Library & Hub Policies

Copyright & Fair Use

This document covers procedures directly related to library materials. The MiraCosta College Board Procedure for Copyright and Fair Use(Administrative Procedure No. VII.B-05) is currently being rewritten as AP 3750 but has not yet been approved.

The MiraCosta College Libraries hold many periodical titles in paper, microform, and full text online. As an alternative to providing the photocopied articles on reserve, the faculty member may provide the student with citations only, leaving the decision to copy to the student.

A. Articles from magazines, journals, and newspapers (periodicals)

  • All single or multiple photocopies of periodical articles shall contain:
    •  Information identifying the material as belonging to the faculty member requesting the reserve.  The library staff will provide labels for this purpose if the material is not already labeled as such.
    •  Full bibliographic information, i.e. article title, author(s) name(s), periodical title, volume number, issue number, and/or date of issue.
    • A notice of copyright.  The library staff will provide the appropriate stamp bearing this notice.
  • The same articles may not be used from term to term without written permission from the copyright holder. The library staff will provide faculty members with the appropriate form to request such permission and will retain copies of all permission forms once received.
     
  • If permission has not been granted to use the material in the subsequent semester, it will be removed from reserve and returned to the faculty member at the end of the then-current semester. The material cannot be placed on reserve again until permission is granted and received in writing.

B. Photocopies from sources other than periodicals

  • Unauthorized copies may not be used to create, replace, or substitute for anthologies, compilations, or collective works, whether or not such unauthorized copies are collected and bound together or are provided separately. The library staff will provide faculty members with the appropriate form to request permission from the copyright holder and will retain copies of all permission forms once received.
    • Multiple copies (not to exceed six) will be accepted for reserve without written permission of the copyright holder if they meet the following criteria: 
       
      • When an individual teacher is "inspired" to use a work, and the inspiration and decision to use it 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.
      • If the following limitations with regard to the amount of copying of a work are applied:
      • If a complete article, story or essay is copied, and the work copied is less than approximately 2,500 words;or
      • If a prose work is excerpted and copied, and the excerpt is no longer than approximately 1,000 words or 10% of the work, whichever is shorter;or
      • If a chart, graph, diagram, cartoon, or picture is copied, and not more than one such illustration is copied per book or per periodical issue;or
      • If a short poem is copied, and the poem is less than 250 words and printed on not more than two pages; or if an excerpt from a longer poem is copied, and the excerpt is not longer than 250 words.
    • The copying is for only one course (though there may be multiple sections or more than one faculty member).
    • Not more than one short poem, article, story, or essay, or two excerpts are copied from works by the same author. In addition, no more than three works or excerpts may be copied from the same collective work or periodical volume during one class term and no more than nine instances of such multiple copying may occur for one course during one class term. (These guideline limitations do not apply to current news periodicals, newspapers, and current news sections of other periodicals.)
    • The original copyright notice must appear on all copies of the work. 
  • The same material may not be used from term to term without written permission from the copyright holder. The library staff will provide faculty members with the appropriate form to request such permission and will retain copies of all permission forms once received.

Recordings

A. Audio recordings (records, disks, and tapes)

  • The library will accept for reserve only those single recordings which meet the criteria set forth in Administrative Procedure No. VII.B-05.
  • Multiple copies of recordings will be accepted only with written permission from the copyright holder.
  • All recordings must be presented in their original formats and labeled to indicate source.

B. Videotapes

  • The library will accept for reserve commercially produced videotapes which are owned by MiraCosta College or by the individual faculty member.
  • The library will accept for reserve only those off-the-air videotapes which meet the criteria set forth in Administrative Procedure No. VII.B-05.  All off-the-air videotapes must be fully labeled and contain the name of the program and the date of the off-air taping.  The library staff will remove from reserve all off-the-air videotapes ten consecutive instructional days after the date of airing.

Sources Consulted:

  • Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. Chicago: ALA, 1995.
  • California Department of Education. Suggested Copyright Policy & Guidelines for California's School Districts. Sacramento, CA: 1991.
  • National Association of College Stores, Inc., and the Association of American Publishers. Questions & Answers for the Campus Community . 1991.
  • Talab, R. S. Commonsense Copyright: A Guide for Educators and Librarians. Jefferson, NC: McFarland, 1999. 

Related Copyright Sites


Web Links

This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use.

 
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