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Reproduction and use of Copyrighted Materials

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  1. Policy

    In recognition of its mission to further teaching, learning, and research, and to engage in public service, the college is also committed to fostering an environment that allows for the legal uses of copyrighted works to achieve these goals while remaining in compliance with applicable copyright laws. The college’s policy is to support the lawful use of works and avoid unnecessary restrictions. All employees and students are expected to follow applicable laws and this policy when reproducing and using works.

  2. References
    1. Copyright Act of 1976, as amended, 17 U.S.C. §§ 101–1511 (2024).
    2. Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. §12101 et seq. (1990).
    3. ADA Amendments Act (ADAAA) of 2008, Pub. L. 110–325.
    4. Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860 (1998).
  3. Definitions
    1. Academic Use: use of a work that relates to or is consistent with the mission of the college, such as criticism, commentary, teaching, studying, scholarship, research, or internal training.
    2. Concerted Reproduction: the planned or systematic reproduction of works in small portions over time to avoid purchasing a copyrighted work.
    3. Copyright: the legal right that governs how original works of authorship may be used by others.
    4. Copyright Owner: the individual or institution that holds the right to control how a work is used.
    5. Fair Use or Fair Use Exception: the right to use a work under certain conditions without the permission of the copyright owner. Fair use is evaluated on the following factors:
      1. the purpose or character of the use, e.g., for commercial purposes or 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.
    6. Open Education Resources (OER): OER are teaching, learning, and research works that reside in the public domain or have been released under an open license that permits their free use and re-purposing by others.
    7. Open Licensing: an alternative form of copyright licensing in which the creator determines which elements of copyright protection apply to the work. This includes Creative Commons licenses.
    8. Permission: written terms under which a work may be used. Specified by the copyright holder or the terms of an open license.
    9. Reproduction: a copy of a work, regardless of the form of the work or the copy. This may include work obtained from physical and digital materials.
    10. Work: a creation that is capable of copyright protection.
  4. Procedures
    1. General
      1. For information about the general principles for copyright, open licensing, and the college’s policy regarding ownership of works created by college faculty, staff, and students, see the Copyright Ownership and Intellectual Property Policy.
      2. To learn more about fair use analyses or applicable limitations on exclusive rights for specific uses of copyrighted works, access the Copyright Guide or contact the Library Services Copyright Librarian.
      3. For legal questions, contact the Office of the General Counsel.
      4. Copying and Artificial Intelligence (“AI”)
        1. Output generated by AI systems without meaningful human authorship may not be copyrighted. Using or reproducing these uncopyrighted works does not require permission.
        2. Works with AI-generated elements incorporated into them may be copyrighted. Use and reproduction of such works may require permission.
    2. Reproduction for Academic Use
      1. It is permissible to use or reproduce works for academic purposes, including in digital formats, if the sharing or reproducing is made with permission, within the terms of an open license, or adheres to fair use or other limitations on exclusive rights identified in the Copyright Act.
      2. A fair use analysis is required if relying on the fair use exception.
        1. In a fair use analysis, the four factors are taken together, not in a one-by-one analysis.
        2. All four factors do not need to be equally met or weighed.
      3. Performing or displaying a work for academic use, including motion picture or other audiovisual works must be done in compliance with applicable laws.
      4. As determined by the Accessibility & Disability Services (ADS), a digital reproduction of copyrighted material may be created or modified to meet an accommodation request.
    3. Reproduction by College Departments
      1. Reproduction by Library Services
        1. Library Services shall follow all applicable laws when providing interlibrary loans.
          1. As the lending library, Library Services shall not fill an interlibrary loan request where prior contractual obligations prohibit reproduction of copyrighted material; and
          2. As the borrowing library, Library Services shall keep and retain records of filled interlibrary loan requests for three full years following the end of the calendar year in which the requests were made.
          3. Annually, Library Services will evaluate interlibrary loan borrowing activity to determine if it exceeds the limits outlined in Copyright Act.
        2. Library Services may make reproductions of a work on separate occasions if the library personnel have no reason to believe they:
          1. are part of a concerted reproduction; and
          2. will be used for any purpose other than private study, scholarship, or research.
        3. To preserve and maintain library collections, Library Services is permitted to make:
          1. reproductions of unpublished works that are currently in the library-owned collection for preservation, security, or deposit in another library; or
          2. a reproduction of a published copyrighted work to replace a work that is damaged, deteriorating, lost, or stolen, if, after a reasonable effort, the library determines that it cannot obtain an unused replacement at a fair price.
        4. A copyright notice will accompany all reproduced materials.
      2. Reproduction by Printing Services
        1. Reproducing physical works for students for a course should be performed through Printing Services.
        2. Printing Services will not be responsible for obtaining permission for copyrighted works, but will verify permissions in the following ways:
          1. Permission will be assumed for course packets and other materials given to Printing Services by SLCC Bookstore employees.
          2. Employees and other users will be required to sign a release verifying copyright compliance, that the submitted material complies with copyright use, qualifies for fair use, or is being used with permission.
        3. Printing Services will maintain a notice of copyright on all of their copy machines at all college campuses.
        4. Printing Services will reproduce materials only when accompanied by a signed copyright compliance release or documented permission. If the requester cannot provide this documentation, Printing Services will not reproduce the material.
      3. Reproduction by Other Departments
        1. Reproducing or using works must be done with permission, within the terms of an open license, or adhere to fair use or other limitations on exclusive rights identified in the Copyright Act.
        2. All copiers shall carry a notice of copyright informing users of their liability for physically reproducing works.
          1. Printing Services shall maintain the approved notice of copyright, and copies of the notice may be obtained at the Printing Services webpage or at their offices.
        3. Performing or displaying a work, including all or part of a motion picture or other audiovisual work, for reasons other than academic use, should adhere to fair use or be done with permission, which may include obtaining a performance license.
    4. Reproduction for Accessibility
      1. This policy complies with the Americans with Disabilities Act (ADA) and related accommodation rules and regulations.
      2. Reproducing and sharing works for accessibility purposes is allowed with permission, within the terms of an open license, or if the use adheres to fair use.
      3. ADS or other college-authorized entities may circumvent a technological measure for audiovisual works to provide captioning and/or audio description for employees or students with disabilities.
    5. Reproduction for Non-Academic Use

      Reproductions of works for non-academic uses within a user’s institutional role should be made with permission or constitute fair use.

    6. Failure to Comply with Policy

      Students and employees who violate this policy are subject to accountability or corrective action.

Last Revised: June 10, 2026

Last Approved: June 10, 2026

The originator of this policy & procedure is the Library Services Copyright Librarian. Questions regarding this policy may be directed to the originator by calling 801-957-3851.