Concordia College, Moorhead, Minn. - What About Copyright?

Carl B. Ylvisaker Library

What About Copyright?

Library staff will determine the copyright status of all materials submitted for reserve. The Library also will seek the necessary permission from and pay the fees to the Copyright Clearance Center (if required).

The Carl B. Ylvisaker Library at Concordia College encourages the appropriate use (i.e., reproduction, distribution, performance, and display) of copyrighted works and materials for teaching, scholarship, and research purposes consistent with federal copyright law and the standards for fair use. Library materials are made available in accordance with Section 107 of Title 17, U.S. Code.

FAQs

Here are answers to some frequently asked questions about copyright. Library staff members are not lawyers and cannot offer legal advice, but follow the general guidelines laid out in the responses to the questions.

How much of a book can I place on electronic reserve or reproduce for class?

Library staff rely on the Fair Use Exemption (Title 17, U.S. Code, §107) to determine how much of a work can be placed on reserve. This means that the portion used must meet certain standards of purpose, nature, quantity, and market effect. There is no prescribed “safe amount” and Fair Use is often ambiguous. If library staff determines that a situation does not constitute Fair Use, they will seek permission from the copyright holder.

For additional information on Fair Use please refer to http://www.copyright.gov/fls/fl102.html

Can I legally convert my old VHS tapes to DVD for use in the classroom setting?

Converting the VHS tapes to DVD would constitute creation of a derivative work, which could infringe the copyright holder's exclusive right to make derivative works unless Fair Use or another exemption applies. Each VHS tape will need to be evaluated individually to determine if conversion is permissible. If a DVD of the material is available for purchase, it is best to purchase the item. If a DVD of the material is not available for purchase, it is best to seek copyright permission for each item. If only a portion of the material is needed in the classroom, making a DVD of ONLY the necessary portion favors Fair Use.

If a book is out of print, can I photocopy or digitize it for my students?

If the book is still protected by copyright, you must rely on Fair Use or some other exemption to make the material available. However, it is likely you are within your rights to reproduce portions of the work if you or the library owns a legally obtained copy of the material.

Can music recordings be digitized and placed on electronic reserve?

Yes, provided the music is integral to the instruction of a music course. The Music Library Association has clearly delineated the reasons why digitizing musical recordings constitutes Fair Use. For the complete Music Library Association Statement, please refer to http://copyright.musiclibraryassoc.org/Resources/DigitalReserves.

Can I photocopy or digitize pages from a workbook so my students don’t have to purchase it?

No. Workbooks and standardized tests are considered consumable works and generally require permission from the copyright holder before reproducing, unless the work explicitly grants reproduction permission with purchase.

Can I repeatedly use the same reserve materials?

The Carl B. Ylvisaker Library’s staff uses the following guidelines in these matters.

If the library owns the material, a professor can request the item be put on reserve multiple times.
If the library does not own the material it can be placed on reserve once. Additional requests will result in the library purchasing the material or seeking permission from the copyright holder.

If permission is needed from the copyright holder, who pays the fees associated with the request?

The Carl B. Ylvisaker Library’s staff consults the Copyright Clearance Center to obtain permission for reserve items whenever possible. Sometimes the copyright holder requires direct contact. The library’s staff maintains the right to refuse to place on reserve materials which require excessive or exorbitant copyright permission fees. The library currently absorbs the costs of modest and reasonable copyright fees for reserve items.