Library: Copyright Policy

US copyright law contains many gray areas, and the goal of this policy is to provide PNWU administrators, faculty, librarians, students, employees, and other affiliated persons with a standard approach for addressing complex copyright issues.
Responsible Unit:  Library
Created:  02/2010 Executive Lead:  Provost
Revised:  02/2014 Effective:  02/2010
Compliance:  NWCCU 2.A.29, NWCCU 2.E.3
Classification:  Institution-wide
Approving Body:  President's Advisory Council

The purpose of the Pacific Northwest University of Health Sciences (PNWU) Copyright Compliance Policy is to provide a summary of US copyright law as it relates to the use of copyright-protected works in the classroom and library at PNWU and to provide guidelines for the lawful use of such works.

US copyright law contains many gray areas, and the goal of this policy is to provide PNWU administrators, faculty, librarians, students, employees, and other affiliated persons with a standard approach for addressing complex copyright issues. This policy covers classroom issues such as photocopying, online and distance education, and coursepacks. It also covers library uses such as print and electronic reserves, interlibrary loan (ILL), and document delivery. Other PNWU copyright and intellectual property policies may complement this policy and are listed under Related Documents.

This policy provides practical advice and procedures on copyright-related matters; however, it is not a substitute for legal advice, and proper legal advice should be obtained when necessary. Although this policy discusses legal issues it is not and should not be interpreted as a statement that certain types of conduct are, in fact, legal violations. It is, instead, intended to assist users of potentially copyrighted material in making choices that will help them remain in compliance with the law. The library director may be able to assist you with any questions you may have. The library director may be reached at (509) 249-7744 or at acleary@pnwu.edu.

Policy:    
It is the policy of Pacific Northwest University of Health Sciences that all employees and students comply with US copyright law as it relates to the use of copyright-protected works in the classroom and library at PNWU.

Definitions:            
COPYRIGHT
Copyright is an area of law that provides creators and distributors of creative works with an incentive to share their works by granting them the right to be compensated when others use those works in certain ways. Specific rights are granted to the creators of creative works in the US Copyright Act (title 17, US Code). If you are not a copyright holder for a particular work, as provided by the law, you must ordinarily obtain copyright permission prior to reusing or reproducing that work. However, there are some specific exceptions in the Copyright Act for certain academic uses, and permission is never required for certain other actions, such as reading or borrowing original literary works or photographs from a library collection.

WHAT IS PROTECTED BY COPYRIGHT?
The rights granted by the Copyright Act are intended to benefit “authors” of “original works of authorship,” including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural and audiovisual creations. This means that virtually any creative work that you may come across—including books, magazines, journals, newsletters, maps, charts, photographs, graphic materials, and other printed materials; unpublished materials, such as analysts’ and consultants’ reports; and nonprint materials, including electronic content, computer programs and other software, sound recordings, motion pictures, video files, sculptures, and other artistic works—is almost certainly protected by copyright. Among the exclusive rights granted to those “authors” are the rights to reproduce, distribute, publicly perform, and publicly display their works.

These rights provide copyright holders control over the use of their creations and an ability to benefit, monetarily and otherwise, from the use of their works. Copyright also protects the right to “make a derivative work,” such as a movie from a book; the right to include a work in a collective work, such as publishing an article in a book or journal; and the rights of attribution and integrity for “authors” of certain works of visual art. Copyright law does not protect ideas, data, or facts.

In the US, the general rule of copyright duration for a work created on or after January 1, 1978 is the author’s life plus 70 years after the author’s death. This is often referred to as “life-plus-70.” Works created by companies or other types of organizations generally have a copyright term of 95 years, but some are protected for 120 years. For more information on copyright duration, visit copyright.gov/help/faq/faq-duration.html.

FAIR USE
A provision for fair use is found in the Copyright Act at Section 107. Under the fair use provision, a reproduction of someone else’s copyright-protected work is likely to be considered fair if it is used for one of the following purposes: criticism, comment, news reporting, teaching, scholarship and research. If the reproduction is for one of these purposes, a determination as to whether the reproduction is fair use is made based upon four factors:

  1. The purpose and character of use (principally, whether for commercial or nonprofit educational use);
  2. The nature of the copyright-protected work;
  3. The amount and substantiality of the portion used; and
  4. The effect of the use being evaluated upon the potential market for or value of the copyright-protected work.


Fair use is an ambiguous concept and the law does not state exactly what uses of a copyrighted work will be considered fair uses under the law and may therefore be used without obtaining permission. As such, answers as to how much reproduction may be considered fair use often remain unclear and it is prudent to be cautious and obtain permission when in doubt. The bottom line is that fair use requires a very circumstance-specific analysis as to whether a particular use or reuse of a work may indeed be considered fair use. 

The following situations are generally regarded as fair use:

  • Quotation of short passages in a scholarly or technical work for illustration or clarification of the author’s observations.
  • Reproduction of material for classroom use where the reproduction is unexpected and spontaneous – for example, where an article in the morning’s paper is directly relevant to that day’s class topic. This would generally cover one time use in only one semester.
  • Use in a parody of short portions of the work itself.
  • A summary of an address or article, which may include quotations of short passages of the copyright-protected work.


If your use does not meet the above criteria and the work is protected by copyright, the use might not be considered fair use and you should obtain permission to use the work from the copyright holder or its agent. Other uses of copyright-protected works may also be considered fair use. To help you decide whether your use falls under fair use, consult this Fair Use Check List from the Columbia University Libraries or confer with PNWU's copyright agent and Library Director.

Procedure:             
VERIFY COVERAGE
PNWU has an Annual Copyright License with the Copyright Clearance Center (CCC). With the CCC Annual Copyright License (Academic), it is easy for you to verify whether the content you wish to share and the type of use is already covered by the license. Refer to Verifying Coverage under Your Annual Copyright License for instructions, or go directly to the Annual Copyright License Search Page to verify coverage.

HOW TO OBTAIN COPYRIGHT PERMISSION
For content or uses that are not or may not be covered by our CCC license or the fair use doctrine, PNWU faculty, students, and staff should obtain permission directly from the copyright holders. Permission to use copyright-protected materials, when required, should be obtained prior to using those materials. It is best to obtain permission in writing (including e-mail) and to ensure that the PNWU Copyright Agent has a copy of each permission form or letter. Contact the copyright agent and Library Director for assistance and guidance in obtaining permission for uses not covered by the annual CCC license. 

The time to obtain permission may vary and, where possible, it is recommended to start the permissions procedure at least six months prior to the time that you wish to use the materials. If you need a quicker permission, let the copyright owner know this and he/she may be able to get back to you more quickly. Often, Copyright Clearance Center is the quickest one-stop resource for obtaining copyright permission.

Fact Finding Questions
Once you have identified the materials you want to use and determined that copyright permission is required, you must locate the copyright holder. If the copyright holder is not listed on the work, locating the appropriate person or entity to grant permission may take some investigative and creative work.

The Copyright Office of the Library of Congress (copyright.gov) may be of assistance in locating a copyright owner if the work is registered. Note, however, that copyright is automatically granted to all works upon their being written down and that registration with the Copyright Office is not required, and that no Copyright notice is required to be displayed on a copyrighted work.

There are two primary options for obtaining permission to use the work. You may contact the copyright holder directly or you may contact Copyright Clearance Center. PNWU already has an established process for obtaining copyright permission through Copyright Clearance Center. Go to the Annual Copyright License Search Page at the Copyright Clearance Center to request permission.

Information in your Permission Request
The copyright holder or its agent will require the following information in order to provide you with permission:

  • Title of the material
  • Creator/author of the material
  • Publisher of the material
  • Description of material
  • ISBN or ISSN, if applicable
  • Date of publication, if applicable
  • Purpose for which you wish to reproduce the item (research, commercial, educational, etc.)
  • How the material is to be reproduced (e.g., photocopied, digitized)
  • Where the reproduced material will be used or will appear and for how long


TYPES OF USE
Classroom Handouts
Based on PNWU’s fair use analysis, classroom handouts fall into two categories; one that requires permission and one that does not (i.e., fair use). If the handout is a new work for which you could not reasonably be expected to obtain permission in a timely manner and the decision to use the work was spontaneous, you may use that work without obtaining permission. However, if the handout is planned in advance, repeated from semester to semester, or involves works that have existed long enough that one could reasonably be expected to obtain copyright permission in advance, you must obtain copyright permission to use the work.

Coursepacks
Users should plan to obtain copyright permission to use any articles, chapters, and other individual works in any print or electronic coursepack. Copyright permission for coursepacks is usually granted by the academic period. To reuse a coursepack in subsequent academic periods (e.g., semester, quarter, trimester, etc.), you will probably need to obtain permission again. Many copyright holders provide time-sensitive permission because their own rights may be time sensitive and could be transferred to different copyright holders at any time.

The course instructor is responsible for obtaining permission to use copyrighted works in a coursepack. If copyright permission is required, the course instructor should seek it promptly so as to avoid liability for infringement.

Reserves
If the PNWU library owns a copy of a publication, the library may place that copy on reserve without obtaining copyright permission. If the library wishes to reproduce additional copies of a work and place them on reserve for students to review, in either paper or electronic format, the library must obtain copyright permission.

Photocopying in the Library
It is permissible to photocopy copyright-protected works in the PNWU library without obtaining permission from the copyright owner, under the following circumstances:

  • Library user requests for articles and short excerpts. At the request of a library user or another library on behalf of a library user, the PNWU library may make one reproduction of an article from a periodical or a small part of any other work. The reproduction must become the property of the library user, and the library must have no reason to believe that the reproduction will be used for purposes other than private study, scholarship, and research. As recommended by Section 108 of the Copyright Act, the library must display the register’s notice at the place library users make their reproduction requests to the library.
  • Archival reproductions of unpublished works. Up to three reproductions of any unpublished work may be made for preservation or security or for deposit for research use in another library or archive. A reproduction may be a photocopy or digital reproduction. If it is a digital reproduction, the reproduction may not be made available to the public outside the library or archive premises. Prior to receiving any of the three reproductions permitted under this provision from another library or archive, the PNWU library or archive must make a reasonable effort to purchase a new replacement at a fair price. The reproducing library or archive must also own the work in its collection.
  • Replacement of lost, damaged, or obsolete copies. The PNWU library may make up to three reproductions, including digital reproductions, of a published work that is lost, stolen, damaged, deteriorating, or stored in an obsolete format. Any digital reproductions must be kept within the confines of the library (that is, available on its computer but not placed on a public network).
  • Library user requests for entire works. One reproduction of an entire book or periodical may be made by your library at a library user’s request, or by another library on behalf of a library user upon certain conditions being met. These conditions include the library determining after reasonable investigation that an authorized reproduction cannot be obtained at a reasonable price. Once made, the reproduction must become the property of the library user. The library must have no reason to believe that the reproduction will be used for purposes other than private study, scholarship and research, and the library must display the register’s notice at the place library users make their reproduction requests to the library.


Photocopying for Students
PNWU library may make reproductions for library users (students, faculty, etc.), provided the following criteria are met:

  • The library makes one reproduction of an article from a periodical or a small part of any other work.
  • The reproduction becomes the property of the library user.
  • The library has no reason to believe that the reproduction will be used for purposes other than private study, scholarship, and research.
  • The library displays the register’s notice at the place library users make their reproduction requests to the library.


Photocopying by Students
Photocopying by students is subject to a fair use analysis as well. A single photocopy of a portion of a copyright-protected work, such as a copy of an article from a scientific journal made for research, may be made without permission. Photocopying all the assignments from a book recommended for purchase by the instructor, making multiple copies of articles or book chapters for distribution to classmates, or copying material from consumable workbooks may not be considered fair uses and may require permission.

Document Delivery Services
It is important to maintain a distinction between ILL and Document Delivery Services (DDS). Photocopying for DDS requires copyright permission.

Interlibrary Loan (ILL)
The PNWU library may participate in interlibrary loans without obtaining permission provided that the “aggregate quantities” of articles or items received by the patron do not substitute for a periodical subscription or purchase of a work. PNWU refers to the CONTU (National Commission on New Technological Uses of Copyrighted Works) guidelines for guidance in defining “aggregate quantities.” The CONTU guidelines state that requesting and receiving in any calendar year more than five articles from a single periodical published within five years prior to the date of request would exceed the permissible interlibrary loan usage. 

If the articles or items being copied have been obtained through a digital license, you must check the license to see under what terms and conditions, if any, interlibrary loan is permitted.

Distance Education and Course Management Systems
In 2002, the Technology, Education and Copyright Harmonization (TEACH) Act became law and expanded the latitude universities, including PNWU, have for the performance and display of copyright-protected materials in a distance education environment, including through the use of Course Management Systems (CMS).

The copyright requirements for TEACH and CMS postings are similar to those of classroom handouts, but extend the traditional rules for those handouts to the digital transmission of materials to distance education students. If the use is spontaneous and will not be repeated, copyright permission is not required; however, the content may not remain posted for extended periods of time. If the use is planned, repeated, or involves works that have existed long enough that one could reasonably expect to receive a response to a request for copyright permission, the user must obtain copyright permission.

Copyright and Foreign Works
The US is a member of the leading international copyright treaty, the Berne Convention. As such, when PNWU uses a copyright-protected work from another country, the protections provided to works by US copyright law automatically apply to the use of that work as well (assuming the use takes place in the US). The Copyright Clearance Center has many reciprocal licenses to allow use of materials from other countries.

The following is intended to be a general informative discussion of frequently asked questions based upon current authorities. Because the law can change and because cases are dependent on individual facts, it should be considered generally informative but may not be updated with the most current legal developments.

FREQUENTLY ASKED QUESTIONS
1. How many figures/tables/images may I use from a single textbook in my PowerPoint presentations?
Answer: If the textbook is one that you have written or co-authored, then subject to the terms of your publishing contract, you can use as many figures, tables, or images as you desire.

If you have not written or co-authored the textbook but the textbook is one that you have required all students in your class to purchase, and they have all done so, then there is no limit to the number of figures, tables, or images you can use in a PowerPoint presentation to that specific class. But, your usage of that PowerPoint is solely restricted to audiences in which every participant has purchased that textbook. Remember that the students in each new class must each purchase the quoted textbooks if you plan to use the PowerPoint again.

If the textbook is one that you have not required all members of your audience to purchase, or if you have required your students to purchase the textbook but it is reasonable for you to believe that they have not actually done so, then your use might not be considered fair use, and you must get permission for the use of any of the figures, tables, or images from that textbook. A PowerPoint prepared in advance of a class would generally be considered to be a presentation included in a Coursepack, even if only used for one class. (Please refer to PNWU’s general policy regarding Coursepacks on page 4.)

The easiest way to get permission to use excerpts from a particular text is to start with the Copyright Clearance Center (CCC). Please refer to Verifying Coverage under Your Annual Copyright License for instructions on how to use the CCC system. If the material is not covered by PNWU’s annual license, you should seek guidance and assistance from PNWU’s copyright agent and Library Director, Anita Cleary, in obtaining permission. You may also contact the copyright holder directly. (Please refer to “How to Obtain Copyright Permission” on page 3.)

2. How many figures/tables/images may I use from multiple issues of the same journal? May I use one or two figures from different articles in each issue of a journal? 
Answer: If the article in the journal is one that you have written or co-authored, then subject to the terms of your publication agreement, you can use as many figures, tables, or images as you desire.
               
If you have not written or coauthored the articles, but all the issues of the journals that you have cited in your PowerPoint or handouts are journals that you have required all students in your class to purchase, and they have all done so, then there is no limit to the number of figures, tables, or images from those journals that you can use in a PowerPoint presentation to that specific class. But, your usage of that PowerPoint is solely restricted to audiences in which every participant has purchased the quoted journals. Remember that each member of the new class must also purchase all the quoted journals.

If you have not required all members of your audience to purchase the quoted journals or articles, or if you have required your students to purchase the journals or articles but it is reasonable for you to believe that they have not actually done so, then the general rule is that you must get permission for the use of any of the figures, tables, or images from those journals or articles. A PowerPoint prepared in advance of a class would generally be considered to be a presentation included in a Coursepack, especially if used on a repeated basis. (Please refer to PNWU’s general policy regarding Coursepacks on page 4.)

If the journal article contains what amounts to the medical equivalent of “breaking news,” and if your use of a limited portion of the article is spontaneous, then you can use the limited quote without permission as a “fair use” on a one-time basis. (Please refer to PNWU’s general policy regarding Fair Use and Classroom Handouts.) For subsequent uses, then you must get permission. (Please refer to PNWU’s general policy regarding Coursepacks on page 4.)

The easiest way to get permission to use excerpts from a particular article is to start with the Copyright Clearance Center (CCC). Please refer to Verifying Coverage under Your Annual Copyright License for instructions on how to use the CCC system. You may also contact the copyright holder directly. (Please refer to “How to Obtain Copyright Permission” on page 3.)

3. If I require a textbook for the class, may I use all of the figures/tables/images from that textbook in my PowerPoint presentations? May I continue to use them after I no longer require the text? 
Answer: If the textbook is one that you have required all students in your class to purchase, and they have all done so, then there is no limit to the number of figures, tables, or images from that textbook that you can use in PowerPoint presentation for to that specific class. But, your usage of that PowerPoint is solely restricted to audiences in which every participant has purchased that textbook. Remember that each new class must also newly purchase the quoted textbooks if you plan to use the PowerPoint again.

If you discontinue use of the text, then you must either get permission for future use of the PowerPoint, or discontinue the use of the quoted material in the PowerPoint.

4. How much may I use from sources for which the copyright has expired? 
Answer: You may use as much as you want. But be cautious, because no copyright notice is required on copyrighted works. Unless you wrote the source material, or have certain knowledge that it is ancient or public material, you must assume that someone else owns a valid copyright in that source material. There are also different terms of copyright protection for different types of authors. For individual authors the term of copyright protection is “life of the author plus 70 years.” For corporate or institutional authors, the term of copyright protection is 95 years from date of first publication, or 120 years from the date of creation, whichever ends sooner. 

5. What are the rules for items freely available on the Internet; for example, what limits should I observe for pictures taken from Google image searches?
Answer: The existence of the Internet does not change or suspend the basic rules of copyright protection and usage of copyrighted materials. You must follow all of the rules for images or text obtained from the Internet, including Google image searches, as if you had obtained those images and text from a printed textbook or journal article. The vast majority of everything that you ever obtain from any Google search is material that is copyrighted by someone, so be cautious. 

6. What are the rules governing the use of digital material? For example, if I buy a CD or DVD of an anatomical demonstration, may I use it in my class? May I load it on our server? 
Answer: Digital material should be treated the same as software or music from a copyright standpoint. If you buy a CD or DVD of an anatomical demonstration, then read the license that accompanies that CD or DVD. If the license authorizes use in a classroom setting, then you are licensed to do so by virtue of your purchase. If no license specifically authorizing classroom use accompanies the CD or DVD, then you should either obtain written permission from the author to use the CD or DVD, or you should require all of your students to buy the CD or DVD.

An analogous situation can be seen in music. The purchase of a music CD or downloaded music does not authorize the purchaser to play that music for an audience. From a practical standpoint, that means the purchaser must obtain a specific written license to use the CD or downloaded music in an exercise class, in a retail store, in a classroom, as music-on-hold in your telephone system, or in any café, restaurant, bar,  tavern, or public space. In the absence of a specific written license authorizing such use, music can only be used for the purchaser's own personal enjoyment. These same principles apply to all CDs, DVDs, or downloaded performances, including anatomical demonstrations. 

As a general rule, never load material from any CDs, DVDs, or any downloaded material onto any PNWU server, unless you have received a written site license to do so from the author and the upload is authorized by the PNWU Technology Department (telephone 509-249-7777). This general rule applies to all computer software and music as well. 

7. If I use an excerpt from a journal article in a PowerPoint presentation, must I cite the source on the slide itself or in the notes section? During class, students view only the slides but can access the notes when viewing the PowerPoint presentation on our Intranet. 
Answer: The location of a citation is a question of each individual presenter’s own style and preference. As a general rule, citations should always be used with material that is not authored by the presenter. But, it is important to remember that citing the source of an excerpt does not replace or change any of the basic rules about whether you can use the excerpt with or without permission of the author. In other words, citing the source of an article is not a defense to a claim of copyright infringement if you have improperly used the source material without permission. 

8. Is it okay to use images in PowerPoint presentations as long as you cite the source? 
Answer: No. See answer to FAQ 7 above. 

REPORTING SUSPECTED INFRINGEMENTS
If you suspect that anyone at PNWU, including a student, is using any copyright-protected material without the permission of the copyright holder, immediately report this to the agent designated to receive copyright notices. PNWU has registered the following agent with the Copyright Office:

Anita K. Cleary, MLIS
Library Director
Pacific Northwest University of Health Sciences
200 University Parkway
Yakima, WA 98901
Phone: (509) 249-7744
Email: acleary@pnwu.edu

Related Documents:
Intellectual Property Policy
Computer, Email, and Other Electronic Use and Monitoring Policy
Peer to Peer File Sharing Policy
Employee Handbook 
Student Catalog