copyright course packet what percentage of book

Can I use copyrighted materials in a course packet?

A coursepack, or course packet, is a collection of readings photocopied and sold to students for assigned or optional reading in a course. There is no such thing as "fair use" for coursepacks. There is only "fair use" for separate items, such as a …

What weighs against fair use of copyrighted material?

The total fees that clearance companies charge for assembling a coursepack are based on the cost of copyright permission for the material copied, plus copying, binding, the clearance service’s processing fee, and, if sold in a campus bookstore, the …

What can be copyrighted?

General scope of copyright The five fundamental rights that the bill gives to copyright owners—the exclusive rights of reproduction, adaptation, publication, performance, and display—are stated generally in section 106. These exclusive rights, which comprise the so-called “bundle of rights” that is a copyright, are cumulative

How long does a copyright last on a book?

Sep 26, 2007 · The case, Basic Books Inc. v. Kinko’s Graphics Corp.,forces institutions to obtain copyright clearance for academic course packets. “Fair use” is defined as any reproduction of copyrighted material for a “limited and ‘transformative’ purpose,” according to the Web site.

How much of a book can you legally copy?

Under those guidelines, a prose work may be reproduced in its entirety if it is less than 2500 words in length. If the work exceeds such length, the reproduced excerpt may not exceed 1000 words, or 10% of the work, whichever is less.

How much of a book is fair use?

Generally speaking, the greater amount of the work is used, the less likely it will be considered fair use. Previously, courts endorsed the 10% rule— if a person uses less than ten percent (10%) of the total work or one (1) chapter of a book if the book has ten (10) chapters or more, then it is a fair use.

How much of a book can be quoted without permission?

What is the amount and substantiality of the material used? The American Psychological Association allows authors to cite 400 words in single- text extracts, or 800 words in a series of text extracts, without permission (American Psychological Association, 2010).

How much of a textbook can a teacher copy?

Question: Is there a limit to the number of chapters I may copy each semester? Answer: Yes, nine times, whether the copying is articles, chapters, charts, poems, or some other short creative work.Dec 6, 2021

What are the four guidelines of copyright?

Factor 1: The Purpose and Character of the Use.Factor 2: The Nature of the Copyrighted Work.Factor 3: The Amount or Substantiality of the Portion Used.Factor 4: The Effect of the Use on the Potential Market for or Value of the Work.Resources.

What are the 4 fair use exceptions to copyright?

Since copyright law favors encouraging scholarship, research, education, and commentary, a judge is more likely to make a determination of fair use if the defendant's use is noncommercial, educational, scientific, or historical.

What is considered fair use of copyrighted material?

Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching.

Do I need to copyright my book before publishing?

Should I copyright my book before I submit it to editors and agents? There is no need to copyright your book (with the U.S. Copyright Office) before submitting it.Mar 27, 2008

What is fair use under copyright law?

Fair use permits a party to use a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Can teachers show copyrighted materials?

Under § 110(1), faculty and students may only perform or display – but not reproduce or distribute – any copyrighted work in the course of face-to-face teaching activities in a classroom, without seeking permission.

How much can you copy without infringing copyright?

According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.

Can a teacher copyright curriculum?

The Fair Use Doctrine and Education That section of the Copyright Act says that there's no copyright infringement if the use of the material is fair, in other words "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."

What is a course pack?

An academic coursepack is a collection of materials used in the classroom, distributed either in digital file format (“eReserves”) or photocopied in book format or as class handouts. Coursepacks are commonly offered for sale in campus bookstores, although professors may arrange to sell them in class. Most publishers grant “clearances” for coursepacks—that is, for a fee, publishers permit for their books or articles to be copied and distributed in educational contexts. Such clearances normally last for one semester or school term. After that, the instructor must seek clearance again. In addition to these paper coursepacks, some teaching institutions have begun to offer students electronic coursepacks.

How to get permission for a course?

Here are some suggestions for preparing your own coursepack: 1 Start with the publisher (not the author) of the item you want to use; direct your request to the publisher’s permissions, licensing, or clearance department. If the publisher doesn’t control the rights you need, they can probably direct you to the rights holder. 2 Obtain permission for works whether or not they are still in print. Even if a work is out of print, you still need permission to use it unless it is in the public domain. 3 Fax or mail your request at least three to nine weeks before your class begins (most publishers will not accept email requests for permission).

What happened to Georgia State University in 2008?

In 2008, academic publishers sued Georg ia State University for maintaining such a system. Surprisingly, the lower court judge did not follow the rules established for assembling paper coursepacks (above) and ruled against the publishers holding that the digital excerpts were a fair use. On appeal, the Eleventh Circuit held ...

How long does a publisher's clearance last?

Such clearances normally last for one semester or school term. After that, the instructor must seek clearance again.

Can you use private clearance for coursepacks?

Fortunately, private clearance services will, for a fee, acquire permission and assemble coursepacks on your behalf. After the coursepacks are created and sold, the clearance service collects royalties and distributes the payments to the rights holders. Educational institutions may require that the instructor use a specific clearance service.

Is copyrighted material fair use?

This was based on the assumption that educational copying qualified as “fair use” under copyright law , which, legally speaking, is a use that is exempt from permissions requirements that normally apply to copyrighted materials .

What are the rights under copyright?

The exclusive rights encompassed by these clauses, though closely related, are independent; they can generally be characterized as rights of copying, recording, adaptation, and publishing. A single act of infringement may violate all of these rights at once, as where a publisher reproduces, adapts, and sells copies of a person’s copyrighted work as part of a publishing venture. Infringement takes place when any one of the rights is violated: where, for example, a printer reproduces copies without selling them or a retailer sells copies without having anything to do with their reproduction. The references to “copies or phonorecords,” although in the plural, are intended here and throughout the bill to include the singular (1 U.S.C. §1).Reproduction.—Read together with the relevant defini-tions in section 101, the right “to reproduce the copyrighted work in copies or phonorecords” means the right to pro-duce a material object in which the work is duplicated, transcribed, imitated, or simulated in a fixed form from which it can be “perceived, reproduced, or otherwise com-municated, either directly or with the aid of a machine or device.” As under the present law, a copyrighted work would be infringed by reproducing it in whole or in any substantial part, and by duplicating it exactly or by imitation or simula-tion. Wide departures or variations from the copyrighted work would still be an infringement as long as the author’s “expression” rather than merely the author’s “ideas” are taken. An exception to this general principle, applicable to the reproduction of copyrighted sound recordings, is specified in section 114.

What pages are reprinted from the House Report on the new copyright law?

note: The following excerpts are reprinted from the House Report on the new copyright law (H.R. Rep. No. 94-1476, pages 74–79). All of the House Report’s discussion of section 108 is reprinted here; similarities and differences between the House and Senate Reports on particular points will be noted below.

What is the meaning of subsection (g)?

Subsection (g) provides that the rights granted by this section extend only to the “isolated and unrelated reproduction of a single copy,” but this section does not authorize the related or concerted reproduction of multiple copies of the same mate-rial whether made on one occasion or over a period of time, and whether intended for aggregate use by one individual or for separate use by the individual members of a group. For example, if a college professor instructs his class to read an article from a copyrighted journal, the school library would not be permitted, under subsection (g), to reproduce copies of the article for the members of the class.

What is subsection E?

Subsection (e) authorizes the reproduction and distribution of a copy or phonorecord of an entire work under certain circumstances, if it has been established that a copy cannot be obtained at a fair price. The copy may be made by the library where the user makes his request or by another library pursuant to an interlibrary loan. The scope and nature of a reasonable investigation to determine that an unused copy cannot be obtained will vary according to the circumstances of a particular situation. It will always require recourse to commonly-known trade sources in the United States, and in the normal situation also to the publisher or other copyright owner (if the owner can be located at the address listed in the copyright registration), or an autho-rized reproducing service. It is further required that the copy become the property of the user, that the library or archives have no notice that the copy would be used for any purpose other than private study, scholarship, or research, and that the library or archives display prominently at the place where reproduction requests are accepted, and include on its order form, a warning of copyright in accordance with require-ments that the Register of Copyrights shall prescribe by regulation.

What is the fair use doctrine?

The Senate bill, in section 107, embodied express statutory recognition of the judicial doctrine that the fair use of a copyrighted work is not an infringement of copyright. It set forth the fair use doctrine, including four criteria for deter-mining its applicability in particular cases, in general terms.

Which bill required the court to remit statutory damages entirely?

Section 504(c)(2) of the House bill required the court to remit statutory damages entirely in cases where a teacher, librarian, archivist, or public broadcaster, or the institution to which they belong, infringed in the honest belief that what they were doing constituted fair use.6

What is a conference substitute?

The conference substitute adopts the provisions of section 108 as amended by the House bill. In doing so, the conferees have noted two letters dated September 22, 1976, sent respec-tively to John L. McClellan, Chairman of the Senate Judiciary Subcommittee on Patents, Trademarks, and Copyrights, and to Robert W. Kastenmeier, Chairman of the House Judiciary Subcommittee on Courts, Civil Liberties, and the Administration of Justice. The letters, from the Chairman of the National Commission on New Technological Uses of Copyrighted Works (CONTU), Stanley H. Fuld, transmit-ted a document consisting of “guidelines interpreting the provision in subsection 108(g)(2) of S. 22, as approved by the House Committee on the Judiciary.” Chairman Fuld’s letters explain that, following lengthy consultations with the parties concerned, the Commission adopted these guidelines as fair and workable and with the hope that the conferees on S. 22 may find that they merit inclusion in the conference report. The letters add that, although time did not permit secur-ing signatures of the representatives of the principal library organizations or of the organizations representing publish-ers and authors on these guidelines, the Commission had received oral assurances from these representatives that the guidelines are acceptable to their organizations,The conference committee understands that the guide-lines are not intended as, and cannot be considered, explicit rules or directions governing any and all cases, now or in the future. It is recognized that their purpose is to provide guid-ance in the most commonly-encountered interlibrary pho-tocopying situations, that they are not intended to be limit-ing or determinative in themselves or with respect to other situations, and that they deal with an evolving situation that will undoubtedly require their continuous reevaluation and adjustment. With these qualifications, the conference com-mittee agrees that the guidelines are a reasonable interpreta-tion of the proviso of section 108(g)(2) in the most common situations to which they apply today.

How to copyright a book?

Subject to certain limitations, a copyright owner has the exclusive right to: 1 reproduce the work by making copies of it; 2 distribute copies of the work to the public by sale, donation, rental, or lending; 3 prepare new works derived from the original (for example, a novel adapted into a play, or a translation, or a musical arrangement); and 4 publicly perform or display the work.

How much can a copyright owner recover?

In some cases, in lieu of proving actual damages, the copyright owner can recover statutory damages of up to $30,000, or up to $150,000 if the infringement was willful, for the infringement of a work. Infringement can also be a crime, punishable by fine or imprisonment.

What is the right to copyright?

Copyright is the lawful right of an author, artist, composer or other creator to control the use of his or her work by others. Generally speaking, a copyrighted work may not be duplicated, disseminated, or appropriated by others without the creator's permission.

When was the copyright act enacted?

When the Copyright Act of 1976 was being enacted, there was extensive debate about photocopying of copyrighted material for educational and scholarly purposes. Congress declined to adopt a specific exemption for such photocopying, and instead left this to be addressed under the fair use doctrine.

What is fair use?

Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.

Does copyright expire?

Copyright protects only the form in which ideas and information are expressed. Copyrights expire after a certain period of time. And the law allows certain limited uses of copyrighted material by others, without the creator's permission. The most important such use is "fair use," which is discussed in the next Section.

What is transformative work?

A work is transformative if, in the words of the Supreme Court, it “adds something new, with a further purpose or different character, altering the first with new expression, meaning or message. ”.

What is a course pack?

Course packs can be as simple as a stapled packet or as fancy as a hardbound book with a four-color cover.

What is supplemental material?

Supplemental Material. Many custom textbook publishers offer supplemental materials such as CDs, DVDs, or online materials that are accessible only with the purchase of the text. Since these are essentially extensions of the course pack or text itself, it makes sense to cite them as supplemental materials:

Is A Written Work Protected by Copyright?

• The first question to ask before making multiple copies of a written work is whether that work is protected by copyright. If the work is fairly contemporary, the answer most of the time will be “yes.” Copyright protects virtually all contemporary written works (in addition to other types of works in tangible form such as motion pictures and recordings), whether published or unpublish…

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Applying The Fair Use Guidelines and The Fair Use Doctrine

Procedures For Obtaining Copyright Permissions