the coyright owner (17 U.S.C. ¤401). For books published before January 1, 1978 the notice must be placed on the title page or on the reverse side of the title page. In the case of a periodical, the notice must be placed either on the title page, the first page of text, or in the masthead. A pre-1978 failure to comply with the notice requirements results in the work being injected into the public domain; i.e., it is unprotected. Copyright notice requirements have been relaxed so that the absence of notice on copies of a work published after January 1, 1978 does not necessarily mean the work is in the public domain [17 U.S.C. ¤405, (a) and (c)]. However, a user will not be liable for copyright infringement of works published after that date if, after normal inspection, he photocopies a work on which he cannot find a copyright symbol, and he has not received actual notice of the fact that the work is copyrighted {17 U.S.C. ¤405(b)].

2. Published Works with Expired Copyrights  

Writings with expired copyrights may be photocopied without restriction. All copyrights prior to 1906 have expired [17 U.S.C. ¤304(b)]. Copyrights granted after 1906 may have been renewed; however, the writing will probably not contain notice of the renewal. Therefore, it should be assumed all writings dated 1906 or later are covered by a valid copyright, unless information to the contrary is obtained from the owner or the U.S. Copyright Office (see Copyright Office Circular 15t).

Copyright Office Circular R22 explains how to investigate the copyright status of a work. One way is to use the Catalog of Copyright Entries published by the Copyright Office and available in Fondren Library. Alternatively one may request the Copyright Office to conduct a search of its registration and/or assignment records. The Office charges an hourly fee for this service. A researcher will need to submit as much information as possible concerning the work in which he is interested, such as the title, author, approximate date of publication, the type of work, or any available copyright data. The Copyright Office does caution that its searches are not conclusive; for instance, if a work obtained copyright less than 28 years ago, it may be fully protected although there has been no registration or deposit.

3. Unpublished Works  

Unpublished works, such as theses and dissertations, may be protected by copyright. If such a work was created before January 1, 1978 and subsequently has been published with copyright notice, the work is protected under the new Act for the life of the author plus fifty years [17 U.S.C. ¤303], but in no case earlier than December 31, 2002. If such a work is published on or before December 31, 2002 the copyright will not expire before December 31, 2027. With certain exceptions, works created after January 1, 1978, whether or not published, enjoy copyright protection for the life of the author plus fifty years [17 U.S.C. ¤302].

4. U. S. Government Publications  

All U. S. Government Publications, with the possible exception of some National Technical Information Service publications less than five years old, may be photocopied without restrictions, except to the extent they contain copyrighted materials from other sources (17 U.S.C. ¤101). Government publications include the opinions of courts in legal cases, Congressional Reports on proposed bills, testimony offered at Congressional hearings, and the works of government employees in their official capacities. Works prepared by outside authors on contract to the government may or may not be protected by copyright, depending on the specifics of the contract. In the absence of copyright notice on such works, it would be reasonable to assume they are government works in the public domain. It should be noted that state government works may be protected by copyright (see 17 U.S.C. ¤105). However, the opinions of state courts are not protected.
 

B. Permissible Photocopying of Copyrighted Works
The Copyright Act allows anyone to photocopy copyrighted works without permission from the copyright owner when the photocopying amounts to a "fair use" of the material [17 U.S.C. ¤107]. The guidelines in this section discuss the boundaries for fair use of photocopied material used in research or the classroom or in a library reserve operation. Fair use cannot always be expressed in numbers -- either the number of pages copied or the number of copies distributed. Therefore, researchers should weigh the various factors listed in the Act and judge whether the intended use of photocopied, copyrighted materials is within the spirit of the fair use doctrine.
 

1. Research Uses
At the very least, instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class:
 

a. a chapter from a book;
b. an article from a periodical or newspaper;
c. a short story, short essay, or short poem, whether or not from a collective work;
d. a chart, diagram, graph, drawing, cartoon, or picture from a book, periodical, or newspaper.
These examples reflect the most conservative guidleines for fair use. They do not represent inviolate ceilings for the amount of copyrighted materials which can be photocopied witin the boundaries of fair use. When exceeding these minimum levels, however, one should consider again the four factors listed in Section 107 of the Copyright Act to make sure that any additional photocopying is justified. The following demonstrate situations where increased levels of photocopying would continue to remain within the limit of fair use:
 

a. the inability to obtain another copy of the work becasue it is not available from another library or source or cannot be obtained within your time contraints;
b. the intention to photocopy the material only once and not to distribute the material to others;
c. the ability to keep the amount of material photocopied within a reasoable proportion to the entire work (the larger the work, the greater the amount of material which may be photocopied. Most single-copy photocopying for personal use in research -- even when it involves a substantial portion of a work -- may well constitute Fair Use).
All copies requested through interlibrary loan must also meet these guidelines and should be counted as research use. The Rice University Library is, however, under additional guidelines which could prevent interlibrary loan copying requests from being filled [17 U.S.C. ¤108]. Rice's interlibrary loan department cannot order more than five articles from the last five years of any journal title during a calendar year. Therefore, individual requests for more than five articles from any journal title published in the last five years are not accepted unless arrangements are made for payment of copyright fees. The five article maximum applies to the library as an institution and must satisfy all campus requests for the entire year. Faculty should inquire at the interlibrary loan desk for more information.

2. Classroom Uses  

Primary and secondary school educators have, with publishers, developed the following guidelines which allow a teacher to distribute photocopied material to students in a class without the publisher's prior permission, under the following conditions:
 

a. the distribution of the same photocopied material does not occur every semester;
b. only one copy is distributed for each student and becomes the student's property;
c. the material includes a copyright notice on the first page of the portion of material photocopied;
d. the students are not assessed any fee beyond the actual cost of the photocopying.
In addition, the educators agreed that the amount of material distributed should not exceed certain brevity standards. Under those guidelines, a prose work may be reproduced in its entirety if it is less than 2500 words in length. If the work exceeds such length, the excerpt reproduced may not exceed 1000 words or 10% of the length, whichever is less. In the case of poetry, 250 words is the maximum permitted.

The photocopying practices of an instructor should not have a significant detrimental impact on the market for the copyrighted work [17 U.S.C. ¤107(4)]. To guard against this effect, instructors usually should restrict use of an item of photocopied material to one course and instructors should not repeatedly photocopy excerpts from one periodical or author without the permission of the copyright owner.

3. Library Reserve Uses  

At the request of a faculty member, a Fondren Library may photocopy and place on reserve excerpts from copyrighted works in its collection in accordance with guildelines similar to those governing formal classroom distribution for face-to-face teaching discussed above. Rice University believes that these guildelines stressing spontaneity, brevity, and commercial impact apply to the library reserve room to the extent that it functions as an extension of classroom readings or reflects an individual student's right to photocopy for his personal scholastic use udner the doctrine of fair use. In general, librarians may accept photocopies of materials for reserve room use for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education requires, such as advanced independent study and research. If the request calls for only one copy to be placed on reserve, the library may accept a photocopy of an entire article, or an entire chapter from a book, or an entire poem. Requests for multiple copies on reserve should meet the following guidelines:
 

a. the amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level [17 U.S.C. ¤107(1) and (3)];
b. 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 [17 U.S.C. ¤107(1) and (3)];
c. the material should contain a notice of copyright [see 17 U.S.C. ¤401];
d. the effect of photocopying the material should not be detrimental to the market for the work. (In general, the library should own at least one copy of the work.) [17 U.S.C. ¤107(4)].

For example, a professor may place on reserve as a supplement to the course textbook a reasonable number of copies of articles from academic journals or chapters from trade books. A reasonable number of copies will in most instances be less than six, but factors such as the length and difficulty of the assignment, the number of enrolled students, and the length of time allowed for completion of the assignment may permit more in unusual circumstances.
In addition, a faculty member may also request that multiple copies of photocopied, copyrighted material be placed in the reserve room if there is insufficient time to obtain permission from the copyright owner. For example, a professor may place on reserve several photocopies of an entire article from Time magazine or the New York Times , in lieu of distributing a copy to each member of the class. If in doubt as to whether a particular instance of photocopying is fair use in the reserve room, faculty should seek the publisher's permission. Most publishers will be cooperative and will waive any fee for such a use.
 

C. Uses of Photocopied Material Requiring Permission
The following uses have been identified as examples requiring permission from the copyright owner. This list is not exhaustive, so all uses should be evaluated against the guidelines given earlier.
 

1. Repetitive Copying : the classroom or reserve use of photocopied materials in multiple courses or successive years will normally require advance permission from the owner of the copyright [17 U.S.C. 107(3)].
2. Copyright for Profit : faculty should not charge students more than the actual cost of photocopying the material [17 U.S.C. ¤107(1)].
3. Consumable Works : the duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner [17 U.S.C. ¤107(4)].
4. Creation of anthologies as basic text material for a course : creation of a collective work or anthology by photocopying a number of copyrighted articles and excerpts to be purchased and used together as the basic text for a course will in most instances require the permission of the copyright owners. Such photocopying is more likely to be considered as a substitute for purchase of a book and thus less likely to be deemed fair use [17 U.S.C. ¤107 (4)].

III. Video Recordings  

The Copyright Revision Act of 1976 clearly protects audiovisual works such as films and videotapes. The rights of copyright include the rights of reproduction, adaptation, distribution, and public performance and display. All of these rights are subject, however, to "fair use," depending on the work used, and the effect the use has on the market for the copyrighted work.
Fondren Library and other departments purchase a wide range of educational and entertainment videotapes for in-library, in-laboratory, and classroom use. Every effort is made to assure that these materials are legally produced copies. No copies of questionable origin will be added to the Fondren Library collection; therefore, no tapes from "off-air-taping" will be added without official permission from the copyright owner.

Since ownership of a physical object is different from ownership of the copyright therein, guidelines are necessary to define what the library and instructional staff can do with the videotapes Rice University owns without infringing the copyrights it does not own. If a particular use would be an infringement, permission can always be sought from the copyright owner.
 

A. Performance
1. In-classroom Use
In-classroom performance of a copyrighted videotape is permissible under the following conditions:
 

a. the performance must be by instructors (including guest lecturers) or by pupils of the Rice University;
b. the performance is in connection with face-to-face teaching activities;
c. the entire audience is involved in the teaching activity;
d. the entire audience is in the same room or same general area;
e. the teaching activities are conducted by a non-profit educational institution;
f. the performance takes place in a classroom or similar place devoted to instruction; and
g. the videotape is lawfully made; the person responsible had no reason to believe that the videotape was unlawfully made.
The Center for Scholarship and Information in Fondren Library will place tapes on reserve as an extension of classroom use. Students may then view such tapes on library machines when the Center is open. All tapes placed on reserve must meet the guidelines expressed here. Therefore, any personal tapes provided by faculty members which are copies which exceed 10% of the given work must be accompanied by a letter of permission from the copyright owner.

2. Non-Classroom Use  

Most performances of a videotape in a public room as part of an entertainment or cultural program, whether a fee is charged or not, would represent an infringement and require a performance license from the copyright owner. To the extent a videotape is used in an educational program conducted in a univeresity public rrom, the performance will not be infringing if the requirements for classroom use are met (See III.A.). Fondren Library and Rice University allow groups to use or rent their public meeting rooms; therefore, as part of their rental agreement, the University requires all such groups to secure all necessary performance licenses and indemnify the University for any failure on their part to do so.

Patrons viewing videotapes on library-owned equipment are limited to private performances related to classroom teaching. If a patron inquires about a planned performance of a videotape, he or she will be informed that only private uses of it are lawful. Even if a videotape is labeled "for home use only," private viewing in the library is considered to be fair use when done in conjunction with teaching or research. Notices will be posted on videorecorders or players used in the library to educate and warn patrons about the existence of the copyright laws, such as: MANY VIDEOTAPED MATERIALS ARE PROTECTED BY COPYRIGHT. 17 U.S.C. ¤101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.
 

B. Loan of Videotapes
Videotapes may be loaned to faculty for previewing only. They will not knowingly be loaned to groups for public performances. Copyright notice as it appears on the label of a videotape will not be obscured.

C. Reproduction of Videotapes  

Under limited circumstances faculty and staff may duplicate a videotape or a part thereof, but the rules of ¤108 and ¤107 (fair use) of the Copyright Revision Act of 1976, which librarians routinely utilize with respect to photocopying, apply to the reproduction. Fondren library equipment will not be set up for routine duplication of tapes, nor will students be allowed to duplicate tapes.
 

IV. Computer Software and Documentation
As a member of EDUCOM, Rice University subscribes to the following statement of principle, developed by the EDUCOM Software Initiative:

Software and Intellectual Rights

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.

Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.
 

The following policies seek to support the above principle while acknowledging the role which software and electronic information will continue to play in instruction and research.

a. Purchase Conditions Generally
Host computer software purports to be licensed rather than sold. Frequently the package containing the software is wrapped in clear plastic through which legends similar to the following appear:
 

You should carefully read the following terms and conditions before opening the diskette package. Opening this diskette package indicates your acceptance of these terms and conditions. If you do not agree with them you should promptly return the package unopened and your money will be refunded.

OR
Read this agreement carefully. Use of this product constitutes your acceptance of the terms and conditions of this agreement.
 

OR
This program is licensed on the condition that you agree to the terms and conditions of this license agreement. If you do not agree to them, return the package with the diskette still sealed and your purchase price will be refunded. Opening this diskette package indicates your acceptance of these terms and conditions.

While there is at present only limited case law concerning the validity of such agreements (which are unilaterally imposed by producers), in the absence of authority to the contrary one should assume that such licenses are in fact binding contracts. Therefore, by opening and using the software Rice University may become contractually bound by the terms of the agreement, wholly apart from the rights granted the copyright owner under the copyright laws.

Following such legends are the terms and conditions of the license agreement. The terms vary greatly between software producers and sometimes between programs produced by the same producer. Many explicitly prohibit rental or lending; some limit the program to use on one identified computer or to one user's personal use.

B. Avoiding License Restrictions  

Loans of software may violate the standard license terms imposed by the copyright owner. To avoid the inconsistencies between sale to a computer laboratory or library and the standard license restriction, University departments must note on purchase orders the intended use of software meant to circulate or be shared. Such a legend should read:

PURCHASE IS ORDERED FOR POSSIBLE CIRCULATION AND CLASSROOM USE

Then, if an order is filled, the department is in a good position to argue that its terms, rather than the standard license restrictions, apply.

C. Loaning Software  

The following rules will be followed in all situations where software is circulated from a central place:
 

1. Copyright notice placed on a label will not be obscured.
2. Licesne terms, if any, will be circulated with the software package.
3. An additional notice will be added by the library or laboratory to assist copyright owners in preventing theft. It will read: SOFTWARE PROTECTED BY COPYRIGHT, 17 U.S.C. ¤101. UNAUTHORIZED COPYING IS PROHIBITED BY LAW.

D . Reproduction  

The copying of software is prohibited under most licenses. However, users may lawfully make one archival copy of a copyrighted program under the following conditions:
 

1. only one copy is made;
2. the archival copy is stored;
3. if possession of the original ceases to be lawful, the archival copy must be destroyed or transferred along with the original program;
4. copyright notice will appear with the copy.
In a laboratory setting these additional guidelines apply:
 

1. The original may be kept for archival purposes and the "archival copy" circulated. Only one copy -- either the original or the archival -- may be used or circulated at any given time.
2. If the circulating copy is destroyed, another "archival" copy may be made.
3. If the circulating copy is stolen, the copyright owner will be consulted before circulating or using the "archival" copy.

E. In-library and Classroom Use  

Those using software in a laboratory or classroom setting must follow the these rules:
 

1. License restrictions, if any, will be observed.
2. If only one copy of a program is owned under license, ordinarily it may be used on only one machine at a time.
3. Most licenses do not permit a single program to be loaded into a computer which can be accessed by several different terminals or into several computers for simultaneous use. Separate license agreements will be sought for software in a network environment. Otherwise, enough copies will be ordered so that all machines can legally use the software.
4. If a machine is capable of being used to make a copy of a program, a warning will be posted on the machine, such as: MANY COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT 17 U.S.C. ¤101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.

F. Documentation  

Documentation, or the printed manuals accompanying software diskettes, are used with the software and fall under the same licensing terms. As printed materials, they are also covered by setion II of this policy. In accordance with fair use, while small portions of a manual may be reproduced for research, classroom, or reserve purposes, no manual should be reproduced in its entirety without contacting the software producer.
 

V. Musical Recordings and Scores  

A. Reproduction  

1. Recordings
The Alice Pratt Brown Library houses the recordings and tapes of the Rice University music collection. No off-air recordings will be accepted for the permanent collection unless official permission from the copyright owner(s) accompanies the recordings. The copying of records or tapes in the collection is not permitted, and Library equipment may not be used for copying. Those interested in seeking copyright permission for musical recordings should be aware that particular performances may be copyrighted even if the music itself is in the public domain.

Music professors may place on reserve tapes of works being studied. These tapes are kept on reserve for the semester in which the course is taught and are removed and returned to the instructor at the end of the term. Students are not allowed to duplicate tapes on reserve. The instructor is responsible for complying with copyright guidelines concerning lenght of excerpt. For additional information, please contact the Music Librarian in the Brown Library.

The Brown Library holds tapes of recitals given by students and faculty. Though these are generally not copied, arrangements can made to release tapes of copying if a student or faculty member in a solo or ensemble needs the performances to support a grant or job application.

2. Scores  

Scores are also covered by the Copyright Act, but a more restrictive definition of fair use has been developed. Though some copying is permissible for classroom use, the excerpt should not constitute a performable unit of the work. For example, while one page of one movement of a work could be copied for research purposes, the entire movement is a performable unit and should not be copied. Furthermore, the number of copies should not exceed one copy per pupil. Sheet music for choirs and ensembles is also protected by copyright and should not be reproduced in its entirety for either rehearsal or performance. However, emergency copying, to replace purchased copies which for any reason are not available, is allowed for an imminenet performance, provided purchased replacement copies shall be substituted in due course.

For academic purposes other than performance, a single copy of an entire performable unit that is (a) confirmed by the copyright holder to be out of print, or (b) unavailable except in a larger work, may be made by or for a teacher solely for the purpose of his or her scholarly research or in preparation to teach a class.

In no instance should copying occur which

a. is a substitute for purchase of music (except as given above), in both classroom and performance situations;
b. creates or substitutes for an anthology or compilation;
c. does not include a copyright notice.

B. Performance
All instances of musical performances or broadcasting, including but not limited to Shepherd School recitals and concerts, KTRU broadcasts, and music on the ROLM switch, are covered by licenses arranged by the University with ASCAP BMI through the Shepherd School. Those using music in a performance situation should contact the Shepherd School for the appropriate procedures to follow. Music not covered by these organizations will require contact with the copyright holder for appropriate performance permissions.

VI. How to Obtain Permission for Use of Coyprighted Materials  

When a use of reproduced material requires permission, the instructor or researcher should communicate complete and accurate information to the copyright owner. The American Association of Publishers suggests that the following information be included in a permission request letter in order to expedite the process:
 

1. Title, author and/or editor, and edition of material to be duplicated;
2. Exact material to be used, giving amount, page numbers, chapters, and, if possible, a photocopy of the material;
3. In the case of videotapes, dates of broadcast and length of excerpt in minutes should be inlcuded;
4. Use to be made of duplicated materials;
5. Form of distribution (classroom, newsletter, etc.);
6. whether or not the material is to be sold;
7. Type of reproduction (ditto, photography, offset, typeset, 16mm, videotape).

The request should be sent, together with a self-addressed return envelope, to the permission departmentof the publisher or producer in question. If the address of the publisher does not appear at the front of the material, it may be readily obtained in a publication entitled The Literary Marketplace , published by the R. R. Bowker Company and available in the Fondren Library. For videotapes and software, addresses are available in the Center for Scholarship and Information. The process of granting permission requires time for the producer to check the status of the copyright and to evaluate the nature of the request. It is advisable, therefore, to allow enough lead time to obtain permission before the materials are needed. In some instances, the producer may assess a fee for the permission. It is not inappropriate to pass this fee on to the students who receive copies of the reproduced material.

The Copyright Clearance Center also has the right to grant permission and collect fees for photocopying rights for certain publications. Libraries may copy from any journal which is registered with teh CCC, report the copying beyond fair use to CCC, and pay the set fee. A list of publications for which the CCC handles fees and permissions is available in the Interlibrary Loan/R.I.C.E. office at Fondren Library or directly from the Copyright Clearance Center, 310 Madison Avenue, New York, New York 10017.

VII. Infringement  

Courts and legal scholars alike have commented that the fair use provisions in the Copyright Act are among the most vague and difficult that can be found anywhere in the law. In amending the Copyright Act in 1976, Congress anticipated the problem this would pose for users of copyrighted materials who wished to stay under the umbrella of protection offered by fair use. For this reason, the Copyright Act contains specific provisions which grant additional rights to libraries and insulate employees of a non-profit educational institution, library, or archives from statutory damages for infringement where the infringer "believed and had reasonable grounds to believe that his/her use of the copyrighted work was a fair use under Section 107" [17 U.S.C. ¤504(c)(2)]. While the fair use provisions are admittedly ambiguous, any employee who attempts to stay within the guidelines contained in this report should have an adequate good faith defense in the case of an innocently committed infringement.

Normally, the infringer is liable to the copyright owner for the actual losses sustained because of the photocopying and any additional profits of the infringer [17 U.S.C.ʤ504 (a)(1) and (b)]. Where the monetary losses are nominal, the copyright owner usually will claim statutory damages instead of the actual losses [17 U.S.C. ¤504(a)(2) and (c)]. The statutory damages may reach as high as $10,000 (up to $50,000 if the infringement is willful). In addition to suing for money damages, a copyright owner can usually prevent infringement through a court injunction [17 U.S.C. ¤502].