313 Other Duties and Responsibilities

313.01 Agreement on Guidelines for Classroom Copying in Not-for-profit Educational Institutions with Respect to Books and Periodicals

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of H. R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines. (See "Regents Guide to Understanding Copyright and Fair Use")

Moreover, the following statement of guidelines in not intended to limit the types of copying permitted under the standards of the fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

313.01.01 Guidelines

A. Single copy for teachers

A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

1. chapter from a book;

2. 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 for Classroom Use

Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:

1. the copying meets the tests 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.

313.01.02 Definitions

A. Brevity

1. poetry: 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 "I" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of 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 "ii" 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.

B. Spontaneity

1. The copying is at the instance and inspiration of the individual teacher, and

2. the inspiration and decision to use the work and the moment of its use for maximum teaching 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 in the school in 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 course during one class term.

(The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

(Source: Agreement of the Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision, and of the Authors League of America, Inc., and the Association of American Publishers, Inc., adopted March 1976)

313.02 Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes

A. The guidelines were developed to apply only to off-air recording by non-profit educational institutions.

B. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a non-profit educational institution for a period not to exceed for first forty-five(45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for recreation by the general public without charge.

C. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction without a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) calendar day retention period. "School days" are school session days--not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions--within the forty-five (45) calendar day retention period.

D. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

E. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

F. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

G. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

H. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

I. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

(Source: Assistant Vice President for Legal Affairs)

313.03 Academic Convocations

Faculty members are expected to attend formal academic exercises of the University and to wear on such occasions appropriate academic attire (Statutes, Article XI, Section 7).

313.04 Identification Cards

Faculty are expected to have a university identification card, called a PantherCard. The PantherCard Office is responsible for making identification cards for students and faculty. An identification card is required to check-out books from the University libraries, and is requested by various offices of the University as proof of faculty status in order to receive services. The faculty identification card remains valid as long as the faculty member is employed. It need not be renewed annually but must be returned upon termination of employment.

313.05 Ethical Behavior with Regard to Complimentary Textbooks

The University Senate passed the following resolution on February 2, 1989:

"The distribution of complimentary textbooks is an important part of the process whereby professors review the full range of instructional materials available for their courses. However, the integrity of this process must be respected.

Selling complimentary copies of textbooks adversely affects the entire academic community.

Professor-authors are deprived of economic return in royalties, and incentives to write textbooks are diminished.

Students generally do not benefit from the sale of complimentary copies, as these books are sold at or only slightly below the new book price.

Selling complimentary textbooks inflates the cost of all textbooks, as publishers must compensate for revenue lost from the sale of new books.

Selling complimentary copies violates the tradition of respect by professors for the intellectual work of their colleagues and for the textbook publishers.

The future of availability of complimentary textbooks may be seriously jeopardized by the reluctance of publishers to risk further financial loss.

Faculty members receive complimentary textbooks as a result of their position at the University. These textbooks should not be viewed as a source of faculty income. We recommend the following:

1. Complimentary textbooks are not to be resold for faculty profit. The books may be maintained for faculty reference or contributed to a library for student reference.

2. Solicitors for complimentary copies are forbidden from campus.

3. The campus bookstore may not sell copies which are identifiable as complimentary copies whatever their source may be."