AUX 5.40 - Reproduction of Copyrighted Books and Periodicals
Responsible Office:   Printing Services                                      Effective:   September 25, 1995

A.    Purpose.

Establishes university policy regarding reproduction of copyrighted books and periodicals, and establishes procedures for obtaining permission to copy.

B.    Scope.

Applies to all university departments and activities.

C.    Policy.

1.    Guidelines for Classroom Copying and "Fair Use."
The university will abide by the guidelines printed in the report of the House of Representatives Judiciary Committee on the copyright law (H. R. Report No. 94-1476). (See Appendix A for guidelines for classroom copying.) The purpose of the guidelines is to state the standards of educational fair use. The doctrine of fair use permits reproducing portions of a copyrighted work without the copyright owner's permission providing that ALL criteria within the guidelines are met. Reproducing copyrighted works not meeting the criteria requires obtaining permission to copy from the copyright holder, whether or not the works are in print. Any questions concerning copyrights should be directed to Printing Services.

2.    Printing Services Copyright Permission Assistance.
Printing Services will obtain permission to copy and royalty fee information for copying performed by UNCW Printing Services. There will be no Printing Services fee charged to departments for this service.

3.    Payment of Royalties.
When permissions to copy are obtained by Printing Services, the royalty fees for permissions to copy will be paid to the publisher by Printing Services. Any royalty fees will subsequently be considered a part of the reproduction costs and will be included in the charges to the requesting department for the reproduction of the material. In the case of course packets distributed through the Bookstore, the royalty fees will be added to the cost of the packets.

Departments electing to obtain permission directly will be required to provide documentation of the permission before the work will be reproduced by Printing Services. Payment of royalty fees, if required, will be the responsibility of the department.

D.    Procedures.

1.    Permission to Copy Obtained by Printing Services.
If permission to copy will be obtained by Printing Services, the requesting department must attach a completed APS (Academic Permissions Services) Request Form to the Request for Printing Services. APS Request Forms (with complete preparation instructions) may be ordered from the U-Business Web site.

2.    Permission to Copy Obtained by Department.
The following procedures will facilitate the permission process by assuring that the necessary information has been provided to the copyright holder. Attach a copy of the copyright holder's response to the Request for Printing Services.

a.   Obtain Name and Address of the Publisher.    The page of the material containing a notice of copyright will usually include the copyright owner's name and publisher's address. If the address of the publisher does not appear with the material, any library will have resources for the information. Direct your written or telephone request to the publisher's Copyrights and Permissions Department, not to the author. If the publisher does not control the rights, you will be informed whom to contact.

b.   Request Permission to Duplicate.    Include the following information in your request:

- Author's, editor's, translator's full name(s); title, edition, volume number of book or
   journal; copyright date; ISBN for books, ISSN for magazines and journals.

- Numbers of exact pages, figures, and illustrations. If requesting a chapter or more,
   identify both exact chapter(s) and exact page numbers.

- Number of copies to be made.

- Intended use of the duplicated material. Whether the material will be used alone or
   combined with other copied materials. Whether the material is to be sold.

- Name of university; course name and number; semester and year in which material
   will be used; instructor's full name.

- Name, address, and telephone number of the person to whom the publisher's
   response should be directed.

c.   When to Request Permission to Copy.    Requests for permission to copy should be made four to six weeks before copies are needed.

Procedure No. AUX 5.40                                                      Effective: September 25, 1995

Appendix A.     Guidelines for Classroom Copying

NOTE: These guidelines apply only to copying from books and periodicals and are not intended to apply to musical or audiovisual works.

A.    SINGLE COPYING FOR TEACHERS:    A single copy may be made of any of the following items for scholarly research or use in teaching or preparation to teach a class:

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

B.    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 for classroom use or discussion, provided that:

- The copying meets the tests of brevity, spontaneity, and cumulative effect as defined in
   Appendix B, and
- Each copy includes a notice of copyright.

C.    EXCEPTIONS TO A and B ABOVE:    The following shall be prohibited regardless of whether criteria are met in statements A and B above:

1.   Copying shall NOT be used to create or to replace or to substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur when copies of various works or excerpts are accumulated or reproduced and used separately.

2.   Works intended to be "consumable" in the course of study or teaching cannot be copied. These include workbooks, exercises, standardized tests, 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 (for example, a dean or department chairperson);
- 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.

Procedure No. AUX 5.40                                                                  Effective: Sept. 25, 1995

Appendix B.    Definitions for Performing Tests of Brevity, Spontaneity,
                         and Cumulative Effect

BREVITY:

(1)    Poetry

- A complete poem if less than 250 words and if printed on not more than two pages,
   or
- From a longer poem, an excerpt of not more than 250 words.

(2)    Prose

- Either a complete article, story, or essay of less than 2,500 words, or
- An excerpt from any prose work of not more than 1,000 words or 10%
   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 works in poetry, prose or in "poetic prose" which often combine language with illustration 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 (2) 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% of the words found in 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 to copy.

CUMULATIVE EFFECT:

(1)   The copying of the materials 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.