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1701 North State Street Jackson, MS 39210-0001 (800)352-1050 (601)974-1000
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Millsaps College respects the principle
of protection for intellectual labor and creativity as a vital element
in the academic enterprise. The works of authors and publishers,
whether in printed or recorded form, are recognized as protected
intellectual property under the Copyright Law of the United States (PL
94-553) as interpreted in Agreement on
Guidelines for Classroom Copying in Not-for-Profit Educational
Institutions (H. Rept. 94-1476).
It is the intention of the College to abide by the provisions of the
law and to encourage all members of the College community to
acknowledge the spirit of this protection. Specifically, faculty,
students and administrators are advised to be aware of copyright
restrictions that apply to duplicating print, sound and video
recordings and computer software.
The College does not condone willful or uninformed abuse of
copyrighted material, either through photocopy, other reproduction,
distribution, or public performance. Where this principle is
consciously ignored or violated the responsibility and legal
consequences rest with the individual so acting. Violations of
authorial integrity, including unauthorized access and copyright, may
be grounds for sanctions against members of the College
community.
Unauthorized downloading or uploading of copyrighted material can result in legal action against you and is a violation of Millsaps' Ethical Use of Computing Facilities policy.
Areas of special concernClassroom distribution: Copying for instruction is
addressed by the Copyright Law and in the guidelines shown below.
Computer software: Software available through licensing
carries very specific rights and restrictions, including the right of
the distributor or the licensee to audit its use on College-owned
hardware.
Language Learning Center: Use and duplication of audio
tapes, video programs, and computer software for foreign language study
are governed by arrangements with the producers of such material.
Library reserves: In matters relative to copyright
policy, the Millsaps library will be guided by the "Model Policy
Concerning College and University Photocopying for Classroom, Research
and Library Reserve Use," published by the American Library
Association.
Millsaps College Faculty Handbook, 1993, p. 45.
Copyright law does not prohibit but does severely restrict the
practice of photocopying books and articles for educational use.
It is important that faculty and students be aware of copyright law and
make a good faith effort to adhere to it and to stay within the bounds
of fair use.
Fair use of copyrighted material is established in copyright law but
is not clearly defined. Generally, in not-for-profit educational
institutions, faculty and students may make single copies of a chapter,
a journal article, an illustration, or a small part of a larger work
for personal research.
Copies may also be made for distribution to an entire class but within
the Agreement on Guidelines for Classroom
Copying in Not-for-Profit Educational Institutions . The
Guidelines have specific information about how much can be
copied but generally limit copying to very brief portions of larger
works and require that copying meet the test of spontaneity when there
is no time to request permission. The copies can be for one
course only with limits on the amount of copying in one semester.
Faculty must not create anthologies without permission nor reproduce
consumables such as workbooks.
Four factors should be considered when determining whether the use
made of a work is fair use:
Some examples of possible copyright infringement:
The Millsaps-Wilson Library will observe copyright law in its
interlibrary loan, photocopy, and reserves services. The Library
may limit the number of articles which can be requested from one
journal on interlibrary loan. The Library's photocopiers bear
the correct copyright notices. And the Library will place a copy
of an article on regular or electronic reserves no more than once
without written permission from the copyright owner.
Agreement on Guidelines for Classroom Copying in Not-For-Profit
Educational Institutions
With Respect to Books and Periodicals
Ad Hoc Committee of Educational Institutions and Organizations on
Copyright Law Revision, Authors League of America, and the Association
of American Publishers 1976.
(Excerpted from Reproduction of Copyrighted Works by Educators and
Librarians, Circular 21, U. S. Copyright Office, 1998).
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.
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
1000 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 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
excerpt 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 thereof,
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 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,
publishers' 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 Copyright Law Revision: By Sheldon Elliott
Steinbach.
Author-Publisher Group: Authors League of America: By Irwin Karp,
Counsel. Association of American Publishers, Inc.: By Alexander C.
Hoffman, Chairman, Copyright Committee.
United States Copyright Office, Library of Congress
MIT Libraries, Copyright Policies and Procedures
Association of Research Libraries, Copyright and Intellectual Property
Copyright Clearance Center Online
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