UNIVERSITY OF PITTSBURGH POLICY  10-04-01



CATEGORY:                  SUPPORT SERVICES
SECTION:                   University Copying
SUBJECT:                   Copying Copyrighted Material
EFFECTIVE DATE:            February 14, 1989
PAGE(S):                   8


I.      SCOPE

        This policy affirms the guidelines for making reproductions of
        copyrighted material, adopted by the University of Pittsburgh
        in compliance with the Copyright Act, Title 17 U.S. Code.
        (On file with University Counsel.)

II.     POLICY

        COPYRIGHTED MATERIAL

        The Copyright Act provides that works of authorship which are
        subject to copyright protection include:

        -    Literary works

        -    Musical works, including any accompanying words

        -    Dramatic works, including any accompanying music

        -    Pantomimes and choreographic works

        -    Pictorial, graphic, and sculptural works

        -    Motion pictures and other audiovisual works

        -    Sound recordings, such as phonograph records and tapes

        -    Computer software

        Almost any form of creative work may be subject to
        copyright protection.  In addition, subject to
        certain exceptions, some protection is automatic for
        unpublished works as well as for those which are
        published.

        In some instances, multiple works are produced by the
        publisher without a copyright notice and are not protected by
        Copyright.  In those instances, application of the Copyright
        Act is not a concern.

        Photocopying/Reproduction

        Only a single copy of a copyrighted article or a minor part of
        a work may be made for personal use, unless written
        permission to do otherwise has been secured from the
        copyright holder by the person who makes the copy or requests
        copying service.  See Procedure 10-04-01, Copying Copyrighted
        Material.

        -    The copy or copies of the copyrighted work becomes the
             property of the person who requested it.

        It is not permissible to copy an entire issue, volume or
        complete work.  However a copy may be made for replacement
        purposes if:

        -    The item has been lost, stolen, or damaged, and

        -    It has been determined that a copy is not available
             through normal trade sources at a fair price

        All the privileges of copying under Section 108 of the
        Copyright Act require that the copy:

        -    Be made without the purpose of direct or indirect
             commercial advantage

        -    Be made by a library or archives that is open to the
             public or at least a non-affiliated researcher "doing
             research in a specialized field"

        -    Include a proper notice of copyright

        Public Domain

        Almost everything copyrighted in 1905 or previously is now in
        the public domain and multiple copies may be made.

        -    In rare instances a private law has been passed by
             Congress to provide extended copyright protection for a
             title.

        While some materials since 1906 have come into the public
        domain, the University and its libraries are not equipped to
        perform copyright searches to identify those materials which
        are no longer protected.

        -    The patron may have the U.S. Copyright Office perform a
             copyright search at an hourly charge.

        -    A written statement from the U.S. Copyright Office that a
             work is in the public domain is acceptable proof that
             multiple copies may be made.

        Multiple works that are produced by the publisher without a
        copyright notice are not protected by Copyright.  In those
        instances, the Copyright Act does not apply.

        GOVERNMENT PUBLICATIONS

        Most U.S. government publications may be copied without
        restrictions except to the extent they contain copyrighted
        materials from other sources.

        U.S. Government publications are documents prepared by an
        official or employee of the government in an official
        capacity, and include:

        -    The opinions of courts and legal cases


        -    Congressional reports on proposed bills

        -    Testimony offered at congressional hearings

        -    Works of government employees in their official
             capacities

        Works prepared by outside authors on a contract of the
        government may or may not be protected by copyright,
        depending on the specifics of the contract.

        State Government works may be protected by copyright, and
        should be checked for notice of copyright before making
        copies of such material.

        FOREIGN PUBLICATIONS

        In accordance with international copyright treaties, foreign
        publications are to be treated as if they were copyrighted in
        the United States.

        LIBRARY RESERVE USE OF COPYRIGHTED MATERIAL

        Printed Material

        Only a single copy of a copyrighted article or a minor part of
        a work may be made, for personal use, unless permission has
        been obtained to do otherwise.  See Procedure 10-04-01,
        Copying Copyrighted Material.

        All copies must show the proper copyright notice and the
        source (title and publisher) of the material.

        Multiple copies of duplicated material will be reserved only
        if such copies are accompanied by a written permission from
        the copyright owner, or they meet the tests of brevity,
        spontaneity, and cumulative effect (See Procedure 10-04-01),
        and the following guidelines:

        -    The amount of materials should be reasonable in relation
             to the total amount of materials assigned for one term
             or course, taking into account the nature of the course,
             its subject matter, and level

        -    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

        -    The materials should contain a notice of copyright

        -    The effect of photocopying materials should not be
             detrimental to the market for the work

        The fact that a faculty member supplying such copies may be
        the author of the material does not insure that he is the
        copyright owner.  The ownership of copyright must be verified
        and proof offered to the library that such verification has
        been accomplished.

        If the request is to reserve reprints rather than photocopies,
        no permission is required.

        Personal copies of monographs may be reserved, as long as they
        are originals and not photocopies.

        Audiovisual Material

        Pictorial, graphic, or sculptural works, motion pictures and
        other audiovisual material may be reproduced by the Library
        or University Center for Instructional Resources (UCIR) for
        the following purposes:

        -    For preservation and security, provided the original work
             is currently in the collection of the library or owned
             by UCIR and the work is unpublished

        -    For replacement of a damaged, deteriorating, lost or
             stolen published material, providing an unused
             replacement cannot be obtained at a reasonable price

        The library may make one archival tape for each tape
        purchased, unless specifically forbidden by the supplier.

        -    Only one copy, either the original or archival, may be
        used or circulated at any given time.

        If multiple copies are needed, they must be purchased.

        Reproduction for other purposes, with exception of classroom
        use (See below), is prohibited without permission from the
        Copyright owner.

        Course Reserves - Single Copies

        A faculty member in the course of teaching and research may
        ask the library to make single copies of copyrighted
        material.

        That copy is retained by the instructor, and he may lend it to
        the library with a written statement (form available in the
        library) requesting the library to put the copy on reserve
        for the use of his students in a given course.

        The library will keep the copy only until the end of the term,
        at which time it is returned to the instructor.

        -    The instructor may relend the above mentioned copy to the
             library for use in the same or other course in the
             future.

        Course Reserves - Multiple Copies

        To make or have made multiple copies of copyrighted work for
        course use for only one term, the library will write for the
        copyright holder's permission, on the faculty member's behalf
        (if the tests of brevity, spontaneity, and cumulative effect
        cannot be met).  See Procedure 10-04-01, Copying Copyrighted
        Material.

        Faculty members requesting more than one copy will be asked to
        cover the cost of the copies.

        If permission is granted, the library will pay all reasonable
        royalties.

        Permission of the copyright holders for continued use is
        required for the library to make or reserve copies of the
        same material for more than one term.

        Libraries have the right to refuse to copy materials which are
        fragile and may be damaged in the copying process, whether
        from the libraries' own collections or borrowed from another
        library.

        INTERLIBRARY LOANS

        The library can request up to five articles from a given
        periodical during one year for issues published during the
        past five years.  This restriction does not apply to any
        periodical whose publication date is more than five years
        prior to the date when the request is made.

        The library keeps records on all interlibrary loans for a
        period of three years.

        COPIES FOR TEACHERS FOR CLASSROOM USE

        Single Copying for Teachers.  A single copy may be made of the
        following by or for a teacher at his individual request 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

        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:

        -    The copying meets the tests of brevity, spontaneity and
             cumulative effects, as defined in Procedure 10-04-01,
             Copying Copyrighted Material

        -    Each copy includes a proper notice of copyright

        MUSICAL WORKS

        Copying music scores for the purpose of performance is not
        permitted.  However,  exceptions may be made in emergencies:

        -    To replace University-owned copies which for any reason
             are not available for an imminent performance

        -    Providing purchased replacements are substituted in due
             course

        Single Copies

        A single copy may be made of an entire performable unit by or
        for a teacher for research or other academic purposes (other
        than performances) providing:

        -    It has been determined by a written statement from the
             copyright owner that the work is out of print

        -    The unit is unavailable except in a larger work

        A single copy may be made of an entire recording of a
        performance by students for evaluation or rehearsal and the
        copy is retained by the teacher or the University.

        A single copy may be made of an entire sound recording of a
        musical work, providing the original is a sound recording
        owned by the teacher or the University.

        -    The copying must be only for the purpose of constructing
             aural exercises or examinations and,

        -    The copy (e.g. tape or cassette) is retained by the
             teacher or the University.

        Multiple Copies

        Multiple copies may be made of excerpts from copyrighted work
        providing the copying constitutes a non-performable unit.

        ROYALTY PAYMENTS: PERFORMANCE AND DISPLAY

        No royalty payment is required for the performance or display
        by the instructors or the students of any work in the course
        of face to face teaching activities in classrooms or similar
        places devoted to instruction.

        -    Provided that the performance or display was given by
             means of a copy that was lawfully made, rented, or owned

        No royalty payment is required for the performance or display
        by the instructors or the students of audio-visual material
        and motion pictures in a classroom setting in the course of
        teaching activities, provided that the performance or display
        was given by means of a copy that was lawfully made, rented,
        or owned.

        No royalty payment is required for transmitting the
        performance or display of non- dramatic literary or musical
        works by campus ratio or TV stations if the performance or
        display is:

        -    A regular part of the systematic instructional activities
             of the University

        -    Directly related, and of material assistance to teaching

        -    Made primarily for reception in classrooms or similar
             places devoted to instruction

        Royalty Payments are required for all performances or displays
        of copyrighted material that are not related to instructional
        activities in a classroom setting.  The Office of Student
        Activities is responsible for arranging a system for such
        payments.  See Procedure 10-02-01, Copying Copyrighted
        Material.

        PROHIBITIONS

        Copying is not permitted to create, replace, or substitute for
        anthologies, compilations or collective works.

        -    Such replacement or substitution is prohibited regardless
             of whether copies of various works or excerpts therefrom
             are accumulated or reproduced and used separately.

        Copying is not permitted from works intended to be
        "consumable" in the course of study or of teaching. These
        include:

        -    Workbooks

        -    Exercises

        -    Standardized test and test booklets

        -    Answer sheets

        Copying is not permitted to:

        -    Substitute for the purchase of books, publishers'
             reprints or periodicals

        -    Be directed by higher authority

        -    Be repeated with respect to the same item by the same
             teacher from term to term, without prior permission from
             the copyright owner

        No charge is made to the student beyond the actual cost of the
        copying.

        PHOTOCOPYING MACHINES

        A display warning of copyright laws shall be in a prominent
        place on all machines to inform the public of its
        obligations.

        The warning should read as follows:

        "Notice:  The copyright law of the United States
        (Title 17 U.S. Code) governs the making of
        photocopies or other reproductions of copyrighted
        material.  The person using this equipment is liable
        for any infringement."

        The University is not required to police machines or to advise
        on possible infringement of the law.

III.    REFERENCE

        -    Procedure 10-04-01, Copying Copyrighted Material.