The fair-use provision is presented as Section 107 of Title 17 of the United States Code. This section of the law allows limited reproduction and use of copyrighted materials without the copyright holder's permission and without payment of a fee. Fair use may allow for limited copying or other use of materials for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. If the limits of fair use are exceeded, permission of the copyright owner must be obtained to permit reproduction or other use of materials.

1. Copyright ownership and subject matter

   1. Copyright law gives an author the exclusive right to reproduce, sell, distribute, revise, display, perform, broadcast or record a work. Any reproduction or other use of a work either must be done with the permission of the copyright owner or must be permitted by an exception contained in the Copyright Act.

   2. Copyright protection extends to original works of authorship fixed in any tangible medium, including books, journals, newspapers, articles, audiovisual materials, computer programs, literary works, musical compositions, lyrics, graphic works, sculptures, other works or the visual arts, dramatic works, choreography, sound recordings and architectural works.

   3. Copyright protection does not cover works in the public domain, ideas, facts, mathematical formulas, measuring devices, blank forms, or works of the U.S. government. However, the mere fact that a work is factual in nature, or discuss mathematical formulas, does not mean that the work as a whole is unprotected.

   4. Duration of Copyright

      1. Under current U.S. law, copyright protection for a work remains in force throughout the life of the author and until the end of the 70th year following his or her death. If a work is authored by more than one individual, copyright protection lasts until the end of the 70th year following the death of the last surviving author.

      2. In cases where the work constitutes a work for hire (i.e., a work where a company is considered the author, rather than an individual), copyright protection remains in effect until the end of the 95th year following the first publication, or until the end of the 120th year following the creation, whichever expires first. The same durations apply to anonymous and pseudonymous works, unless the identity of one or more authors is revealed in Copyright Office records, in which case the durations set forth above apply.

   5. Effect of Copyright Notice: At one time, works that were published in the United States without copyright notice were considered dedicated to the public domain. However, with the passage of the Berne Convention Act of 1988, copyright notice is no longer required to obtain or retain copyright protection. Consequently, the better approach is to assume that a work is protected by copyright unless you have a clear basis on which to determine that it is not protected.

2. Fair Use

   1. Although one purpose of the fair use doctrine is to recognize that some copying and distribution of works in educational settings should be permitted without the permission of the copyright owner, it does not exempt all copying and use of protected works merely because they occur in an educational context. Instead, determining whether a particular use is a fair use involves a consideration of a number of factors, including the following:

      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.

      4. The effect of the use upon the potential market for or value of the copyrighted work.

   2. Recognizing that the fair use doctrine is often difficult to apply, guidelines have been developed to help educators determine whether a particular use is a fair use. These guidelines cover:

      1. copying printed materials for use in classrooms [see 2303.10];

      2. copying or using musical compositions in educational settings [see 2303.9], and

      3. recording broadcast programs for use in the classroom [see 2303.3(a)].

      4. Other Exceptions: In addition to the uses permitted by fair use, the Copyright Act identifies several other specific uses which are allowed without obtaining specific permission from the copyright owner. These uses relate to the following:

         1. copying by libraries for patron use [see 2303.6(d)];

         2. copying by libraries as part of the interlibrary loan process [see 2303.6(e)], and

         3. backup copies of computer software [see 2303.5(a)].

Employees are expected to adhere to copyright policy and guidelines in the duplication or printing of classroom materials and placement of such materials by the publications rotary administrator (Printing Service) for commercial sale. Employees should contact Printing Service for copyright information regarding classroom materials.

1. Copyright Clearance

   1. Faculty/departments should review the copyrighted content (if any) of class packets and submit the appropriate form along with the manuscript to the rotary administrator.
   2. The copyright coordinator in Printing Service must obtain written permission from the copyright holder before the material can be reproduced and subsequently sold.
   3. Acquisition of copyright permission is often a complex and time-consuming process; therefore, adequate time should be allowed for processing. Some permissions are granted immediately; others may take up to eight weeks or even longer. Further, the copyright owner is under no obligation to grant permission to use the work. Accordingly, faculty may wish to develop contingency plans in the event that permission cannot be obtained or cannot be obtained in a timely manner.

1. Section 108 of Title 17 of the United States Code of the copyright law identifies the conditions under which libraries may reproduce copyrighted works for their own use [see 2303.6(c)], to satisfy the needs of patrons [see 2303.6(d)], and for interlibrary loan purposes [refer to 2303.6 (e)]. To qualify for these exemptions, all of the following conditions must be met:

   1. the library’s collection must be open to the public, or otherwise available to persons doing research;

   2. the copying must be done without any direct or indirect commercial advantage;

   3. any copies made must include the original notice of copyright or a statement that the work may be protected by copyright, and

   4. the library must not have reason to believe it is engaging in the related or concerted reproduction or distribution of multiple copies of the same material, whether made on one occasion or over a period of time.

2. Copyrighted textual works may be reproduced by or for faculty members for classroom use without obtaining permission, provided that the circumstances conform to fair use as outlined in these guidelines [see 2303.10].

3. Libraries are permitted to make copies for their own use, or for use by another library whose collection is open to the public, as follows:

   1. For published works, a library may make up to three copies of a particular work in order to replace a damaged, lost, stolen or obsolete copy in the library’s own collection, provided that an unused replacement cannot be obtained through normal commercial channels at a fair price. (A copy is considered obsolete if it is a particular format and the device used to read that format is no longer manufactured or reasonably available.)

   2. For unpublished works, a library may make up to three copies of a particular work found in its own collection for the purpose or preservation or deposit with another library whose collection is open to the public.

   3. Libraries are permitted to make digital copies of works as replacement copies or for preservation, but such copies may not be made available to the public in digital form outside the premises of the library.

4. Libraries are permitted to make copies for patron use as follows:

   1. The work to be copied must be in the collection of the library, and that collection must be open to the public.

   2. Only certain types of works can be copied for patron use. Generally, the only permissible works are textual works (books, articles, etc.). Section 108 of the Copyright Act does not allow libraries to make copies of musical works; pictorial, graphic or sculptural works (except for pictorial and graphic material that is part of a textual work, such as photographs or illustrations that are part of an article), or motion pictures or other audiovisual works. Copies of sound recordings can be made, as long as the recording is not of a musical work or is of a musical work no longer protected by copyright.

   3. The library must display, at the place where orders are accepted, and must include in its order form, a notice concerning copyright restrictions, as set forth below:

      NOTICE: Warning Concerning Copyright Restrictions
      The Copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

      Under certain conditions specified in the law, libraries, and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.

      This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

   4. The copy must become the property of the requestor, and the library must have no notice that it will be used for any purpose other than scholarship or research.

   5. Only a single copy of a work may be made for a given requestor.

   6. A library is permitted to make a copy of no more than one article or other contribution to a collection or periodical, or small part of any other copyrighted work, provided that the library is not engaging in the systematic reproduction and distribution of the entire work.

   7. Where a patron requests a copy of the entire work, a library is permitted to make a copy only if it has determined, after a reasonable investigation, that a copy of the work cannot be obtained at a fair price.

5. Libraries also are permitted to request copies of materials from other libraries for their patrons, and make copies for use by patrons of other libraries, through the practice of interlibrary loans. Any copies made for interlibrary loan purposes must comply with the restrictions set forth in 2303.6(d). In addition, for works not in the library’s own collection, the library must abide by the following restrictions:

   1. Any copies obtained through interlibrary loans must become the property of the patron who requested the material, and cannot be retained by the library as part of its collection.

   2. The library may not request, within the same calendar year, more than five copies of any article or articles published in a particular periodical during the five years prior to the date of the request. The limitation of five copies is not tied to a particular article or issue, but to the periodical in general.

   3. For works other than periodicals, the library may not request, within the same calendar year, more than five copies of or from a single work.

   4. The library must retain records of all requests it has made, as well as records of fulfillment of these requests, until the end of the third calendar year following the year in which the request was made.

   5. The library must send, along with any requests for copies sent to other libraries, a statement that the request is made in conformity with the guidelines in Section 108 of the Copyright Act.

   6. The library may not fulfill requests from any other libraries unless the request is accompanied by a representation from the requesting library that the request is made in conformity with the guidelines in Section 108.

6. A library may reproduce and lend a limited number of copies and excerpts from an audiovisual news program. "News program," in this context, refers to local, regional or national news programs, but not to documentary programs, magazine format programs, or other public affairs broadcasts.

7. During the last 20 years of the term of copyright in a work [see 2303.2(a)(4) for a discussion of the duration of copyright protection], a library may reproduce, distribute, display or perform a copy of a work (including a digital copy), or portions thereof, for purposes of preservation, scholarship or research, provided that the library has determined, after a reasonable investigation, that:

   1. the work was published by or with the authorization of the copyright owner;

   2. the work is not subject to normal commercial exploitation;

   3. a copy cannot be obtained at a reasonable price; and

   4. the copyright owner has not provided notice to the Copyright Office that the work is subject to normal commercial exploitation or that copies can be obtained at a reasonable price. The Copyright Office maintains a searchable database on its web site that can be used to determine whether this notice was filed for a particular work.

8. A library and its employees are exempt from liability for the unsupervised use of card- and coin-operated photocopiers located on the premises, provided that such equipment displays a copyright warning notice.

The Center for Teaching and Learning receives many requests that involve the reproduction of copyrighted materials. The Center’s policy is to evaluate each request in terms of the fair-use provisions of the copyright law, and it reserves the right to refuse to reproduce any materials that may result in a potential violation of the copyright law. The types of requests that the department will accept are listed below. In all cases, the reproduction, in any form, of a copyrighted work by the Center for Teaching and Learning may only be for the instructional, scholarly, or research-related activities of Wright State University.

1. Copying or reproduction of any materials for which a letter of permission from the copyright holder is on file with the Center for Teaching and Learning, or for which the requester can supply written permission from the copyright owner.
2. Copying or reproduction of any materials in any format where the work is demonstrably in the public domain.
3. Copying or reproduction in any format of material created in its entirety by the requestor.
4. Video recordings in classrooms, labs, or other campus facilities of faculty presentations (lectures, demonstrations, etc.), provided that the recording of the presentation does not include the recording of copyrighted material that might be included as part of the presentation.
5. Reproduction from any data source onto a hard-copy unit, providing the data do not contain copyrighted material, and provided that the compilation of the data is not protected by copyright law.

1. A single copy of any of the following materials may be made by or for an instructor upon request, to be used for scholarly research or for use in teaching or preparation for teaching.

   1. A chapter from a book.
   2. An article from a periodical or newspaper.
   3. A short story, short essay, or short poem, whether or not from a collective work.
   4. A chart, graph, diagram, drawing, cartoon, or picture from a book or periodical or newspaper.

2. Multiple copies of printed works protected by copyright law may be made by or for an instructor for classroom use, provided that all of the following apply:

   1. the copies will be used in classroom teaching for only one course during one academic quarter.
   2. no more than one copy is made per student in a particular course.
   3. the copying meets the test of brevity:

      1. For poetry, a complete poem if less than 250 words and if printed on no more than two pages, or an excerpt from a longer poem, provided the excerpt is not more than 250 words. (These limits can be expanded to permit the completion of an unfinished line of a poem.)

      2. For prose (excluding special works as described in (d) below), a complete article, story, or essay if less than 2,500 words, or an excerpt from a longer prose work, provided that the excerpt is not more than 1000 words and not more than 10 percent of the work (unless the 10 percent threshold would limit the excerpt to less than 500 words, in which case the excerpt can be 500 words long). (These limits can be expanded to permit the completion of an unfinished paragraph.)

      3. For illustrations, one chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.

      4. For special works (such as works in poetry, prose, or poetic prose, which combine language with illustrations and which fall short of 2,500 words in their entirety), an excerpt comprising not more than two of the published pages of such special work and containing not more than 10 percent of the words found in the text thereof.

   4. the copying meets the test of spontaneity:

      1. It is at the instance and inspiration of the instructor.

      2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

   5. the copying meets the cumulative effect test:

      1. The copied material is used for only one course.

      2. The copying does not involve more than one work (or two excerpts) from the same author, or more than three from the same collective work or periodical volume per class term. (This limitation is waived with respect to current news periodicals and newspapers, and current news sections of other periodicals.)

      3. No more than nine instances of multiple copying occur per class term. (This limitation is waived with respect to current news periodicals and newspapers, and current news sections of other periodicals.)

   6. a notice of copyright is included on the first page of each photocopy.

3. The following prohibitions apply to copying for classroom use:

   1. Copies shall not be made to create or to replace or to substitute for anthologies, compilations, or collective works.

   2. Copies shall not be made of or from works intended to be consumable in the course of study or teaching. These works include workbooks, exercises, standardized tests, and test booklets and answer sheets.

   3. Copies shall not be made to substitute for the purchase of books, publishers' reprints, or periodicals.

   4. Copying shall not be repeated with respect to the same item by the same teacher term to term.

   5. No charge shall be made to the student beyond the actual costs of the photocopying.

   6. Authority figures (e.g., teachers and supervisors) shall not direct students or employees under their supervision to perform actions that are in violation of copyright law or fair use guidelines.

1. The University is not responsible for the content of unofficial web sites or other online material hosted on the University's servers. [For a clarification of what constitutes an “unofficial web site,” see 2001.3.] To the extent that faculty, staff, students and other persons associated with Wright State University create unofficial web sites, the University expects that the persons responsible for the web site content will abide with applicable copyright laws regarding the use of copyrighted materials.

2. The University also does not control and is not responsible for the content of any web sites created by faculty or graduate student employees where such web sites are tied to genuine teaching or research activities, except that such web sites cannot include copies of or access to instructional material that are or were required or recommended, within the preceding three years, for a course taught at Wright State by the faculty member or graduate student. Otherwise, the University expects that the faculty member or graduate student responsible for the web site content will abide with applicable copyright laws regarding the use of copyrighted materials.

3. Notwithstanding the foregoing, the University may take down or disable access to any unofficial web sites, web sites maintained by faculty members or graduate student employees, or other online material, if the University receives a notice from a copyright owner, in compliance with Section 512 (c)(3) of the Copyright Act, that material on the web site infringes a copyrighted work. Wright State's actions in taking down such material are in compliance with the provisions of the Digital Millennium Copyright Act, as set forth on the copyright information page of the University's web site, http://www.wright.edu/web/copyright.html.

1. If the University receives a proper notification, it will act expeditiously to remove or disable access to the allegedly-infringing material.

2. Upon taking such action, the University will notify the person associated with or responsible for the web site or other online posting that it has removed or disabled access to the site. This notice will be sent via e-mail to the e-mail address associated with person responsible for the web site.

3. The person who posted the material covered by the notification can file a counter-notification with the University, setting forth the reasons why the material should not be taken down. To be effective, the notice must comply with the following:

   1. It must be in writing, and must be submitted to Gwen M. Mattison, General Counsel for Wright State University. The written notice may be submitted in person or by regular mail to the Office of General Counsel (356 University Hall, Wright State University, Dayton, OH 45435-0001), or by electronic mail to gwen.mattison@wright.edu.

   2. The notice must include the user's name, address and phone number.

   3. The notice must identify the material that has been taken down, as well as the location where the material appeared before it was taken down.

   4. The notice must include a statement, made by the user under penalty of perjury, that he or she has a good faith belief that the material was taken down as a result of a mistake or misidentification of the material to be removed.

   5. The notice must include a statement that the user consents to the jurisdiction of a federal district court to resolve the matter, and that the user will accept service of process from the complaining party or its agent.

   6. The notice must be signed by the user, either physically or electronically.

4. Upon receiving such notice from the user, the University will promptly forward a copy of the notice to the copyright owner who complained of the infringement, and will then replace or restore access to the material between the 10th and 14th business day following the date the notice is forwarded to the copyright owner, unless it receives further notice that the copyright owner has filed a court action against the user relating to the material in question.

4. In the event that the University receives two genuine notifications of claims of infringement related to a particular faculty member or graduate student employee within a three-year period, the University will not permit that faculty member or graduate student employee to maintain a web site on the University's servers until both instances of claimed infringement are more than three years in the past.