Copyright Links

National Copyright Compliance

General Education and Library Copyright

Music Education and Audiovisual Copyright

Other Copyright Resources

Faculty Handbook References

 A. 2.4.12 Intellectual Property Rights covers copyrightable material and ownership.
B. Use of Copyrighted Material (says faculty will be provided up-to-date c. info each year and are responsible to observe c. laws, + refers all to the pamphlet above in II) (Ed. Comment—we eventually need to get that pamphlet reference out of there and refer to whatever web site location we finally create, which may include the contents of the publication in online form)
C. Software Use discusses software, copyright and IT—& refers to Appendix H.
D. Appendix H Software Use Guidelines includes EDUCOM statement on software and
intellectual rights.

Student Handbook References
A. Plagiarism (Academic Conduct)
B. Tendering (Academic Conduct)
C. Collusion (Academic Conduct)
D. Intellectual Property (Computing Policy)

Copyright and Fair Use Guide

The Wartburg College community must comply with the United States copyright law (Title 17, United States Code). The copyright law applies to all forms of copying, regardless of location or technology. If copy requests do not fall within fair use guidelines, then you must first obtain the appropriate permissions before making copies. You are liable for possible infringement when making copies that violate copyright law. Click here for information about submitting work for copyright protection. Departments should post appropriate copyright notices (PDF) on or near equipment used to make copies.

Contents of the site are administered by the Instructional Resources Committee. Please contact the Vogel Library for more information about copyright.
Fair Use Doctrine

The "fair use" section of the U.S. Code states that a person can reproduce copyrighted materials, within certain conditions, without first obtaining the copyright owner's permission. This usually includes making a single copy for personal research use. However, "fair use" is not precisely defined in numbers of pages or copies.

Refer to the Act below to determine whether something falls under "fair use."

17 U.S.C. SS107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

Obtaining Permission

Faculty and students may need to request permission from a copyright owner in order to make copies for classroom, publishing or other uses.

To obtain permission for photocopies:

The Copyright Clearance Center has the right to grant permission and collect fees for photocopying rights for certain publications. This Web site includes very descriptive information about the process of obtaining permission and pay-per-use features. You can also write directly to the publisher for permission. For smoother processing, allow plenty of lead time.

Information to include with permission requests:

  • Title, author and/or editor, and edition of materials to be duplicated
  • Exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material
  • Number of copies to be made
  • Use to be made of duplicated materials
  • Form of distribution (classroom, newsletter, etc.)
  • Whether or not the material is to be sold
Photocopies for Class

Works may be reproduced in the public domain without restriction. Works created before 1923 or published without a copyright notice from 1923 - 1977 are in the public domain.

Classroom Photocopy Policies:

- Do not distribute the same photocopied material from semester to semester without obtaining permission.
- Do not make copies to create, replace, or substitute for anthologies, compilations, or collective works without obtaining permission.
- Do not charge students for more than the actual cost of the photocopies.
- Distribute only one copy per student.
- Include a copyright notice on the first page.
- Only replace purchased copies of sheet music for an imminent performance, provided purchased replacement copies shall be substituted in due course.
- Follow the guidelines for brevity - copies should not constitute a substantial portion of the total work.
- Follow the guidelines for cumulative effect - copies should not have a detrimental effect on the market.
- Follow the guidelines for spontaneity - lack adequate time between the decision to use a work and the time needed to gain permission for its scheduled use. Re-using material cannot be considered spontaneous.