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Digital Media Services

The Studio Duplication Policy, Last updated: June 28, 2002

Scope and Limitations of the Studio Duplication Services

In support of the teaching, research, administrative, and service missions of the College of Humanities, the Studio (142 Hagerty Hall) offers duplication services for a wide range of media, including audio tapes and CDs, videotape in various formats, CD-ROM and DVD, and printed images and text (which can be digitized). Copies can be made in the same medium and format as the original, and, in many cases, copies can be converted from one medium or format to another. However, as Steven J. McDonald, OSU Associate Legal Counsel, writes in "Virtual Legality: An Overview of Your Rights and Responsibilities in Cyberspace," "legitimate use of university computing resources does not extend to whatever is technically possible."1 The same principle applies to the duplication services offered in the Studio.

In general, the Copyright Law of the United States of America (hereafter, "the Copyright Law") grants copyright holders the exclusive right to reproduce copyrighted works. However, the Copyright Law also provides for several exceptions to the exclusive rights of copyright holders "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research (107)"2 HIS is committed to supporting appropriate uses of copyrighted works for academic purposes, as outlined below.

This policy does not constitute a guarantee of service for any specific duplication request (service is contingent upon available equipment, expertise, and time). Rather, the policy outlines how duplication services will be conducted in order to protect the rights of copyright holders while supporting the legal uses of copyrighted works for educational purposes.

Policies

  1. Studio staff may duplicate works, in whole or in part, that are in the public domain.

    It can sometimes be difficult to determine whether a work is in the public domain. As McDonald advises, "Generally speaking, a work found on the Internet, like a work found anywhere else, is in the public domain only if (a) its creator has expressly disclaimed any copyright interest in the work, or (b) it was created by the federal government, or (c) it is very old. . . . As a rule of thumb . . . works that were created and published before 1923 are now in the public domain. Works that were created in or after 1923, works that were created before 1923 but published in or after 1923, and works that have never been published might be in the public domain, but, if you don't know for sure, it's best to assume that they are not." If Studio staff have any doubt that a work is in the public domain, according to the description above, and the duplication request is not permissible under sections b through d below, staff may not copy the work.

  2. Studio staff may duplicate copyrighted works, in whole or in part, for which you are the copyright holder or for which you have obtained written permission to duplicate from the copyright holder.

    If you are not the copyright holder, please provide the Studio staff with written permission from the copyright holder to duplicate the work, unless your copying request is allowable under sections c and d below.

  3. Studio staff may duplicate selections from copyrighted works for research and instructional use if such duplication constitutes "fair use ."

    Fair use, described in ยง1077 of the Copyright Law, presents a number of interpretive challenges.3 McDonald describes fair use as follows:

    In very general terms, a particular use of a work is "fair" if it involves only a relatively small portion of the work, is for educational or other noncommercial purposes, and is unlikely to interfere with the copyright owner's ability to market the original work. A classic example is quoting a few sentences or paragraphs of a book in a class paper. Other uses may also be fair, but it is almost never fair to use an entire work, and it is not enough that you aren't charging anyone for your particular use. It also is not enough simply to cite your source (though it may be plagiarism if you don't)."

    In regard to the duplication services offered in the Studio, the most problematic provision in the law governing fair use stipulates that "the amount and substantiality of the portion used in relation to the copyrighted work as a whole" must be considered in a legal determination of fair use.

    More helpful, if not as authoritative as the actual text of the Copyright Law, is the U.S. Copyright Office publication entitled "Reproduction of Copyrighted Works by Educators and Librarians," which reproduces guidelines contained in a House of Representative report on the Copyright Law (H.R. Rep. No. 94-1476, pages 65-74). Regarding both text and music, the House report recommends10 percent as a rule of thumb for determining how much of a copyrighted work may be reproduced for multiple copies for classroom use under the fair use provision of the Copyright Law. (Further guidelines for making multiple copies of printed materials for classroom use can be viewed online at http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm).

  4. Subject to certain restrictions (see below), staff may duplicate entire works for research purposes or for performance or display in the course of face-to-face teaching activities.

    Section 110(1) of the Copyright Act specifically allows teachers to perform or display (but not copy or distribute) any work in the course of face-to-face teaching activities in a classroom, and it's generally believed to be fair use to make a copy necessary for the purpose of making that performance or display. Here's the actual language of that section:

    Notwithstanding the provisions of section 106, the following are not infringements of copyright:

    1. performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made.

    In sum, scanning an image from a book into a Powerpoint presentation you will present in class is probably fair use (because you need to incorporate the printed image into a digital presentation); duplicating an entire library videotape to show in class is probably not (though you can show the library copy).

    A House report on "Reproduction of Copyrighted Works by Educators and Librarians" outlines similar guidelines for single copies of certain works made by or for a faculty member or graduate student for "scholarly research or use in teaching or preparation to teach a class." Specifically, the report advises that a single copy may be made of any of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay or short poem, whether or not from a collective work; a chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper (H.R. Rep. No. 94-1476, page 8-see note 3).

  5. For materials acquired by license, Studio staff must observe any license restrictions regarding duplication.
  6. Additional supported services

    Other duplication services may not constitute an infringement of copyright, but Studio staff may not make exceptions to this policy. All requests for exceptions must be directed to the Assistant Dean for Research and Instructional Technology, who will work with the person requesting the service and, if necessary, the Office of Legal Affairs to determine whether the duplication service is appropriate.

Frequently Asked Questions

Q. Can supervising teachers make a single back-up copy of an entire copyrighted work (e.g., a videotape) to lend to teaching assistants in a multiple-section course, primarily for the purpose of protecting the original?

While it may be fair use to make a copy of an entire work for personal scholarly use, and while libraries have certain rights to make copies for archival purposes, making copies for the purpose of lending them to grad students is not likely to fall within either of those exceptions.

Q. Can teachers make a single copy of an entire copyrighted work in order to convert the work into a format better suited to their classroom use? (Example: copying an audiotape to CD for more flexible cueing in class.)

We have been advised that such copying would be permissible as long as you begin with a legal copy of the material and the purpose of making the copy is to permit the exercise of rights under section 110 of the Copyright Act, which exempts certain performances and displays of copyrighted material for educational purposes. But those rights are limited to face-to-face teaching activities in a classroom and do not authorize the distribution of copies to the students.

Q. Can HIS or an individual teacher make and retain a single copy of an entire work in order to provide that work in a different format for users with disabilities?

Yes, subject to some restrictions. The Copyright Act has a specific provision governing this issue, which can be found at: http://www.copyright.gov/title17/92chap1.html#121.

Q. Once HIS prepares a copy for a teacher, are we obliged to remove it from our storage devices after a certain period of time if the teacher has not secured permission to continue using the work in subsequent classes? This answer to this issue is somewhat unclear, but we suggest requesting permission for materials that you plan to use on a regular basis. For some pertinent guidelines that were negotiated but never formally adopted, see: http://www.utsystem.edu/ogc/intellectualproperty/distguid.htm. Those guidelines aren't "official," but they're a pretty good starting point for thinking about the issue.

Q. What special copyright considerations apply to foreign media?

Under the Berne Convention, the U.S. will respect and enforce foreign copyrights to the same extent that we would protect the copyrights of our own citizens. In short, if we follow U.S. law concepts when using foreign materials, you'll almost always be fine. Further information on that issue is available at: http://www.loc.gov/copyright/circs/circ38a.pdf.[PDF]

Works Cited and Additional Resources

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code. http://www.loc.gov/copyright/title17/.

University of Texas. Crash Course in Copyright.
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top.

United States Copyright Office. Reproduction of Copyrighted Works by Educators and Librarians. Publication #21. http://www.loc.gov/copyright/circs/circ21.pdf [PDF].

Notes:
1All quotations from this text are taken from the version available on the Web site of OSU's Chief Information Officer at http://www.cio.ohio-state.edu/policies/legality.html.
2All quotations from Chapter 1 of the Copyright Law are taken from the online version at http://www.loc.gov/copyright/title17/92chap1.html. Quotations are identified by section.
3For a helpful discussion of fair use relevant to academic settings, see section C, "Fair Use," in United States Copyright Office publication #21, "Reproduction of Copyrighted Works by Educators and Librarians" (available online at http://www.loc.gov/copyright/circs/circ21.pdf).

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