Computer Index Code: C2S12.01
Origination Date: 3/27/84
Inst. Council Approval Date: 11/14/84
Subject: Chapter 2 BUSINESS--VP FOR BUSINESS
Section 12.01 PHOTOCOPYING OF COPYRIGHTED MATERIALS FOR
The purpose of this policy is to outline Salt Lake Community
College's copyright policy concerning the duplication of
1. Poetry: (a) A complete poem if less than 250 words and
if printed on not more than two pages, or (b) from a
longer poem, an excerpt of not more than 250 words.
2. Prose: (a) Either a complete article, story or essay
of less than 2,500 words, or (b) an excerpt from any
prose work of not more than 1,000 words or 10% of the
work, whichever is less, but in any event a minimum
of 500 words. (Each of the numerical limits stated
in 1. and 2. above may be expanded to permit the
completion of an unfinished line of a poem or a poem
or an unfinished prose paragraph.)
3. Illustration: One chart, graph, diagram, drawing,
cartoon or picture per book or per periodical issue.
4. "Special" works: Certain works in poetry, prose or
in "poetic prose" which often combine language with
illustrations and which are intended sometimes for
children and at other times for a more general audience
fall short of 2,500 words in their entirety.
Paragraph 2. above notwithstanding such "special works"
may not be reproduced in their entirety; however, an
excerpt comprising not more than two of the published
pages of such special work and containing not more
than 10% of the words found in the text thereof,
may be reproduced.
1. The copying is at the instance and inspiration of the
2. The inspiration and decision to use the work and the
moment of its use for maximum effectiveness are so
close in time that it would be unreasonable to expect
a timely reply to a request for permission.
C. Cumulative Effect
1. The copying of the material is for only one course
or meeting for which the copies are made.
2. Not more than one short poem, article, story, essay
or two excerpts may be copied from the same author,
nor more than three from the same collective work
or periodical volume during one class term.
3. There shall not be more than nine instances of such
multiple copying for one class term or meeting.
(The limitations stated in 2. and 3. above shall
not apply to current news periodicals and newspapers
and current news sections of other periodicals.)
A. The principles of the copyright law are designed to promote
the creation, publication, and use of works of the
intellect. These principles include both the exclusive
rights of copyright owners to determine certain uses of
their works (in not-for-profit as well as commercial
contexts), and certain exceptions including the doctrine
of "fair use." These precepts are in the mutual interest
of the college, author, and publisher communities and of
B. Under the copyright laws, certain photocopying of copyrighted
works for educational purposes may take place without the
permission of the copyright owner under the doctrine of "fair
use" (presently set forth in Section 107 of the Copyright Act).
This principle is subject to limitations, but neither the
statute nor judicial decisions give specific practical
guidance on what photocopying falls within fair use. To
achieve greater certainty of procedure, to reduce risks of
infringement or allegations thereof, and to maintain a desirable
flexibility to accommodate specific needs:
1. The procedures set forth are to be used to determine
whether or not the prior permission of the copyright
owner is to be sought for photocopying for use. (To
minimize intrusiveness and over-centralization, the
responsibility for making this determination will
continue to reside with the individual. In making
this determination, the individual should carefully
consider all sections of the procedures; that is to
say that once work has been submitted to the copy center,
the position of the copy center is that they assume there
is no conflict with copyright and that appropriate action
has already been taken by the requester for service to
assure that this policy has been followed. If the proposed
photocopying is not permitted under the procedure,
permission to copy is to be sought. An explanation of
how permissions may be sought and a procedure for furnishing
to the immediate supervisor information concerning the
responses by copyright owners to requests for permission
is set forth under E. and F. of the procedures. After
permission has been sought, copying should be undertaken
only if permission has been granted, and in accordance
with the terms of the permission, except as provided in
the next paragraph.
2. The doctrine of fair use may now or hereafter permit
specific photocopying in certain situations, within
limitations, beyond those specified in the procedures or
those that might be agreed to by the copyright owner.
If you have any questions, consult the copy center
manager or librarian of the college. If upon review
it is determined that some or all of the proposed
photocopying is permitted by the copyright law, the
individual will be so advised in writing. In that
event, should any such photocopying by the individual
thereafter give rise to a claim of copyright
infringement, the College will defend and indemnify
the individual against any such claim.
3. In the absence of the determination and advice by the
College administration referred to in paragraph B, or
in the event that permission has not been first
requested by the individual as provided in paragraph A,
no defense or indemnification by the College shall be
provided to an individual whose photocopying gives
rise to a claim of copyright infringement.
A. Single Copying
A single copy may be made of any of the following by or
for an individual at his or her individual request for
his or her scholarly research of use in teaching,
preparation to teach a class or other responsibilities:
1. A chapter from a book;
2. An article from a periodical or newspaper;
3. A short story, short essay or short poem, whether or
not from a collective work;
4. A chart, graph, diagram, drawing, cartoon or picture
from a book, periodical or newspaper.
B. Multiple Copies
Multiple copies (e.g. not to exceed in any event more than
one copy per individual in a course or meeting, may be made
by or for the individual giving the course or meeting for
use of discussion, provided that:
1. The copying meets the test of brevity and spontaneity
as defined below; and,
2. Meets the cumulative effect test as defined below; and,
3. Each copy includes a notice of copyright.
C. Compliance Form
The individual requesting photocopying should fill out and
sign a one line form provided by the copy center simply asking
the question, "Are you in compliance with the copyright law?
Yes ____ No____?"
D. Prohibitions as to A and B above
Notwithstanding any of the above, the following shall be
1. Copying shall not be used to create or to replace or
substitute for anthologies, compilations or collective
works. Such replacement or substitution may occur
whether copies of various works or excerpts therefrom
are accumulated or reproduced and used separately.
2. There shall be no copying of or from works intended
to be "consumable" in the course of study or of teaching
unless permission is indicated in the document or is
obtained under the guidelines of this policy. These
include workbooks, exercises, standardized tests and
test booklets and answer sheets and like consumable
3. Copying shall not:
a. substitute for the purchase of books, publisher's
reprints or periodicals.
b. be directed by a supervisor,
c. be repeated with respect to the same item by the
same teacher from term to term.
4. No charge shall be made to the student beyond the actual
cost of the photocopying (may include binding, covers,
other handling and/or photocopying fees).
E. How to Obtain Permission
When a proposed use of photocopied material requires an
individual to request permission, communication of complete
and accurate information to the copyright owner will facilitate
the request. The Association of American Publishers suggests
that the following information be included to expedite the
1. Title, author and/or editor, and edition of materials
to be duplicated;
2. Exact material to be used giving amount, page numbers,
chapters and, if possible, a photocopy of the material;
3. Number of copies to be made;
4. Use to be made of duplicated materials;
5. Form of distribution (classroom, newsletter, meeting,
6. Whether or not the material is to be sold; and
7. Type of reprint (ditto, photocopy, offset, typeset).
The request should be sent,* together with a self-addressed
return envelope, to the permissions department of the
publisher in question. If the address of the publisher
does not appear at the front of the material, it may be
obtained from The Literary Marketplace (for books) or
Ulrich's International Periodicals (for journals), both
published by the R. R. Bowker Company. For purposes of
proof, and to define the scope of the permission, it is
important that the permission be in writing.
The process of considering permission requests requires
time for the publisher to check the status and ownership
of rights and related matters, and to evaluate the request.
It is advisable, therefore, to allow sufficient lead time.
In some instances the publisher may assess a fee for
permission, which may be passed on through the bookstore
to students who receive copies of the photocopied material.
F. Gathering Data On Responses To Requests For Permission To
In order to help assess the effect of this Policy Statement
upon college personnel, it will be useful for the
administration to compile data on responses by copyright
owners. Each individual is therefore requested to forward
a dated copy of each request for permission and a dated copy
of each response to the Office of Legal counsel, Bobst
Library, 11th Floor,
70 Washington Square South, New York,
10012. New York
*The following is a sample letter to a copyright owner (usually a
publisher) requesting permission to copy:
Material Permissions Department
Hypothetical Book Company
500 East Avenue
Chicago, IL 60601
I would like permission to copy the following for use in
my class next semester:
Title: Knowledge is Good, Second Edition
Copyright: Hypothetical Books Co., 1965, 1971
Author: Frances Jones
Material to be duplicated: Chapter 10 (photocopy enclosed)
Numbers of copies: 50
Distribution: The material will be distributed to students
in my class and they will pay only the cost of photocopying.
Type of Reprint: Photocopy
Use: The chapter will be used as supplementary teaching
I have enclosed a self-addressed envelope for your convenience
in replying to this request.
For More Information, Contact:
Director of Risk Management