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published or unpublished, including literary works, musical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