The
UNC Policy Manual
500.2.2[G]
Adopted
10/31/83
Purpose
and scope.
These guidelines are intended to assist faculty and staff of the
University of North Carolina to understand and comply with copyright law that
governs the photocopying of printed materials.
Not addressed are the respective rights of writers and their employers
in works that may have been created within on-going employment or pursuant to
an ad hoc employment agreement. Those rights are addressed by the University
of North Carolina Patent and Copyright Policies, embodied in Section 500.2 of
this Policy Manual.
Extent
of photocopying rights.
The Copyright Act of 1976 (effective
Duration
of copyright.
Copyright in most written works created on or after
The 1976 Act contains provisions for defining the potential life
of copyright in works created before
Exceptions
to copyright.
Ownership in a work prohibits another's copying the work unless
one or more of the following conditions exists:
(1) the work was
never copyrighted.
(2) copyright in the
work has expired.
(3) the work lies in
the public domain.
(4) the copying
falls within "fair use" privileged under Section 107.
(5) the copying
falls under certain library or archival copying privileged under Section 108.
(6) the copyright
owner has given appropriate permission.
No copyright. Copyright is
indicated by the letter "C" in a circle, or the word
"Copyright," or the abbreviation "Copr.," followed by the
year of first publication and the name of the copyright owner. (Section 401)
Absence of copyright notice on a work published prior to
Expired copyright. A work
whose copyright has expired lies in the public domain and may be freely
copied. Determination that a copyright
has expired should be made by reference to provisions discussed above under
"Duration of copyright."
Public domain. Works that
were never copyrighted or whose copyright has expired lie in the public domain
and are available to anyone to copy.
Among the works that are public domain from their creation are
publications of the U.S. Government, which are not copyrightable. (Section
105) However, the U.S. Government may
receive by assignment, gift, or otherwise and then hold the copyright in works
privately created. Furthermore, works
privately created under federal contract or federal grant support may be
copyrighted if such copyright is not prohibited by the federal contract or
grant.
While an original work may lie in the public domain, any edition
or other derivative of the work may be copyrighted by the author of the
derivative work (e.g., the publisher or editor of a particular printing). Therefore, indication of copyright on the
particular copy of the work intended for photo copying, not the age of the
parent work, is the basis for determining copyright status.
Fair use. The Copyright Act
of 1976 gives the status of statutory law to certain uses of copyrighted works
that prior to
Sec. 107. Limitations on
exclusive rights: Fair use
Notwithstanding
the provisions of section 106 [exclusive rights of copyright owner], the fair
use of a copyrighted work, including such use by reproduction in copies or
phono-records or by any other means specified by that section, for purposes such
as criticism, comment, news reporting, teaching (including multiple copies for
class room 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 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.
Though now a statutory privilege, not merely a judicial doctrine,
fair use remains a difficult protection to measure for several reasons, two of
them being:
(1) the fair use "factors" set forth as standards in
Section 107 are not the sole considerations that could justify photocopying as
fair use;
(2) not all of the four specific factors
set forth in Section 107 need be present to justify as fair use every incident
of unlicensed photocopying. Rather,
"the courts must be free to adapt the doctrine to particular situations on
a case-by-case basis." (House
Report No. 94- 1476)
In response to these uncertain boundaries of the fair use
privilege representatives of the publishing industry and education negotiated
as a minimum "safe harbor" the "Agreement on Guidelines for
Classroom Copying in Not-for-Profit Educational Institutions." These guidelines (Attachment A) are one means
to help gauge whether particular photocopying lies within the fair use
privilege. It should be noted, however,
that the purpose of the negotiators, to define a minimum usage, is clearly
stated in the guidelines and that the quantitative sections of the guidelines
have more apparent utility at a small, elementary or secondary school than at a
University or large college. However,
some of the qualitative parts of the guidelines, like "Spontaneity,"
are thoroughly consistent with the standards of Section 107 itself and are also
realistic tests for University faculty and staff to apply in judging the
propriety of particular copying.
In like manner, "Guidelines for Educational Uses of
Music" were negotiated among music publishers, music teachers, and schools
of music. These guidelines (Attachment
B) are useful minimum criteria for fair use of music by copying.
Library and archival copying.
Section 108 of the 1976 Copyright Act establishes some limited
privileges for photocopying and distribution by libraries and archives. These privileges are somewhat similar to fair
use under Section 107, but there are many significant differences. All the privileges of photocopying under
Section 108 require that the copy:
(a) be made without
the purpose of direct or indirect commercial advantage;
(b) be made by a library or archives that is open to the public
or at least to nonaffiliated researchers "doing research in a specialized
field"; and
(c) include a "notice of copyright." (See the
discussion, above, of "No copyright" for the elements of the required
notice.)
(1) Preservation.
Copying that qualifies under the three initial conditions, above, may be
used to preserve and keep secure an unpublished work or to deposit an unpublished work for research at
another library qualifying under (b), above.
This work, however, must be currently in the copying library's
collection and be copied in "facsimile form"; that is, the copy must
be a total reproduction, not a partial or edited version.
(2) Replacement. Copying
that meets the three initial conditions, above, may also be used to replace a
damaged, deteriorating, lost, or stolen copy of a published work if, after
reasonable effort, the library has been unable to find a unused replacement
available at a fair price. The copy,
too, must be made only in facsimile form.
(3) Excerpts. Copying
that meets the three initial conditions, above, may be used to reproduce
"no more than one article or other contribution to a copyrighted
collection or periodical issue, or to . . . a small part of any other
copyrighted work" if, in addition:
(a) the copy becomes the property of the
user;
(b) the library has had no notice that the copy will be used
for any purpose "other than private study, scholarship, or research";
and
(c) the library "displays prominently, at the place where
orders are accepted, and includes on its order form a warning of copyright in
accordance with requirements that the Register of Copyrights shall prescribe by
regulation." (See Attachment C for
regulations of the e Register of Copyrights prescribing the form and content of
the "Display Warning of Copyright' and the "Order Warning of Copy right.")
(4) Whole works. Copying
that meets the three initial conditions, above, and the three conditions of
(3), above, may be used to reproduce an "entire work or . . . a
substantial part of it" if the library also "has first determined, on
the basis of a reasonable investigation that a copy . . . of the copyrighted
work cannot be obtained at a fair price."
(5) Unsupervised copying machines. If a library has an unsupervised copier on
its premises and if an unsupervised user copies materials in a manner
infringing their copyright, neither the library nor its employees will be
liable for the infringement if at the copying machine there was posted a notice
"that the making of a copy may be subject to the copyright law."
(6) Excessive copying.
No individual may use a library's unsupervised copier, or request a library
to copy excerpts of a work, as contemplated under Section 108, in a manner
exceeding the fair use limitations of Section 107 either as to the extent of
the copying or as to the later use of the copy.
(7) External standards.
No privilege established by Section 108 either extends or diminishes the
fair use privileges under Section 107 or the terms under an agreement between
the library and the supplier of a work in the library's collections. For instance, either Section 107 or a
publisher's subscription agreement might permit a library to make multiple
copies of a magazine article for classroom use although Section 108 is limited
to the making of single copies.
(8) Repeated copying.
The single copies authorized by Section 108 are limited to
"isolated and unrelated" production, and exclude copying where the
library or its employee "is aware or has substantial reason to
believe" that copying on one occasion or series of occasions is causing
multiple copies of the same material. Section 108 also does not authorize
"systematic" copying except interlibrary arrangements not having the
"purpose or effect" of providing the receiving library "such
aggregate quantities as to substitute for a subscription to or purchase of such
work." (Voluntary guidelines for interlibrary
arrangements, developed by the National Commission on New Technological Uses of
Copyrighted Works [CONTU], are provided as Attachment D).
(9) Exclusion of nonverbal works. Copying of musical, pictorial, or graphic
works is not authorized under Section 108 except in these two circumstances:
(a) Where a musical, pictorial, or graphic work is to be copied
under conditions defined under (1) or (2), above ("Preservation,"
"Replacement").
(b) Where a pictorial or graphic work (but not a musical work)
published as an illustration, diagram, or similar adjunct to a work is to be
copied as part of the larger work under conditions defined under (3.
"excerpts") or (4. "wholeworks"), above.
Permission of copyright owner.
Where permission to copy a work has been given by the owner of the
copyright, there is no liability for the copying authorized. In most cases, the copyright notice at the
front of the work will indicate the owner.
The owner should be addressed in the manner indicated in the sample
permission letter at Attachment E. Journal articles may be licensed for copying
through the Copyright Clearance Center, 310 Madison Avenue, New York, NY 10017.
Unknown copyright holders in published works may often be identified through The Literary Marketplace (for books) and
Ulrich's International Periodicals
(for journals).
Infringement
remedies/defense.
Civil action. The owner of
a work whose copyright has been infringed may sue the infringer and seek the
following remedies: (1) temporary and
final injunctions against infringement;(2) impoundment of infringing copies;
(3) destruction or other reasonable disposition of the infringing copies and
any masters or negatives of the infringing copies; (4) actual damages to the
owner; (5) profits of the infringer attributable to the infringement; and (6)
court costs and reasonable attorney's fees. In lieu of actual damages and
profits a copyright owner may seek with respect to any one work damages of not
less than $250 nor more than $10,000, "as the court considers just." This award of statutory damages may be
increased to not more than $50,000 where the court is shown to its satisfaction
that the infringement was committed "willfully." However, the award of statutory damages may
be reduced to not less than $100 where:
(1) the infringer "believed and had reasonable grounds for
believing that his or her use of the copyrighted work was a fair use under
Section 107"; and
(2) the infringing copying was done by a nonprofit educational
institution, library, or archives or by its employee or agent "acting
within the course and scope of his or her employment." (Section 504)
Criminal proceedings. A
person who infringes a copyright by copying printed materials "willfully
and for purposes of commercial advantage or private financial gain shall be
fined not more than $10,000 or imprisoned for not more than one year or
both." In addition, the infringing
copies may be forfeited or otherwise disposed of.
Fraudulent attachment, removal, or alteration of a copyright notice
carries a maximum fine of $2,500.
(Section 506)
Legal defense. The Attorney
General of North Carolina is authorized to defend a State employee or former
State employee in both civil and criminal proceedings brought against the
employee" in his official or individual capacity, or both, on account of
an act done or omission made in the scope and course of his employment as a
State employee." Defense of the
employee, however, may be refused where the Attorney General or the Attorney
General's delegate determines that:
(1) the act or omission was not within the scope and course of
employment as a State employee; or
(2) the employee or former employee acted or failed to act
because of the employee's actual fraud, corruption, or malice; or
(3) defense of the proceeding by the State would create a
conflict of interest between the State and the employee or former employee; or
(4) defense of the proceeding would not be in the best
interests of the State. (G.S. Chapter 143, Article 31A)
When the State does stand in defense of a State employee, the
State agency that employed the defendant must pay any judgment, settlement, or
other established claim, but the State agency may not pay an amount greater
than $100,000 "cumulatively to all claimants on account of injury or
damage done to any one person."
(N.C.G.S. Chapter 143, Articles 31 and 31A)
Because of these considerations it is clear that, while protection
to University employees is considerable, it is limited to those instances of
alleged copyright infringement where the State can justify its acceptance of
potential liability by reference to the particulars of why and how the copying
took place. It becomes important, then,
that University faculty and staff realize that copying for classroom materials
might induce defense by the State but that copying related to private
consulting will likely not. It is also
important to note that copying done at University libraries and campus copy
centers by University staff (whether they be users of the copies or just
machine operators) will induce the State to defend only after the State
considers what the staff knew or should have known about copyrights in the
materials and their probable use.
On June 10, 1983, the Association of American Publishers, Inc.
asked the constituent institutions to adopt a "Policy Statement on
Photocopying of Copyrighted Materials for Classroom and Research
Use." This "policy
statement" was based upon a settlement on April 7, 1983 of the Addison-Wesley Publishing Co., Inc., et al
v. New York University, et al.
case. This "policy statement" is administratively unwise and contrary
to The Code of The University of North
Carolina and is, therefore, not to be adopted as policy within the
University.
[This
is a rewrite of Administrative Memorandum #188 and a memorandum to the
chancellors dated October 24, 1983, from David N. Edwards, Jr.]
Appendix A
Agreement on Guidelines for
Classroom Copying in Not-For-Profit Educational Institutions with Respect To
Books and Periodicals
The purpose of the following guidelines is to state the minimum
and not the maximum standards of educational fair use under Section 107 of H.R.
2223. The parties agree that the
conditions determining the extent of permissible copying for educational
purposes may change in the future: that certain types of copying permitted
under these guidelines may not be permissible in the future: and conversely
that in the future other types of copying not permitted under these guidelines
may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to
limit the types of copying permitted under the standards of fair use under
judicial decision and which are stated in Section 107 of the Copyright Revision
Bill. There may be instances in which
copying which does not fall within the guidelines stated below may nonetheless
be permitted under the criteria of fair use.
Guidelines
I. Single Copying For Teachers:
A single copy may be made of any of the following by or for a
teacher at his or her individual request for his or her scholarly research or
use in teaching or preparation 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, graph, diagram, drawing, cartoon or picture from a book, periodical, or
newspaper:
II. 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:
A. The copying
meets the tests of brevity and spontaneity as defined below: and,
B. Meets the
cumulative effect test as defined below: and,
C. Each copy
includes a notice of copyright.
DEFINITIONS:
Brevity:
i. 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.
ii. 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% of the work, whichever is less, but in any event a minimum
of 500 words.
[Each of the numerical limits
stated in "i" and "ii" above may be expanded to permit the
completion of an unfinished line of a poem or of an unfinished prose
paragraph.]
iii. Illustration: One chart, graph, diagram, drawing, cartoon
or picture per book or per periodical issue.
iv. "Special" works: Certain works 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
"ii" 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 the text there of, may be reproduced.
Spontaneity:
i. The
copying is at the instance and inspiration of the individual teacher, and
ii. 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:
i. The
copying of the material is for only one course in the school in which the
copies are made.
ii. 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.
iii. There shall not be more than nine instances of such multiple
copying for one course during one class term.
[The limitations stated in
"ii" and "iii" above shall not apply to current news
periodicals and newspapers and current news sections of other periodicals.]
III. Prohibitions As To I and II Above:
Notwithstanding any of the above, the following shall be
prohibited:
A. 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.
B. There
shall be no copying of or from works intended to be "consumable" in
the course of study or of teaching. These include workbooks, exercises,
standardized tests and test booklets and answer sheets and like consumable
material.
C. Copying shall
not:
a. substitute for the purchase of
books, publisher's reprints or periodicals:
b. be directed by higher authority:
c. be repeated with respect to the same
item by the same teacher from term to term.
D. No charge shall
be made to the student beyond the actual cost of the photocopying.
AGREED
March
19, 1976
AD HOC
COMMITTEE ON AUTHOR-PUBLISHER
COPYRIGHT LAW
REVISION GROUP AUTHORS LEAGUE OF AMERICA
By Sheldon
Elliott Steinbach By
Irwin Karp, Counsel
ASSOCIATION
OF AMERICAN
PUBLISHERS,
INC.
By
Alexander C. Hoffman,
Chairman
Copyright
Committee
Appendix B
Guidelines Under Fair Use for
Music
The purpose of the following guidelines is to state the minimum
and not the maximum standards of educational fair use under Section 107 of H.R.
2223. The parties agree that the
conditions determining the extent of permissible copying for educational
purposes may change in the future; that certain types of copying permitted
under these guidelines may not be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to
limit the types of copying permitted under the standards of fair use under judicial
decision and which are stated in Section 107 of the Copyright Revision
Bill. There may be instances in which
copying which does not fall within the guidelines stated below may nonetheless
be permitted under the criteria of fair use.
A. Permissible Uses
1. Emergency copying
to replace purchased copies which for any reason are not available for an
imminent performance provided purchased replacement copies shall be substituted
in due course.
2. For
academic purposes other than performance, single or multiple copies of excerpts
of works may be made, provided that the excerpts do not comprise a part of the
whole which would constitute a performable unit such as a section, movement or
area, but in no case more than 10% of the whole work. The number of copies shall not exceed one
copy per pupil.
3. Printed
copies which have been purchased may be edited or simplified provided that the
fundamental character of the work is not distorted or the lyrics, if any,
altered or lyrics added if none exist.
4. A
single copy of recordings of performances by students may be made for
evaluation or rehearsal purposes and may be retained by the educational
institution or individual teacher.
5. A
single copy of a sound recording (such as a tape, disc or cassette) of
copyrighted music may be made from sound recordings owned by an educational
institution or an individual teacher for the purpose of constructing aural
exercises or examinations and may be retained by the educational institution or
individual teacher. (This pertains only
to the copyright of the music itself and not to any copyright which may exist
in the sound recording.)
B. Prohibitions
1. Copying
to create or replace or substitute for anthologies, compilations or collective
works.
2. Copying
of or from works intended to be "consumable" in the course of study
or of teaching such as workbooks, exercises, standardized tests and answer
sheets and like material.
3. Copying for the
purpose of performance, except as in A(1) above.
4. Copying
for the purpose of substituting for the purchase of music, except as in A(1)
and A(2) above.
5. Copying without
inclusion of the copyright notice which appears on the printed copy.
Appendix C
201.14 Warnings of copyright for use by certain libraries and archives
(a) Definitions.
(1) A "Display Warning of
Copyright" is a notice under paragraphs (d)(2) and (e)(2) of section 108
of Title 17 of the United States Code as amended by 94 P.L. 553 [paragraphs
(d)(2) and (e)(2) of section 108 of this title]. As required by those sections the
"Display Warning of Copyright" is to be displayed at the place where
orders for copies or phono-records are accepted by certain libraries and
archives.
(2) An "Order Warning of
Copyright" is a notice under paragraphs (d)(2) and (e)(2) of section 108
of Title 17 of the United States Code as amended by 94 P.L. 533 [paragraphs
(d)(2) and (e)(2) of section 108 of this title]. As required by those sections the "Order
Warning of Copyright" is to be included on printed forms supplied by
certain libraries and archives and used by their patrons for ordering copies or
phono-records.
(b) Contents. A Display
Warning of Copyright and an Order Warning of Copyright shall consist of a
verbatim reproduction of the following notice, printed in such size and form and
displayed in such manner as to comply with paragraph (c) of this section:
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
materials.
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.
(c) Form and Manner
of Use.
(1) A Display Warning of Copyright shall
be printed on heavy paper or other durable material in type at least 18 points
in size, and shall be displayed prominently, in such manner and location as to
be clearly visible, legible, and comprehensible to a casual observer within the
immediate vicinity of the place where orders are accepted.
(2) An Order Warning of Copyright shall be
printed within a box located prominently on the order form itself, either on
the front side of the form or immediately adjacent to the space calling for the
name or signature of the person using the form.
The notice shall be printed in type size no smaller than that used
predominantly throughout the form, and in no case shall the type size be
smaller than 8 points. The notice shall
be printed in such manner as to be clearly legible, comprehensible, and readily
apparent to a casual reader of the form.
Appendix D
Guidelines for Interlibrary
Arrangements
(The
following is reprinted from the Conference Report of September 29, 1976.)
Introduction
Subsection 108(g)(2) of the bill deals, among other things, with
limits on interlibrary arrangements for photocopying. It prohibits systematic photocopying of
copyrighted materials but permits interlibrary arrangements "that do not
have, as their purpose or effect, that the library or archives receiving such
copies or phone-records for distribution does so in such aggregate quantities
as to substitute for a subscription to or purchase of such work."
The National Commission on New Technological Uses of Copyrighted
Works offered its good officers to the House and Senate subcommittees in
bringing the interested parties together to see if agreement could be reached
on what a realistic definition would be of "such aggregate
quantities." The Commission
consulted with the parties and suggested the interpretation which follows, on
which there has been substantial agreement by the principal library, publisher,
and author organizations. The Commission
considers the guidelines which follow to be a workable and fair interpretation
of the intent of the proviso portion of subsection 108(g)(2).
These guidelines are intended to provide guidance in the
application of Section 108 to the most frequently encountered interlibrary
case: a library's obtaining from another library, in lieu of interlibrary loan,
copies of articles from relatively recent issues of periodicals -- those
published within 5 years prior to the date of the request. The guidelines do not specify what aggregate
quantity of copies of an article or articles published in a periodical, the
issue date of which is more than 5 years prior to the date when the request for
the copy thereof is made, constitutes a substitute for a subscription to such
periodical. The meaning of the proviso
to subsection 108(g)(2) in such case is left to future interpretation.
The point has been made that the present practice on interlibrary
loans and use of photocopies in lieu of loans may be supplemented or even
largely replaced by a system in which one or more agencies or institutions,
public or private, exist for the specific purpose of providing a central source
for photocopies. Of course these
guidelines would not apply to such a situation.
Guidelines
for the Proviso of Subsection 108(g)(2)
1. As
used in the proviso of subsection 108(g)(2), the words “ . . . such aggregate
quantities as to substitute for a subscription to or purchase of such
work" shall mean:
(a) With respect to any given periodical
(as opposed to any given issue of a periodical) filled requests of a library or
archives (a "requesting entity") within any calendar year for a total
of six or more copies of an article or articles published in such periodical
within 5 years prior to the date of the request. These guidelines specifically shall not
apply, directly or indirectly, to any request of a requesting entity for a copy
or copies of an article or articles published in any issue of a periodical, the
publication date of which is more than 5 years prior to the date when the
request is made. These guidelines do not
define the meaning, with respect to such a request, of ". . . such aggregate quantities as to
substitute for a subscription to [such periodical]."
(b) With respect to any other material
described in subsection 108(d)(including fiction and poetry),filled requests of
a requesting entity within any calendar year for a total of six or more copies
or phono-records of or from any given work (including a collective work) during
the entire period when such material shall be protected by copyright.
2. In the event
that a requesting entity --
(a) shall have in force or shall have entered an order for a
subscription to a periodical, or
(b) has within its collection, or shall have entered an order
for, a copy or phono-record of any other copyrighted work, material from either
category of which it desires to obtain by copy from another library or archives
(the "supplying entity"), because the material to be copied is not
reasonably available for use by the requesting entity itself then the
fulfillment of such request shall be treated as thought the requesting entity
made such copy from its own collection.
A library or archives may request a copy or phono-record from a
supplying entity only under those circumstances where the requesting entity
would have been able, under the provisions of Section 108, to supply such copy
from materials in its own collection.
3. No
request for a copy or phono-record of any material to which these guidelines
apply may be fulfilled by the supplying entity unless such request is
accompanied by a representation by the requesting entity that the request was
made in conformity with these guidelines.
4. The
requesting entity shall maintain records of all requests made by it for copies
or phono-records of any materials to which these guidelines apply and shall
maintain records of the fulfillment of such requests, which records shall be
retained until the end of the third complete calendar year after the end of the
calendar year in which the respective request shall have been made.
5. As part of the review provided for in subsection 108(i), these guidelines shall be reviewed not later than 5 years from the effective date of this bill.
Appendix E
Sample Letter Requesting
Permission To Copy
Date
[Publisher's
Address]
Dear
Sir or Madam:
I would like permission to copy the following for continued use in
my classes in future semesters:
Title:
Copyright:
Author:
Material to be duplicated:
[Chapters 10, 11, and 14] (photocopies enclosed)
Number of copies:
Distribution: The material will be distributed to students
in my classes and they will pay only the cost of the photocopying.
Type of reprint: photocopy
Use: The chapters will be
used as supplementary teaching materials in my classes.
I have enclosed a self-addressed envelope for your convenience in
replying to this request.
Sincerely,
Faculty
Member