Copyrighted Materials: Their Reproduction and Use

Empire State College complies with the U.S. Copyright Act of 1976 and with the Doctrine of Fair Use established in that Act. The college respects the intellectual property rights of those who create and publish original works of authorship, whether in written form or in other tangible media of expression. The college, therefore, authorizes reproduction of copyrighted materials only under the following conditions:

1. When permission is obtained from the copyright owner, or
2. When reproduction of copyrighted materials falls within fair use guidelines.

The Bookstore manager or the director of management services can provide information on obtaining permission to copy.

Agreement On Guidelines For Classroom Copying In Not-For-Profit Educational Institutions With Respect To Books And Periodicals

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:

1. the copying meets the tests of brevity and spontaneity as defined on this page,
2. meets the cumulative effect test as defined on this page and,
3. each copy includes a notice of copyright.

Definitions:

Brevity:

1. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or (b) from a longer poem, an excerpt of not more than 250 words.
2. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is less, but in any event a minimum of 500 words.

   (Each of the numerical limits stated in "1" and "2" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)

3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
4. Special works: Certain words in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "1" above notwithstanding such "special works" may not be reproduced in their entirety; however, 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 may be reproduced.

Spontaneity:

1. The copying is at the instance and inspiration of the individual teacher; and
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.

Cumulative Effect:

1. The copying of the material is for only one course in the school in which the copies are made.
2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
3. There shall not be more than nine instances of such multiple copying for one course during one class term.

(The limitations stated in "2" and "3" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

Prohibitions:

Notwithstanding any of the above, the following shall be prohibited:

1. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.
2. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
3. Copying shall not:
   • substitute for the purchase of books, publisher's reprints or periodicals;
   • be directed by higher authority; or
   • be repeated with respect to the same item by the same teacher from term to term.
4. No charge shall be made to the student beyond the actual cost of the photocopying.

NOTE: This material comes from Questions and Answers on Copyright for the Campus Community, Copyright 1994 National Association of College Stores, Inc. and The Association of American Publishers.