UNIVERSITY OF PITTSBURGH POLICY  10-04-01



CATEGORY:         SUPPORT SERVICES
SECTION:          University Copying
SUBJECT:          Copying Copyrighted Material
EFFECTIVE DATE:   February 14, 1989

I.      PURPOSE

        To define the criteria for making copies of copyrighted
        material without written permission of the copyright owner,
        and to outline the necessary steps for requesting permission
        when it is required.

II.     SCOPE

        This procedure is applicable to all copyrighted material,
        published or unpublished, including literary works, musical
        works, dramatic works, pantomimes and choreographic works,
        pictorial, graphic and sculptural works, motion pictures and
        other audiovisual works, sound recordings, such as phonograph
        records, tapes, and computer software.

III.    DEFINITIONS

        A.   Copyright Notice:  The title page, or the reverse of it,
             which consists of the year of publication, the name of
             the copyright owner, and in general, any acknowledgments
             of other copyrighted material used in the book.

        B.   Acknowledgment:  An indication that some materials were
             originally published elsewhere, and that the copyright
             for these materials remains with the original owner.

        C.   Brevity:

             1.   Poetry:

                  -        A complete poem if less that 250 words and
                           if printed on not more than two pages

                  -        An excerpt from a longer poem, of not more
                           than 250 words

             2.   Prose:

                  -        A complete article, story or essay of less
                           than 2,500 words

                  -        An excerpt from any prose work of not more
                           than 1,000 words or 10% of the work,
                           whichever is less, and not less than 500
                           words

                  Note:  Each of the numerical limits stated above may
                  be expanded to permit the completion of an
                  unfinished line of a poem or 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 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.

                  Note:  Item "B" above not withstanding, such
                  "special works may not be reproduced in their
                  entirety; however, an excerpt comprising not more
                  than two of the published pages and containing not
                  more than 10% of the words in the text may be
                  reproduced.

        D.   Spontaneity:

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

             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.

        E.   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.

                  Note:  The limitations stated above do not apply to
                  current news periodicals and newspapers and current
                  news sections of other periodicals.

IV.     PROCEDURE

        A.  Requesting single copies of copyrighted material.

        Responsibility        Action

        Requester         1.  Make or request single copy of
                              copyrighted material.  No written
                              permission required.

        B.  Requesting multiple copies of copyrighted material.

        Requester         1.  Determine that the copying meets the
                              tests of brevity, spontaneity, and
                              cumulative effect. (See Paragraph III,
                              Definitions., C.,D., and E.)

                          2.  Make or request copies.  No written
                              permission required.

C.      Requesting permission to make multiple copies of copyrighted
        material when the copying does not meet the tests of brevity,
        spontaneity, and cumulative effect.

        Requester         1.  Check to determine who owns the
                              copyright on the material.

                              - Check the copyright notice on the
                                title page, since the material in
                                question may be the property of an
                                author or publisher other than that
                                of the publication you are using.

                              - In the case of audiovisual materials,
                                this notice is printed on the label.

                          2.  Request permission to duplicate.  (See
Exhibit A.)

                          3.  Include in the request:

                              a.   Title, author and/or editor, and
                                edition of materials to be duplicated

                              b.   Exact material to be used, giving
                                amount, page numbers, chapters, and
                                if possible, a photocopy of the
                                material

                              c.   Number of copies to be made

                              d.   Use to be made of duplicated
                                materials

                              e.   Form of distribution (classroom,
                                newsletter, etc.)

                              f.   Whether or not the material is to
                                be sold

                              g.   Type of reprint (Ditto, photocopy,
                                offset, typeset)

                          4.  Allow enough lead time to obtain the
                              permission before the materials are
                              needed.

                          5.  Send the request, together with a self
                              addressed return envelope, to the
                              permissions department of the publisher
                              in question.

                              - If the address of the publisher does
                                not appear at the front of the
                                material, it may be obtained in a
                                publication entitled The Literary
                                Marketplace, published by the R. R.
                                Bowker Company, and available in all
                                libraries.

        Publisher         6.  Review the status of the copyright to
                              determine if the power to grant the
                              duplication rights requested is within
                              your scope or province.

                          7.  Determine the exact materials to be
                              duplicated.

                          8.  Notify requester in writing whether
                              permission is granted or denied.

        Library           9.  Retain letters of permission which
                              accompany   requests    to make
                              multiple photocopies of copyrighted
                              materials.

                              - Records should be retained until the
                                end of the third calendar year after
                                the end of the calendar year in which
                                the request is made.

                         10.  Place copies on reserve two weeks after
                              the permission is requested, unless
                              permission is expressly denied.

                         11.  Maintain records of all requests for
                              Interlibrary loans and their
                              disposition.

                         12.  Retain all statements and supporting
                              documentation verifying that a
                              copyrighted work is not available
                              through normal trade sources at a fair
                              price.

        D.  Arranging royalty payments for performance or display of
            copyrighted material not related to instructional
            activities.

        Program
        Coordinator        Report all performances one week prior to
                           the contracting date of the performance
                           to:

                           PITT Program Council
                           Office of Student Activities
                           107 William Pitt Union

        Office of Student
        Activities         Arrange for payment of royalties.

V.      REFERENCES

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

VI.     EXHIBITS

        -    Exhibit A, Sample Letter for Permission