Copying of copyrighted materials for student learning and research use without written permission may occur in the following instances:
Single copying for teachers
Single copies may be made of any of the following by or for professors at their individual request for scholarly research or use in teaching or preparation to teach a class:
Multiple copies for student learning use
Multiple copies (not to exceed more than one copy per student in a course) may be made by or for the teacher giving the course for student learning use or discussion; provided that the following three criteria are met:
Brevity: Either a complete article, story or essay of less than 2,500 words, (usually varies 3-8 pages depending on size of page and type) or an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is greater.
Spontaneity: The copying is at the instance and inspiration of the individual teacher, and the inspiration and decision to use the work.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.
Cumulative effect: Copying of the material is for only one course in the school in which the copies are made.
Computer software is tangible material and can be copyrighted. The Doctrine of Fair Use applies to computer software.
Permissible uses of copyrighted software owned by or licensed to the University or its faculty:
Prohibited uses of copyrighted software:
Faculty can request items be placed on Course Reserves at the Library. Faculty must complete a request form and a copyright clearance form.
Print Reserves (Traditional):
Electronic Reserves (eReserves):
Permission from copyright holders is often needed when creating course materials, research papers, and web sites. You need to obtain permission when you use a work in a way that infringes on the exclusive rights granted to a copyright holder (i.e. outside the boundaries of fair use).
Steps that need to be followed to obtain permission to use copyrighted material:
Copyright law (Title 17 of the United States Code) is dense and vague, and guidelines listed as Fair Use, and the TEACH act are not always clear. Publishers are becoming more litigious and have filed lawsuits regarding inappropriate use of copyrighted materials at universities.
Faculty and educational institutions are given some latitude under the Fair Use Doctrine in using materials protected by copyright laws for educational purposes. A faculty member who does not follow the legal parameters of copyright may incur liability exposure. CSU legal counsel may defend and indemnify a faculty member who is sued in the course of faithfully and legally carrying out assigned responsibilities. However, the CSU Office of General Council may decline to defend a faculty member who willfully disregarded copyright law.