The Ohio State University

A. Introduction

The purpose of this document is to inform faculty members of circumstances in which copying materials for placement on reserve is unrestricted, where otherwise restricted copying may be permissible as "fair use" of the materials, and where permission to copy may be required. See also Title 17, U.S. Code.

Federal law grants copyright owners the exclusive right to reproduce and distribute their work, except in certain situations. Under current law, which became effective in 1978, a work has copyright protection from the moment it is created. The work need not be published or registered, and it need not contain a copyright notice.

Copying is permissible in two types of situations. First, unrestricted copying is permitted where the work either never was or no longer is protected by copyright. Second, even where copying would otherwise be restricted, the doctrine of "fair use" permits copying without the copyright owner's permission for purposes of criticism, comment, teaching, scholarship, or research.

Any original text or document may be placed on reserve, restricted only by Library space limitations. Photocopies may placed on reserve according to the guidelines discussed in the document.

Each faculty member is responsible for deciding whether to seek a copyright owner's permission to photocopy a work or whether to proceed without permission.

B. Unrestricted Photocopying

1. Pre-1978 works never copyrighted. Writings published before January 1, 1978, which fail to carry a copyright notice on their front pages are not protected and may be copied without restriction.
2. Published works with expired copyrights. All works published prior to September 19, 1906, are in the public domain and may be photocopied without restriction. Works published before 1978 for which copyright protection was obtained may be protected for up to seventy-five years. Works created after January 1, 1978, are generally protected for the life of the author plus fifty years.
3. U.S. Government publications. U.S. Government publications are not protected by copyright law, except to the extent they use copyrighted materials from other sources. One exception to this rule is some National Technical Information Service publications that are less then five years old.
4. Journals. Some journals have waived copyright restrictions for photocopies made for research, educational and scholarly purposes. Notice of any such waiver should appear on the title page of the journal.

C. Copying that is permitted as "fair use"

Copyrighted works may be reproduced without securing permission and without paying royalties when the circumstances surrounding the copying amount to "fair use." Fair use is widely viewed as permitting the placement on reserve of a single photocopy of a chapter of a book, an article from a journal, periodical or newspaper; a short story, essay or poem; and/or a diagram or a picture from any of those works. The decision to place multiple photocopies on reserve should be guided by the following principles:

1. The amount of material used should be selective and sparing, i.e. not all or a substantial part of a work.
2. The number of photocopies should be reasonable in light of the number of students enrolled in the course and the difficulty and timing of the assignments. University Libraries may limit the number of photocopies that may be placed on reserve.
3. The effect of the photocopying should not be detrimental to the market for the work. For example, copies of "consumable" works such as workbooks or standardized tests may not be placed on reserve.
4. A use that might otherwise not be considered a fair use may be permissible where there is insufficient time to request permission from the copyright owner, e.g. the copying of several articles from a current periodical.
5. The fair use justification is weakened where photocopied materials are used repeatedly in successive quarters or classes.
6. The creations of anthologies by photocopying a number of copyrighted articles for use as basic text material for a course in not generally permissible as fair use.
7. The copying of out-of-print works may be permissible where unsuccessful attempts have been made to secure copies of the work from out-of-print or reprint dealers, the publisher, or the copyright owner.

All copied materials must contain the following: "NOTICE: this material may be protected by copyright law (Title 17 U.S. Code)."

D. Obtaining Permission to Copy

When permission to copy is required, a request should be sent to the publisher, together with a self-addressed return envelope. The following information is generally required by publishers before authorization will be given:

1. title, author or editor, and edition of the material;
2. exact material to be used, with amount, page numbers, chapters, and, if possible, a photocopy of the material;
3. the number of copies to be made;
4. how the materials will be used and for how long;
5. the form of distribution, e.g. placement on closed reserve; and the type of reprint.

E. Penalties for infringement of copyright

A copyright owner can seek to halt infringement by suing to enjoin use of the material and seeking money damages. Even if a faculty member's use of material is held to infringe, however, federal law limits any monetary award if the faculty member believed that the copying was fair use and had reasonable grounds for that belief. Money damages would reflect any market losses resulting from the copying, an amount which should not be substantial if an attempt is made to limit copying under the doctrine of fair use.

F. Assistance

To consult a copyright specialist, please contact Trisha L. Davis, OSU Libraries Rights Management Coordinator, or Dan Mayo, OSU Libraries Rights Management Specialist.

Approved by Library Council 4/11/1990.