Warning Concerning Copyright Restrictions
The copyright law of the United States (Title 17. United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy/reproduction is not to be "used for any purposes other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of fair use, that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
Electronic Resources Use
Use of many of these resources is governed by license agreements, which restrict access to the Miami-Dade College community. The content of the various resources is copyrighted and it is the responsibility of each user to make use of them in a manner that would not infringe the copyright or other proprietary rights therein. Specific products may have additional contractual restrictions. Inappropriate use could violate the terms of the various license agreements with the publisher, content provider or consortia arrangements. Electronic or printed copies are permitted, provided that such copies are for personal use and are not for commercial distribution or re-distribution to unauthorized users. Substantial or systematic reproduction by users is not permitted.
It is important that each user realize their individual responsibility to employ these products appropriately for their individual, non-commercial use and that they not violate or otherwise try to circumvent copyright or license agreements. The user is liable for any violation of copyright or license agreements when using any electronic resources.
Frequently Asked Questions
- If I see something and it doesn't have a copyright notice, does that automatically mean I can use it?
- No. A copyright notice is not required in order to have copyright protection. It is true that many things are not protected by copyright. However, it's good practice to analyze any work that has no copyright notice to determine whether it is likely to be protected by copyright.
- What is "fair use”?
- The "fair use" provision of the copyright statute (Section 107 "Limitations on exclusive rights: Fair Use"), allows for reproduction of portions of copyrighted materials without permission of the copyright owner "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research". Fair use applies to all copyrighted works, regardless of media, including those fixed in print, electronic and multimedia formats.
- What are the "Guidelines for Classroom Copying"?
- The Guidelines for Classroom Copying in Not-For-Profit Educational Institutions With Respect to Books and Periodicals, written by a group consisting of the Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision, the Authors League of America, and the Association of American Publishers (AAP), were published as part of the House Report that accompanied the Copyright Act of 1976. It is important to note that the purpose of these guidelines is to state the minimum and not the maximum standards of educational fair use. There may be instances in which copying that does not fall within the guidelines may nonetheless be permitted under the criteria of fair use.
- The Guidelines allow a single copy to be made by or for a teacher for his or her scholarly research or for use in teaching or preparation to teach a class, of any of the following:
- a chapter from a book
- an article from a periodical or newspaper
- a short story, short essay or short poem, whether or not from a collective work
- a chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
- The Guidelines allow for the reproduction of multiple copies for classroom use, as long as the copying meets the tests of brevity (such as a short poem or article, or 10% of a book), spontaneity (the inspiration and decision to use the work at the moment that would most benefit students did not allow for sufficient time to seek permission), and cumulative effect (this test limits the copying of works from the same author, collective work or periodical volume during one class term, as well as the number of instances of such multiple copying for one course during one class term).
- Can I use Illustrations and Photographs in my PowerPoint that I use in-class lectures?
- Under the guidelines of fair use a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project.
- I use PowerPoint for my in-class lectures. May I add (digitize) charts, graphs and other pages from the course textbook to my PowerPoint presentation?
- Yes, as long as you are not incorporating more than 10% of the book, and only for one course and only one semester. For repeated use, seek permission from the publisher of the textbook. It is helpful if the textbook in question is the required text for the course. This permission is usually free, but the publisher wants detailed information about your exact application.
- What about text in PowerPoint presentations?
- An educational multimedia presentation, such as PowerPoint, may include up to 10% or 1,000 words, whichever is less, of a copyrighted text work
- Can I use video in a PowerPoint presentation?
- You can use 10% or less of a video in your presentation or three minutes, whichever is less.
- Can I show a video in my class that I rented from a store such as Blockbuster?
- Yes, you may show a lawfully made copy of a video in a face-to-face classroom for educational purposes (not just entertainment).
- I bought the video "One Flew Over the Cuckoo's Nest". Can I show this video in my class?
- Yes. "Videos are sold for Home Use Only, with Public Performance Rights, or with Educational or Classroom Performance Rights. Frequently the same title is available with either home use only or public performance rights. The Public Performance version usually costs significantly more than the home use version. Home Use Only videorecordings may not be shown for public performance but may be used for "face-to-face" classroom teaching. Public Performance videorecordings may be viewed by individuals and groups in a variety of settings but may not be broadcast or transmitted (via television, cable, radio, Internet, etc.) without special permission. Video producers vary in their willingness to grant Broadcast Rights and how much extra they charge for it. The vendor from which you purchase a video may not be -- indeed, usually isn't -- the copyright holder." (Medical Library Association)
- I have some videos that I bought at a conference which are no longer available. Can I ask that they be duplicated and housed in the Library/Media Department?
- What are the copyright restrictions for Items on Reserves?
- The Copyright Law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the Law, libraries and archives are authorized to furnish a photocopy or other reproductions. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of that order would involve violation of the law
- What is "Fair use" in Reserve materials"?
- Fair use" for teaching purposes means that, from each single source-
- only one copy
- of one chapter or article
- to be used for only the length of one academic semester may be used without having to request permission