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Instructional Support

Information and resources for Lewis-Clark State College faculty

LCSC Copyright Policy

The materials placed on reserve by faculty at Lewis-Clark State College must comply with provisions in the United States Copyright Act of 1976, Section 107 and the Family Educational Rights and Privacy Act (FERPA) of 1974.

Under fair use guidelines, faculty and the library are permitted to provide students with access to supplemental materials for coursework.  At Lewis-Clark State College, "Fair Use" of copyrighted material is generally defined as the use of:

  • Single article from an issue of a periodical or newspaper 
  • Either 10% or a single chapter from a book 
  • Short story, essay or poem 
  • Single graphic representation-chart, diagram, cartoon, illustration
  • Legally acquired video or music recording

What if you need to use an item that falls outside of fair use?

  • It may be possible to get permission from the copyright holder, which the library will be happy to facilitate using the Copyright Clearance Center (CCC). When possible, the library will purchase licensing permission (depending on price) from the CCC.

QUICK TIPS

  • Fair Use does not permit use of copyrighted materials for classroom use, without restriction.
  • In deciding if Fair Use applies, consider the following characteristics (The majority must weigh toward Fair Use, not just one.):

Purpose and character of the use of copyrighted material (used for non-profit educational use or to create something new, such as a parody),

Nature of the copyrighted work (creative works are more stringently protected than non-fiction),

Amount of work copied (cannot be the "heart" of the work),

Effect upon lost income for the copyright holder

  • Acknowledging the source material is not a substitution for getting permission.
  • Most permissions are granted only for one semester or one school term.
  • Educational guidelines about the amount of materials that can be copied, etc., have been carved out by a consortium of educational institutions across the United States. They are not part of federal law, but they are included as a House committee document supporting the copyright law. The American Association of University Professors has declined to endorse them.

Sample Guideline: Videos taped off-air at home may be used for instructional purposes only up to 10 days after the broadcast. The tapes should be erased 45 days after the broadcast.

More Information