COURSEPACKS AND COPYRIGHTS

Faculty members are expected to follow the copyright laws in their teaching practice. Unless the "fair use" provision applies, as described below, faculty members are not permitted to distribute copyrighted materials for which copyright clearances have not been obtained, and faculty members should not require or suggest that students buy such materials. Faculty members may make limited use of portions of a copyrighted work (without the copyright owner’s permission) under the "fair use" provision of the copyright law (see below). The University Shop assists faculty members in the preparation of "coursepacks" or customized textbooks. The University Shop will obtain the appropriate copyright clearances from the copyright owners, arrange to have the coursepacks printed through Graphic Services, and include the costs of this process in the eventual sale price of the coursepack.

Faculty members may, if they choose, make up their own coursepacks and secure the copyright permissions themselves. These coursepacks should also be printed by Graphic Services and sold through the University Shop. Faculty members will be required to show appropriate evidence that copyright clearances have been obtained.

Coursepacks and other locally produced course materials should, with limited exceptions, be sold in the University shop. faculty members are not permitted to sell course materials directly to students, either in class or out of class. The department chair may, if he or she wishes, authorize the sale of course materials in the department office. See also: Sale of Teaching Materials Written by Faculty Members.

Fair Use is defined as follows in: Section 107 of Title 17, United States Code regarding Copyright Law:

107. Limitations on exclusive rights: Fair use.

Notwithstanding the provisions of section 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phono records 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 the 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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all of the above factors.

Faculty members should also consult Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, which may be found at: http://www.copyright.gov/circs/circ21.pdf. Circular 21 provides minimum safe harbor guidelines for copying that safely falls within "fair use." Copying that goes beyond these guidelines may still constitute a fair use under U.S. Copyright laws.

To insure compliance with this code, the University's Department of Graphic Services requires that all requests for multiple copies sent to Graphic Services have a certification signed by the requester, certifying that appropriate laws have been complied with. Rubber stamps are invalid. Failure to comply will result in the return of the job for compliance. It should be noted that circumventing this requirement by use of an office copier in no way avoids compliance with copyright laws. Certification forms are available from the Copy Center. Questions concerning the application of the copyright laws in specific situations should be addressed to the Office of the Vice President and General Counsel. Further information can be found on General Counsel's website at http://www3.villanova.edu/ogc/teachact.html

-- Main.nova - 14 Nov 2007